Pennsylvania Shipping Co.

National Labor Relations Board - Board Decisions

Jul 28, 1939

13 N.L.R.B. 1209 (N.L.R.B. 1939)

In the Matter of PENNSYLVANIA SHIPPING Co. and UNITED LICENSED
OFFICERS OF THE U. S. A.
In the Matter Of PENNSYLVANIA SHIPPING CO. and UNITED LICENSED
OFFICERS OF THE U. S. A.
In the Matter Of PENNSYLVANIA SHIPPING CO. and NATIONAL MARINE
ENGINEERS' BENEFICIAL ASSOCIATION
In the Matter Of PENNSYLVANIA SHIPPING Co. and NATIONAL ORGAN-
IZATION MASTERS, MATES AND PILOTS or AMERICA
In the Matter Of PENNSYLVANIA SHIPPING Co. and AMERICAN RADIO
TELEGRAPHISTS ASSN LOCAL No. 2
Cases Nos. R-1139 to R-1143, inclusive, respectively
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
July 28, 1939
On January 24, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in
the above-entitled proceedings. The Direction of Elections directed
that as part of the investigation authorized by the Board to ascertain
representatives for collective bargaining with the Pennsylvania
Shipping Co., Philadelphia, Pennsylvania, elections by secret bal-
lot should be conducted as soon as convenient, and beginning as
promptly as practicable after the date of the Direction :
1. Among the radio operators employed by the Company to de-
termine whether they desired to be represented by American Radio
Telegraphists' Association or by Commercial Telegraphers' Union,
for the purposes of collective bargaining, or by neither;
1 10 N. L. R. B 1380.
13 N. L. R. B., No. 114.
1209
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Among the licensed engineers employed by the Company to de-
termine whether they desired to be represented by United Licensed
Officers Association or by National Marine Engineers' Beneficial As-
sociation, for the purposes of collective bargaining, or by neither;
3. Among the licensed deck officers employed by the Company to
determine whether they desired to be represented by United Licensed
Officers Association or by National Organization Masters, Mates and
Pilots of America, for the purposes of collective bargaining, or by
neither.
Pursuant to the Direction, elections by secret ballot were con-
ducted under the direction and supervision of the Regional Director
for the Fourth Region (Philadelphia, Pennsylvania). Full oppor-
tunity was afforded all parties to this investigation to participate in
the conduct of the secret ballot and to make challenges. On March
29, 1939, the Regional Director, acting pursuant to Article III, Sec-
tion 9, of National Labor Relations Board Rules and Regulation-,-
Series 1, as amended, issued an Intermediate Report on the secret
ballot, copies of which were duly served upon the parties. No ob-
jections or exceptions to the Intermediate Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
1. Radio operators
Total number eligible to vote--------------------------------- 16
Total number ballots cast------------------------------------ 16
Total number of ballots cast for American Radio Telegraphists'
Association ----------------------------------------------- 14
Total number of ballots cast for Commercial Telegraphers'
Union ---------------------------------------------------- 0
Total number of ballots cast by those not desiring to be repre-
sented by either the American Radio Telegraphists' Associa-
tion or the Commercial Telegraphers' Union----------------- 2
Total number of blank ballots ------------------------------- 0
Total number of void ballots -------------------------------- 0
Total number of challenged votes --------------------------- 0
2. Licensed Engineers
Total number eligible to vote ------------------------------- 68
Total number ballots cast ----------------------------------- 66
Total number of ballots cast for United Licensed Officers of
the U. S. A. ---------------------------------------------- 0
Total number ballots cast for National Marine Engineers' Bene-
ficial Assocation ------------------------------------------ 41
Total number ballots cast by those not desiring to be repre-
sented by either the United Licensed Officers of U. S. A. or
the National Marine Engineers' Beneficial Association- ------- 25
Total number of blank ballots ------------------------------ 0
Total number of void ballots ------------------------------- 0
Total number of challenged votes --------------------------- 0
PENNSYLVANIA SHIPPING COMPANY 1211
3. Licensed Deck Officers'
Total number eligible to vote -------------------------- ---- 71
Total number ballots cast ----------------------------------- 66
Total number ballots cast for United Licensed Officers of the
U. S.,A. -------------------------------------------------- 0
Total number ballots cast for National Organization, Masters,
Mates & Pilots of America -------------------------------- 23
Total number ballots cast by those not desiring to be repre-
sented by either the United Licensed Officers of the U. S. A.
or the National Organization, Masters, Mates & Pilots of
America -------------------------------------------------- 39
Total number of blank ballots ------------------------------ 2
Total number of void ballots -------------------------------- 1
Total number of challenged votes --------------------------- 1
The results of the balloting among the radio operators of the Com-
pany show that a majority of such employees have cast ballots in
favor of the American Radio Telegraphists' Association. We have,
however, been informed by the Regional Director for the Fourth
Region that a' question exists as to the correct designation of the bar-
gaining representative of the radio operators as a result of a change
in designation of the American Radio Telegraphists' Association to
American Communications Association. Accordingly, we shall with-
hold at this time certification of bargaining representatives for the
radio operators pending a determination of any issues which may be
raised by the aforesaid change in designation.
Since the results of the balloting among the licensed engineers of
the Company show that a majority of such employees desire to be
represented by National Marine Engineers' Beneficial Association for
the purposes of collective bargaining, we shall certify said organiza-
tion as the exclusive bargaining representative of all such employees.
The results of the balloting among the licensed deck officers of the
Company show that no collective bargaining representative has been
selected by a majority of such employees. We shall, accordingly,
dismiss the petitions for investigation and certification of representa-
tives with respect to the licensed deck officers of the Company.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-
Series 2,
IT is HEREBY CERTIFIED that National Marine Engineers' Beneficial
Association affiliated with the Committee for Industrial Organization
has been designated and selected by a majority of the licensed
engineers employed by Pennsylvania Shipping Co., Philadelphia,
1212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pennsylvania, as their representative for the purposes of collective
bargaining and that, pursuant to the provisions of Section 9 (a) of
the Act, National Marine Engineers' Beneficial Association is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
IT Is HEREBY ORDERED that the petitions for investigation and cer-
tification of representatives of the licensed deck officers of Pennsyl-
vania Shipping Co., Philadelphia, Pennsylvania, filed by National
Organization Masters, Mates and Pilots of America, affiliated with
the American Federation of Labor, and by United Licensed Officers
of the U. S. A., be, and they hereby are, dismissed. °
MR. WILLIAM M. LEISERSOx took no part in the consideration of
the above Supplemental Decision, Certification of Representatives,
and Order.