Pennsylvania Shipping Co.

National Labor Relations Board - Board Decisions

Feb 20, 1940

20 N.L.R.B. 599 (N.L.R.B. 1940)

In the Matter Of PENNSYLVANIA SHIPPING Co. and AMERICAN RADIO
TELEGRAPHISTS ' ASSOCIATION, LOCAL No. 2.
Case No. R-1143
Mr. Jack Davis; for the Board.
Mr. John J. Burns, of'New York City, for the Company.
Boudin, Cohn & Glickstein ., by Sidney Elliott Cohn and Irving R.
Feinberg , both of New York City,'for the A. C. A.
Ornstein d Silverman, by Henry H. Silverman, of New York City,
for Local No. 2.
Mr. Louis J. Kleinklaus, of New York City, for the C. T. U.
Mr. Richard A. Williams, of counsel to the Board.
SECOND SUPPLEMENTAL DECISION
AND
ORDER
- February 00, 1940
STATEMENT OF THE CASE
On January 24, 1939, the National. Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election,1 in the
above-entitled proceeding. The Direction of Election provided that
an election by secret ballot should be conducted as soon thereafter as
was practicable among the radio operators employed by Pennsylvania
Shipping Company, Philadelphia, Pennsylvania, herein called the
Company, during the pay-roll period immediately preceding the date
of the balloting, excluding temporary employees but including em-
ployees.-who did not work during such pay-roll period because they
were on vacation, to determine whether they desired to be represented
for the purposes of collective bargaining by American Radio Tele-
graphists' Association, or by Commercial Telegraphers' Union, herein,
called the C. T. U., or by neither. On July 28, 1938, the Board issued'-
its Supplemental Decision, Certification of Representatives, and-
1 10 N. L. R. B. 1380.
20 N. L. R. B., No. 61.
599
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Order,2 in which it withheld certification of any bargaining represent-
ative of the radio operators because. of doubt as to the exact identity
of the bargaining representative designated at the election. There-
after, American Communications Association, herein called A. C.. A.,
filed a petition with the Board alleging that it was the, successor to
American Radio Telegraphists' Association, Local No. 2, herein called
Local No. 2, the organization which originally had filed the petition
with respect to the radio operators of the Company. The.petition of
A. C. A. requested that it be certified instead of Local No.. 2. On
September 5, 1939, the Board notified all parties that unless sufficient
cause to the contrary should appear, it would on September 16, 1939,
grant the petition of A. C. A. On October 14, 1939, Local No. 2 filed
written objections denying that A. C. A. was the successor to Local,
No. 2, denying, that A. C. -A. was entitled to certification in the stead
of Local No. 2, and offering to present evidence in support of its,
objections., On October 21, 1939, the Board issued its Order Reopen-
ing Record and directed that a further hearing be held to take evidence
on the issue raised by the petition of A. C. A. and the objections of
Local No. 2 thereto.
Pursuant to notice, a hearing was held on November 16 and 18, 1939,
in New York City before Joseph L. Maguire, the Trial Examiner
duly designated by the Board. The Board, the Company, A. C. A.,
Local No. 2, and the C. T. U., were represented by counsel and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing, the
Trial Examiner made several rulings on motions and on objections to
the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were coin-,
mitted. The rulings are hereby affirmed. At the close of the hearing,
Local No. 2 moved to dismiss the petition of A. C. A. and A. C. A;,
moved to dismiss the objections of Local No. 2 to its petition. Thel
Trial Examiner reserved ruling on both motions. For the reasons
set forth below, the motion of Local No. 2 is hereby granted and the
motion of A. C. A. denied.
2 13 N. L . It. B. 1209. This proceeding, prior to October 27, 1939, was consolidated with
Cases Nos . R-1139, R-1140, R-1141, and R-1142. In the Supplemental Decision, the
Board certified National Marine Engineers ' Beneficial Association as exclusive bargaining
representative of licensed engineers employed by the Company ' in Case No . R-1141, and
dismissed certain petitions for investigation and certification of representatives of the
Company's licensed deck officers filed by National Organization Masters, Mates , and Pilots
of America and by United Licensed Officers of U. S. A. In Cases Nos. R-1139, R-1140,
and R-1142 . The certification and dismissals in these cases are not affected by the
action of the Board in this proceeding , Case No. R-1143. On October 27, 1939, the Board
issued an order severing Cases Nos . R-1139, 11- 1140, R-1141, and R-1142 from Case No.
R-1143.
PENNSYLVANIA SHIPPING COMPANY 601
The record shows that the. petition for investigation and certifica-
tion of representatives was filed on behalf of Local No. 2 by its secre-
tary, Fred M. Howe. Subsequent to the Decision and Direction of;
Election in.this case, American Radio Telegraphists' Association, the
parent organization of Local No. 2, officially changed its name to
A. C. A. During the course, of events leading up to such change in
name, Local No. 2, under the leadership of Howe, became disaffected
from the parent organization. On the ballot subsequently used in
the election held among the Company's radio operators there appeared
merely the designation "American Radio Telegraphists' Association,"
without express reference to either Local No. 2 or A. C. A. "American
Radio Telegraphists' Association" received a majority of the votes
cast. Under the circumstances serious doubt exists as to whether the
employees voting intended to designate Local No. 2 as their bargaining
agent, or.intended to designate its parent organization entirely irre-
spective of affiliation of Local No. 2 to such parent organization. In
view of this, as well as the lapse of time since the election in this
proceeding, we are of the opinion that the petition for investigation
and certification of representatives filed by Local No. 2 should be
dismissed. Our order in this regard, however, shall not be construed
to preclude the immediate filing of a new petition or petitions by any
labor organization claiming to represent the employees here involved.
ORDER
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY ORDERED that the petition for investigation and certifi-
cation filed by American Radio Telegraphists' Association, Local No.
2, be, and it hereby is, dismissed without prejudice.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Second Supplemental Decision and Order.