Seas Shipping Company, Inc.

National Labor Relations Board - Board Decisions

Dec 13, 1938

10 N.L.R.B. 625 (N.L.R.B. 1938)

In the Matter of SEAS SHIPPING COMPANY, INC. and COMMERCIAL
TELEGRAPHERS UNION, MARINE DIVISION-A. F. OF L.
Case No. R-1099.-Decided December 13, 1938
Water Transportation Industry-Investigation of Representatives : contro-
versy concerning representation of employees : employer 's refusal to bargain
collectively prior to certification of representatives-Unit Appropriate for
Collective Bargaining : licensed personnel ; community of interest ; craft ;
established labor organization in industry ; occupational differences-Repre-
sentatives : proof of choice : membership applications and records of dues pay-
ments-Certifleation of Representatives: upon proof of majority representation.
Mr. Richard J. Hickey, for the Board.
Mr. Frank V. Barns, of New York City, for the Company.
Mr. Charlton Ogburm, by Mr. C. C. Johnson, of New York City,
for C. T. U.
Mr. 11'illiam Logan Donnel, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CA SE
On August 20, 1938, Commercial Telegraphers Union, Marine
Division, affiliated with the American Federation of Labor, herein
called the Union, filed with the Regional Director for the Second
Region (New York City) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Seas Shipping Company, Inc.,' herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On September 22, 1938, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the, Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
Ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
'Incorrectly designated "Seas Shipping Co., Inc.," in the petition and notice of hearing.
The name of the Company was corrected at the healing upon motion.
10 N. L. R. B., No. 47.
625
626 NATIONAL LABOR RELATIONS BOARD
On October 7, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Union. and American Communications Association, a labor organiza-
tion claiming to represent employees directly affected by the in-
vestigation. Pursuant to the notice, a hearing was held on October
24, 1938, at New York City, before Wright Clark, the Trial Ex-
aminer duly designated by ;the Board. The Board, the Company,
and the Union were represented by counsel and participated in the
hearing. The American Communications Association did not appear
at 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 objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
Seas Shipping Company, Inc., is a New York corporation engaged
in the business of operating four vessels plying between the United
States and Africa. The vessels are used principally for the trans-
portation of freight. They carry occasional passengers. New York
City is the home port of the vessels. They also receive and dis-
charge cargo at the ports of Philadelphia, Pennsylvania, and Balti-
more, Maryland, in the United States. In Africa the vessels call
at ports from Cape Town to Beira in South Africa and along the
east coast of Africa to Mombasa. At these several ports other
than the home port of New York City, the business of the Company
is conducted through regular steamship agents. A monthly service
is 'maintained, under the designation "Robin Lines," derived from
the characteristic names of the Company's four vessels (Robin Hood,
Robin Adair, Robin Goodfellow, and Robin Gray).
A radio operator, required by law to be licensed, is employed on
each of the four vessels operated by the Company.
We find that the Company is engaged in trade, traffic, transporta-
tion, and commerce among the several States and between the United
States and foreign countries,' and that the radio operators employed
2 See Matter of Seas Shipping Company and National Marine Engineers ' Beneficial Asso-
c,atron , Local No. 33, 2 N L. R. B 398 ; Matter of American France Line , Seas Shipping
Company, Inc ., et at and Inteinational Seamen's Union of America , 3 N L R B 64;
Matter of Seas Sh.pping Company , Inc. and National Marine Engineers' Beneficial Asso-
ciation, 4 N L R I3 757 ; Matter of American France Line, et at (Seas Shipping Com-
pany, Inc ) and Intel national 'Seamen's Union of America , 6 N. L. R B 559 , Matter of
DECISIONS AND ORDERS 627
by the Company are directly engaged in such trade, traffic, transpor-
tation, and commerce.
H. THE ORGANIZATION INVOLVED
Commercial Telegraphers Union, Marine Division, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership all radio telegraphers employed by the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
Although requested to do so by the Union, the Company is un-
willing to bargain collectively with the Union as the representative
of the radio telegraphers until after a determination by this Board
that the Union is their exclusive bargaining representative.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate and substantial
relation to trade, traffic, transportation, and commerce among the
several States and with foreign countries, and tends to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE APPROPRIATE UNIT
In its petition the Union claimed that all radio telegraphers em-
ployed by the Company constitute a unit appropriate for the purposes
of collective bargaining. The Company agrees that such a unit is
appropriate. - The evidence shows that the radio telegraphers em-
ployed by the Company differ from other employees in regard to
type of work, wages and hours, rank, and other matters.
We find that all radio telegraphers employed by the Company
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.3
Seas Shipping Company, Inc and National Marine Engineers' Beneficial Associat'on, 6
N. L R. B 828; Matter of American Fiance Line, et at and International Seamen's Union
of America, 7 N. L R. B 439; Matter of Seas Shipping Company and National Organiza-
tion of Masters, Mates it Pilots of America. 7 N L R B 873, 8 N L R B 422
Matter of Clyde-Mallory Lines and Commercial Telegraphers Union, Martine Division,
5 N L. R B. 503.
628 NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
Applications for membership in the Union, records of payments of
-dues -up to and including December 31, 1938, and oral testimony by
the agent of the Union establish that three -of the four radio teleg-
raphers have designated the Union as their representative for the
purposes of collective bargaining.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining, and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Seas Shipping Company, Inc., New York-
,City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. The radio telegraphers employed by the Company constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. Commercial Telegraphers Union, Marine Division, is the ex-
clusive representative of all the employees in such unit for the pur-
poses of collective bargaining, within the meaning of Section 9 (a)
of the National Labor Relations Act.
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 Re-
lations Act, and pursuant to Article III, Section 8, of. National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Commercial Telegraphers Union,
Marine Division, has been selected by a majority of the radio teleg-
raphers employed by Seas Shipping Company, Inc., New York City,
as their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Com-
mercial Telegraphers Union, Marine Division, is the exclusive bar-
gaining representative of all such employees for the purposes- of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.