The Pittsburgh Steamship Co.

National Labor Relations Board - Board Decisions

Aug 13, 1946

69 N.L.R.B. 1395 (N.L.R.B. 1946)

In the Matter of TIIE PITTSBURGH STEAMSHIP COMPANY and NATIONAL
MARITIME UNION OF AMERICA (CIO)
Case No. 8-C-1696--Decided August 13 ,1946
Mr. Louis S. Belkin. for the Board.
Duncan, Leckie, McCreary. AS'chlitz ct Hinslea , by Messrs. L. C.
Binslea and Lucian Y. Ray. of Cleveland. Ohio, for the Respondent.
Mr. William L. Standard, by Mr. Herm an Rosenfeld, of New York
City, for the Union.
Mr. Oscar Geitman, of counsel to the Board.
DECISION
AND
ORDER
On December 28, 1943, Trial Examiner Arthur Leff issued his Inter-
mediate Report in the above-entitled proceeding, finding that the re-
spondent had engaged in and was engaging in certain unfair labor
practices, and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the respondent filed
exceptions to the Intermediate Report and a supporting brief. On
June 27, 1946, the Board heard oral argument at Washington, D. C.,
in which the respondent and the Union participated.
The Board has reviewed the Trial Examiner's rulings made at the
hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
i iediate Report, the respondent's exceptions and brief, the contentions
advanced at the oral argument before the Board, and the entire record
in the case, and hereby adopts the findings, conclusions, and recom-
mendations of the Trial Examiner, with the corrections I and additions
noted below.
1. We agree with the Trial Examiner that the respondent, by the
numerous acts and statements, including the Ferbert letters, detailed
' In footnote 8 of the Intermediate Report, the Trial Examiner erroneously states that
MeGuiness admitted "that Lee had not in fact bothered him to join the Union." In fact,
'.tcGuiness testified that on occasions Lee had solicited him to join the Union but that he
had not reported this fact to his supervisor . The Intermediate Report is hereby corrected
in this request.
69 N. L. R. B., No. 181.
1395
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the Intermediate Report, engaged in a course of conduct violative
of the Act. While the Ferbert letters are not unlawful per se, we find,
like the Trial Examiner, that they constitute an integral and insepa-
rable part of the respondent's otherwise illegal course of conduct and
when so viewed they assume a coercive character which is not privileged
by the right of free speech.
2. We agree with the Trial Examiner that the respondent dis-
charged Howard Shartle because of his connection with and activities
on behalf of the Union, and not because Shartle was an incompetent
employee. In so agreeing, we rely oil all the reasons assigned by the
Trial Examiner and, in addition, the significant fact that First. Mate
Dobson, who discharged Shartle, also discharged John Vogel, Shartle's
successor as the Union's organizer on the ship, when Dobson learned
of Vogel's organizing activities. 2
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relation, Act, the National Labor Relations
Board hereby orders that the respondent, The Pittsburgh Steamship
Company, Cleveland, Ohio, and its officers, agents, successors, and
assigns shall :
1. Cease and desist from :
(a) Discouraging membership in National Maritime Union of
America (CIO), or any other labor organization of its employees, by
discharging, or refusing to reinstate any of its employees, or by dis-
criminating in any other manner in regard to their hire and tenure
of employment, or any term or condition of their employment.
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to form
labor organizations, to join or assist National Maritime Union of
America (CIO), or any other labor organization, to bargain col-
lectively through representatives of their own choosing, and to engage
in concerted activities, for the purpose of collective bargaining, or
other mutual aid or protection, as guaranteed in Section 7 of the
Act.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Offer to Howard Shartle immediate and full reinstatement to
his former or a substantially equivalent position, without prejudice to
his seniority and other rights and privileges, in the manner set forth
in the section of the Intermediate Report entitled, "The remedy":
3 Vogel's discharge was later rescinded due to the fact that the ship was about to sail
and there was insufficient time for Vogel to pack his clothes.
THE PITTSBURGH STEAMSHIP COMPANY 1397
(b) Make whole Howard Shartle for any loss of pay he may have
suffered by reason of the respondent's discrimination against him,
by payment to him of a sum of money equal to that which he normally
would have earned as wages from the date of his discharge to the
date of the respondent's offer of reinstatement, less his net earnings
during said period : '
(c) Post on each of its vessels operated on the Great Lakes, copies
of the notice attached to the Intermediate Report herein, marked
Appendix A.-' Copies of said notice, to be furnished by the Regional
Director for the Eighth Region, shall, after being duly signed by the
respondent's representative, be posted by the respondent immediately
upon the receipt thereof. and maintained by it for sixty (60) con-
secutive days thereafter, in conspicuous places on each of its vessels,
including all places where notices to employees are customarily posted.4
Reasonable steps shall be taken by the respondent to insure that said
notices are not altered. defaced, or covered by any other material,
(d) Notify the Regional Director for the Eighth Region in writing,
within tell (10) days from the date of this Order, what steps the re-
spondent has taken to comply herewith.
MR. GER