Tide Water Associated Oil Co.

National Labor Relations Board - Board Decisions

Mar 24, 1942

39 N.L.R.B. 1086 (N.L.R.B. 1942)

In the Matter of TIDE WATER AssoCIATED OIL COMPANY and ASSOCIATED
LICENSED OFFICERS ASSN.
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SEAFARERS
INTERNATIONAL UNION OF NORTH AMERICA-PACIFIC DISTRICT,
ENGINE DEPARTMENT
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SEAFARERS
INTERNATIONAL UNION OF . NORTH AMERICA-PACIFIC DISTRICT,
STEWARDS' DEPARTMENT
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and SAILORS'
UNION OF THE PACIFIC
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and NATIONAL
MARINE ENGINEERS' BENEFICIAL ASSOCIATION
In the Matter of TIDE WATER ASSOCIATED OIL COMPANY and NATIONAL
MARITIME UNION OF AMERICA
Cases Nos. R-3313 to R-3318, Inclusive , Respectively.
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 24, 1942
On January 27, 1942, the National Labor Relations Board issued a
Decision and Direction of Election 1 and on February 2, 1942, an
Amendment to Decision, and Direction of Elections 2 in the above-en-
titled proceedings. Pursuant to the Direction of Elections, as
amended, elections by secret ballot were conducted between January 31,
1942, and February 27, 1942, under the direction and supervision of the
Regional Director for the Twentieth Region (San Francisco, Cali-
fornia). On February 28, 1942, the Regional Director acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties an Election Report. No objections to the conduct of the ballot
or to the Election Report have been filed by any of the parties.
1 38 N L R B 582.
2 38 N L. R. B 600.
39 N..L. R. B., No. 205.
1086
TIDE WATER ASSOCIATED OIL COMPANY 1087
As to the balloting and its results, the Regional Director reported as
follows : -
Group (a.) Licensed Deck Officers on Tankers
Total number eligible to vote ----------------------- ---------- 26
Number of votes for Associated Licensed Officers Association_-__ 13
Number of votes for National Organization, Masters, Mates &
Pilots of America, West Coast Local No 90, A. F. L----------- 10
Number of votes for neither---------------------------------- 2
Total number of votes counted-------------------------------- 25
There were no blank, void or challenged ballots.
Group (b) Licensed Engineers on Tankers
Total number eligible to vote--------------------------------- 25
Number of votes for Associated Licensed Officers Association-_-- 8
Number of votes for National Marine Engineers' Beneficial Asso-
ciation, C. I. 0-------------------------------------------- 13
Number of votes for neither--------------------------------- 1
Total number of votes counted-------------------------------- 22
There were no blank, void or challenged ballots.
Group (c) Licensed Radio Operators on Tankers
Total number eligible to vote ------------ _ ------------------ 5
Number of votes for Associated Licensed Officers Association___ 0
Number of votes for Marine Division, Commercial Telegraphers
Union, A. F. L.------------------------------------------- 0
Number of votes for American Communications Association,
Marine Division, C. I. 0----------------------------------- 4
Number of votes for none----------------------------------- 1
Total number of votes counted------------------------------- 5
There were no blank, void or challenged ballots.
Group(d) Licensed Engineers on Bay Vessels
Total number eligible to vote--------------------------------- 12
Number of votes for National Marine Engineers ' Beneficial
Association, C. I. 0--------------------------------------- 12
Number of votes against National Marine Engineers' Beneficial
Association, C. I. 0--------------------------------------- 0
Total number of votes counted------------------------------- 12
There were no blank, void or challenged ballots.
Group (e) Unlicensed employees of Engine Dept. on T&nkers
Total number eligible to vote------------------------------- 51
Number of votes for Seafarers International Union of North
America, Pacific District, Engine Dept., A. F. L-------------- 31
Number of votes against Seafarers International Union of North
America, Pacific District, Engine Dept., A. F. L-------------- 10
Total number of votes counted------------------------------ 41
There were no blank, void or challenged ballots: -
449105-42-vol 39-70
1088 , DECISIONS OF NATIONAL,LABOR RELATIONS BOARD
Group (f) Unlicensed employees of Stewards Dept. on Tankers
Total number eligible to vote________________________________ 32
Number of votes for Seafarers International Union of North
America, Pacific District, Stewards' Dept.,'A. F. L___________ 23
Number of votes against Seafarers International Union of North
America, Pacific District, Stewards' Dept., A. F. L_______------------ 5
Total number of votes counted______________________________ 28
There were no blank, void or challenged ballots.
Group (g) Unlicensed employees of Deck Dept. on Bay Vessels
Total number eligible to vote -------------------------------- 17
Number of votes for Sailors' Union of the Pacific, affiliated with
S. I. U. of North America, A. F. L------------------ ------- 13
Number of votes' for Inland Boatmen's Union of the Pacific,
San Francisco Division, C. I. 0.____________________________ 4
Votes cast for neither_______________________________________ 0
Total number of votes counted_______________________________ 17
There were no blank, void or challenged ballots.
A
Group (h) Unlicensed employees in Engine Dept. on Bay Vessels
Number eligible to vote --------------- --------- ------------- 6
Number of votes for Seafarers International Union of North
America, Pacific District, Engine Dept., A. F. L______________ 6
Number of votes for Inland Boatmen's Union of the Pacific, San
Francisco Division, C. I. O._________________________________ 0
Number of votes for neither_________________________________ 0
Total number of votes counted______________________________ 6
There were no blank, void or challenged ballots.
Group (i) Unlicensed employees in Stewards Dept. on Bay Vessels
Number eligible to vote____________________________________ 5
Number of votes for Seafarers International Union of North
America, Pacific District , Stewards ' Dept. A. F. L__________ 5
Number of votes for Inland Boatmen 's Union of the Pacific, San
Francisco Division , C. I. O_________________________________ _0.
Number of votes for neither_________________________________ 0
Total number of votes counted _____________________________ 5
There were no blank , void or challenged ballots. -
In the Decision and Direction of Elections referred to above, the
Board made no final determination as to the appropriate unit or units
in respect to the unlicensed employees in the engine and stewards' de-
partments on the oceangoing tankers , and in respect to the unlicensed
employees in the deck , engine, and stewards ' departments on the bay
vessels operating in San Francisco Bay, but stated that such determina-
tion would depend upon the results of each of such elections.
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that all unlicensed employees of the Company in each of
the following categories constitute a unit appropriate for the purposes
TIDE WATER ASSOCIATED OIL COMPANY 1089
of collective bargaining, and that said unit, will insure to such em-
ployees of the Company the full benefit to their right to self-organ-
ization and to collective bargaining and otherwise will effectuate the
policies of the Act : -
(1) the engine department on oceangoing tankers of the Company
operating, out of Pacific Coast ports ;
(2) the stewards' department on oceangoing tankers of the Company
operating out of Pacific Coast ports;
(3) the deck department on the by vessels of the, Company operat-
ing in San Francisco Bay;
(4) the engine department on the bay vessels of the Company operat-
ing in San Francisco Bay; and
(5) the stewards' department on' the bay vessels of the Company
operating in San Francisco 'Bay. '
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
All unlicensed employees of the Company in each of the following
.categories constitute a unit appropriate for the purposes of collective
,bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act :
(1) the engine department on its 'oceangoing tankers operating out
of Pacific Coast ports; -
(2) the stewards' department on oceangoing tankers operating out
of Pacific Coast ports;
(3) the deck department on bay vessels operating in San Francisco
-Bay; •
(4) the engine department on bay vessels, operating in San Fran-
cisco Bay; and
(5) the stewards' department on bay vessels operating in San Fran-
cisco Bay.
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 Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Associated Licensed Officers Association
has been designated and selected by a majority of all licensed deck
officers including masters and mates employed by Tide Water Associ-
-ated Oil Company, San Francisco, California, on its oceangoing tank-
ers operating out of Pacific Coast ports, as their representative for the
purposes of collective bargaining, and that, pursuant to'Section 9 (a)
1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the National Labor Relations Act, Associated Licensed Officers
Association, is' the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hour of employment, and other conditions of employment; and
IT IS HEREBY FURTHER CERTIFIED that National Marine Engineers'
Beneficial Association, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority of all
licensed engineers employed by Tide Water Associated Oil Company,
San Francisco, California, on its oceangoing tankers operating out of
Pacific Coast ports, as their representative for the purposes of collec-
tive bargaining, and pursuant to Section 9 (a) of the National Labor
Relations Act, National Marine Engineers' Beneficial Association, af-
filiated with the Congress of Industrial Organizations, is the exclusive
representative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment; and
IT Is HEREBY FURTHER CERTIFIED that American Communications As-
sociation, Marine Division, affiliated with the Congress of ,Industrial
Organizations, has been designated and selected by a majority of all
licensed radio operators employed by Tide Water Associated Oil Com-
pany, San Francisco, California, on its oceangoing tankers operating
'out of Pacific Coast ports, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Na-
tional Labor Relations Act, National Marine Engineers' Beneficial
Association, affiliated with the Congress of Industrial Organizations,
is the exclusive representative of all. such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment; and
IT IS HEREBY FURTHER CERTIFIED that National Marine Engineers'
Beneficial Association, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority of all
licensed engineers employed by Tide Water Associated Oil Company,
San Francisco, California, on its bay vessels operating in San Fran-
cisco Bay, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the National Labor
Relations Act, National Marine Engineers' Beneficial Association,
affiliated with the Congress of Industrial Organizations, is the exclu-
sive 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; and
IT IS HEREBY FURTHER CERTIFIED that Seafarers International Union
of North America-Pacific District, Engine Department, affiliated
with the American Federation of Labor, has been designated and se-
lected by a majority of'all unlicensed employees in the engine depart-
ment on the oceangoing tankers of Tide Water Associated Oil Com-
TIDE WATER ASSOCIATED OIL COMPANY • 1091
pany, San Francisco, California, operating out of Pacific Coast ports,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
Seafarers International Union of North America-Pacific District,
Engine Department, affiliated with the American Federation of Labor,
is the exclusive 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; and
IT IS HEREBY FURTHER CERTIFIED that Seafarers International Union
of North America-Pacific District,, Stewards' Department, affiliated
with the American Federation of Labor, has been designated and se-
lected by a majority of all unlicensed employees in the stewards'
department on the oceangoing tankers of Tide Water Associated Oil
Company, San Francisco, California, operating out of Pacific Coast
ports, as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the National Labor Relations
Act, Seafarers International Union of North America-Pacific Dis-
trict, Stewards' Department, affiliated with the American Federation
of Labor, is the exclusive 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;-and
IT IS HEREBY FURTHER CERTIFIED that Sailors' Union of the Pacific.
affiliated with the Seafarers International Union of North America,
A. F. L., has been designated and selected by a majority of all unli-
censed employees in the deck department on the bay vessels of Tide
Water Associated Oil Company, San Francisco, California, operating
in San Francisco Bay, as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the National
Labor Relations Act, Sailors' Union of the Pacific, affiliated with the
Seafarers International Union of North America, A. F. L., 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; and
IT IS HEREBY FURTHER CERTIFIED that Seafarers International Union
of North America-Pacific District,, Engine Department, affiliated
with the American Federation of Labor, has been designated ' and
selected by a majority of all unlicensed employees in the engine depart-
ment on the bay vessels of Tide Water Associated Oil Company, San
Francisco , California, operating in San Francisco Bay, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the National Labor Relations Act, Seafarers In-
ternational Union of North America-Pacific District, Engine De-
partment, affiliated with the American Federation of Labor, is the
exclusive representative of all such employees for the purposes of
1092 DECISIONS OF) NATIONAL LABOR RELATIONS BOARD
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT IS HEREBY FURTHER CERTIFIED that Seafarers International Union
of North America' Pacific District, Stewards' Department, affiliated
with the American Federation of Labor, has been designated and
selected by a majority- of all unlicensed employees in the stewards'
department on the bay vessels of Tide Water Associated Oil Company,
San Francisco, California, operating in San Francisco 'Bay, as their
representative for the purposes of collective bargaining, and -that,
pursuant to Section 9 (a) of the National Labor Relations Act, Sea-
farers International Union of North America-Pacific District, Stew-
ards' Department, affiliated with the American Federation of Labor,
is the exclusive 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. ,