Royal Netherlands Steamship Co.

In the Matter of ROYAL NETHERLANDS STEAMSrirp Co. and BROTHER- HOOD OF RAILWAY & STEAMSHIP CLERKS, FREIGHT HANDLERS,- EXPRESS & STATION EMPLOYEES, AFL ' Case No. R-3557.-Decided Febrvai y ,26, 19.1.0 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. L. Hamilton Garner, of New York City for the Board. Mr. A. V. Cherbonnier , of Kirlin , Campbell, Hiclcox, Keating cC McGrann, of New York City , for the Company. Mr. J. R. Abbott, of North Merrick, Long Island, New York; for the Union. Mr. Max E. Halpern, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On January 14, 1942, Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees, 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 con- cerning the representation of employees of Royal Netherlands Steam- ship Co., Brooklyn, New York, herein called the Company, engaged in the operation of vessels between various countries throughout the world, including the United States, employed by the Company at Pier 11, Brooklyn, New York, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 2, 1942, the Company, the Union and a representative of the Board entered into a "STIPULATION FOR CERTIFICATION UPON CON- SENT ELECTION." On February 4, 1942, 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 39 N. L. R. B, No. 47. 265 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board Rules and Regulations-Series 2, as amended, ordered an in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. Pursuant to the stipulation, an election by secret ballot was con- ducted on February 4, 1942, under the direction and supervision of the Regional Director among all employees of the Company em- ployed at Pier 11, Brooklyn, New York, exclusive of executives, superintendents, engineers, heads of departments and assistant heads of departments when their duties consist of supervision over others and when they exercise independent judgment in the performance of their work and when their recommendations are considered by the Company in connection with the hiring, discharging, and promotion of employees under them, who were on the Company's pay roll on January 23, 1942. On February 9, 1942, the Regional Director is- sued an Election Report, copies of which were duly served upon the parties. No objections to the conduct, of the ballot or to the Election Report have been filed by airy of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list_____________________________________ Total ballots cast------- -------- ----------------------------- Total ballots challenged _____________________________________ Total blank ballots ------------ ----------------------------- Total void ballots __________________-________________________ Total valid votes counted___________________________________ Votes cast for Brotherhood of Railway Steamship Clerks, 26 26 0 0 0 26 Freight Handlers, Express & Station Employees , A. F: L___ 23 Votes cast against aforementioned union____________________ 3 Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the'repre- sentation of employees of Royal Netherlands Steamship Co., Brook- lyn, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company employed at Pier 11, Brooklyn, New York, exclusive of executives, superintendents, engineers, heads of departments, and assistant heads of departments when their duties consist of supervision over others and when they exercise independ- ent judgment in the performance of their work and when their recommendations are considered by the Company in connection with the hiring, discharging, and promotion of employees under them constitute a unit appropriate for the purposes of collective bargaining ROYAL NETHERLANDS STEAMSHIP CO. 267 within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees, affiliated with the American Federa- tion of Labor, has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all the employees in the said unit within the meaning of _Section 9 (a.) of the 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 Relations Act, _ IT IS HEREBY CERTIFIED that Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees, affiliated with the American Federation of Labor, has been designated and selected by a 'majority of all the employees of Royal Netherlands Steamship Co., employed at Pier 11, Brooklyn, New York, exclusive of executives , superintendents , engineers , heads of departments, and assistant heads of departments when their duties consist of super- vision over others and when they exercise independent judgment in the performance of their work and when their recommendations are con- sidered by the Company in connection with the hiring , discharging, and promotion of employees under them , as their representative for the purposes of collective bargaining, and that pursuant to the pro- visions of Section 9 ( a) of the Act, Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees, 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. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Certification of Representatives.