Isthmian Steamship Co.

In the Matter Of ISTHMIAN STEAMSHIP COMPANY and NATIONAL ORGANIZATION MASTERS, MATES AND PILOTS OF AMERICA, A. F. OF L. Case No. R-8587.-Decided March 10, 1942 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. David Schatzow, for the Board. Kirlin, Campbell, Hickox, Keating & McGrann, by Mr. A. V. Cherbonnier, of New York City, for the Company. Mr. H. Martin, of New York City, for the Union. Miss Melvern Krelow, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES On May 7, 1941,' National Organization Masters, Mates and Pilots of America, A. F. of L., 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 repre- sentation of employees of Isthmian Steamship Company, New York City, herein called the Company, engaged in interstate and foreign shipping, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 5,.1941, the Com- pany, the Union, and the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." On June 11, 1941, 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing on due notice. Pursuant to the Stipulation, an election by secret ballot was com- menced on June 24, ,1941, and completed on Febuary 4, 1942, among all licensed deck officers excluding masters employed on vessels owned and operated by the Company, to determine whether or not said employees desire to be represented by the Union. On February 17, 1942, the Regional Director issued and duly served upon the parties her Election Report on the ballot. 39 N. L. R. B.. No. 122. 654 ISTHMIAN STEAMSHIP COMPANY 655 No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In her Election Report the Regional Director reported as follows concerning the balloting and its results: I _ Total on eligibility list______________________ ---------------------- ------ -------- 97 Total ballots cast_________________________________________ 85' Total ballots challenged___________________________________ 1 Total blank ballots___________________________________ None Total void ballots______________________________________ None Total valid votes counted__________________________________ 84 Votes cast for National Organization Masters, Mates and Pilots of America, A. F. of L____________________________ 70 Votes cast against aforementioned union_______ ______________ 14 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 Isthmian Steamship Company, New York City, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All licensed deck officers excluding masters employed on vessels owned and operated 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. National Organization Masters, Mates and Pilots of America, A. F. of L., 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 employees in said unit, 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 Relations Act, IT IS HEREBY CERTIFIED that National Organization Masters, Mates and Pilots of America, A. F. of L., has been designated and selected by a majority of all licensed deck officers excluding masters employed on vessels owned and operated by Isthmian Steamship Company, New York City, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the-Act, National Organization Masters, Mates and Pilots of America, A. F. of L., 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. 448105-42-vol. 39-43