Midland Steamship Line, Inc.

In the Matter Of MIDLAND STEAMSHIP LINE, INC., EMPLOYER and SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA, GREAT LAKES DISTRICT (AFL), PETITIONER Case No. 8-R-2261.-Decided September 4, 1946 Messrs. Leckie, McCreary, Schlitz c€c Hinslea, by Mr. Ross E. Morti- mer, of Cleveland, Ohio, for the Employer. Mr. Stanley Wares, of Cleveland, Ohio, and Mr. Fred Farnen, of Detroit, Mich., for the Petitioner. Mr. Meyer A. Cook, of Cleveland, Ohio, for the Intervenor, Lake Sailors Union. Mr. Nathan E. Davis, of Cleveland, Ohio, for the Intervenor, Na- tional Maritime Union of America (CIO). Miss Kate Wallach, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cleveland Ohio, on July 18, 1946, before John A. Hull, Jr., Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: ° FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Midland Steamship Line, Inc., is a Delaware corporation having its principal office and place of business in Cleveland, Ohio. It is engaged in the operation of bulk freight vessels on the Great Lakes, and annually carries a substantial amount of bulk freight, such as coal, ore and grain to various ports on the Great Lakes. At the time of the hearing the Employer was operating seven vessels. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 70 N. L. R. B., No. 94. 1124 MIDLAND STEAMSHIP LINE, INC. II. THE ORGANIZATIONS INVOLVED 1125 The Petitioner is a labor organization affiliated with American Federation of Labor, claiming to represent employees of the Employer. National Maritime Union of America (CIO), herein called NMU, is a labor organization affiliated with the Congress of Industrial Or- ganizations, claiming to represent employees of the Employer. Lake Sailors Union, herein called the Lake Sailors, is a labor or- ganization, claiming to represent employees of the Employer.' III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree and we find that all unlicensed personnel on the seven vessels operated by the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act .2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Midland Steamship Line, Inc., Cleveland, Ohio, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of National Labor Relations Board Rules and Regu- lations-Series 3, as amended, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay- I At the hearing, the Trial Examiner granted the Lake Sailors' motion to intervene, with- out objection by any of the parties . Thereafter Petitioner expressed a doubt as to whether the Lake Sailors had a sufficient showing of interest to warrant its participation in the proceeding Inasmuch as we are administratively advised that the Lake Sailors has made an adequate showing for purposes of intervention , we shall accord it a place on the ballot in the election hereinafter directed . Hatter of 0. D. Jennings it Company, 68 N. L. It. B. 516. S The scope of the unit has been limited in accordance with the, agreement of the parties to the unlicensed personnel on those ships of the Employer in operation at the time of the hearing 1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Seafarers' International Union of North America, Great Lakes District (AFL), or by National Maritime Union of America (CIO), or by Lake Sailors Union, for the purposes of collec- tive bargaining, or by none of these organizations. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election. I