Grace Line, Inc.

In the Matter of GRACE LINE, INC., EMPLOYER and AMERICAN MER- CHANT MARINE STAFF OFFICERS' ASSOCIATION AFFILIATED WITH THR A. F. OF L., PETITIONER In the Matter of GRACE LINE, INC., EMPLOYER a91d AMERICAN MER- CHANT MARINE STAFF OFFICERS' ASSOCIATION, INC., PETITIONER Cases Nos. 2-R-7389 and 20-R-1132, respectively SUPPLEMENTAL DECISION ORDER AND CERTIFICATION OF REPRESENTATIVES February 25, 1918 A mail election has been conducted in the above-entitled matter pursuant to the Direction of the National Labor Relations Board 1 and in accordance with the Rules and Regulations of the Board. Upon the conclusion of the election, Tallies of Ballots were furnished the parties. These Tallies show that in the pursers' unit there were approximately 92 eligible voters of whom 37 voted for the Petitioner, 2 voted against the Petitioner, and 15 voted challenged ballots. In the Board's Decision and Direction of Elections, "chief or super- visory" pursers were included in the pursers' unit. Before the ballots were opened and counted, the Employer challenged the ballots of the chief or supervisory pursers, and contended that such pursers must be excluded in accordance with the Act, as amended. The 15 challenged ballots were voted by such chief or supervisory pursers and 7 others did not vote. Thereafter the Employer filed a Motion Re Exclusion From Unit urging that such chief or supervisory pursers be excluded from the unit. The Petitioner opposes such exclusion. The Tally of Ballots shows that in the surgeons' unit there were approximately 11 eligible voters, of whom 2 voted against the Peti- tioner and none voted for it. The Petitioner has requested that its 1 74 N L It B 174. as amended on September 4 and November 17, 1947. 76 N. L. R B . No. 50. 361 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD petitions be dismissed without prejudice with respect to the surgeons' unit. Upon the entire record in the case, the Board' makes the following : SUPPLEMENTAL FINDINGS OF FACT The chief or supervisory pursers previously included in the pursers' unit must now be excluded in accordance with the Act, as amended.' Inasmuch as the Union's majority status, as established by the election, will not be affected by this exclusion, we shall amend the unit by eliminating therefrom the chief or supervisory pursers. We find that all pursers.and assistant pursers employed on vessels owned and operated by the Employer, excluding chief or supervisory pursers, and excluding employees on all vessels operated by the Employer as general agent for the United States Maritime Commis- sion, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. The Petitioner has failed to secure a majority of the valid votes cast in the surgeons' unit, as appears from the election results set forth above. We shall, therefore, dismiss the petitions herein insofar as they relate to the unit composed of sliips' surgeons. ORDER The National Labor Relations Board hereby orders that the peti- tions for investigation and certification of representatives filed by the Petitioner herein in cases numbered 2-R-7389 and 20-R-1132, be, and they hereby are, dismissed, insofar' as they relate to the establishment of a unit composed of ships' surgeons. CERTIFICATION OF REPRESENTATIVES IT Is I umEBY CERTIFiED that American Merchant Marine Staff Officers' Association affiliated with the A. F. of L., has been designated and selected by a majority of the employees of Grace Line, Inc., in the unit hereinabove found appropriate, as their representative for the purposes of collective bargaining, and that, pursuant to section 9 (a) of the Act, as amended, the said organization is the exclusive repre- sentative of all the employees in such unit for the purposes of collec- tive bargaining with respect to rates of pay, wages, hours of employ- ment, and other conditions of employment. Pursuant to the piovi,ions of Section 't (b) of the National Laboi Relations Act thr Roaid had detcgated 1',, povv(IS In conuecthou NNIth this casa to a iIII ee-man panel con.N.ting of the undersigned Poaid lli'mbeis [Houston, Murdock, and Gi,n I 3]Iattcr of Baker ]Ianafacturinq Co, 75 N L It 73 1012 ltattei of Icnsnall and Bh uce Conipas S. 75 N I, It It Si)