American-Hawaiian Steamship Co.

In the Matter of AMERICAN-HAWAIIAN STEAiVISHIP COMPANY and GATEMEN, WATCHMEN AND MISCELLANEOUS WATERFRONT WORKERS UNION, LOCAL 38-124; INTERNATIONAL LONGSHOREMEN'S ASSOCIA- TION Case No. 1R-46 CERTIFICATION OF REPRESENTATIVES December 11, 1936 On April 1, 1936, Gatemen, Watchmen and Miscellaneous Water- front Workers Union, Local 38-124; International Longshoremen's Association, , hereinafter referred to as the Union, filed a petition with the Regional Director for the Twentieth Region alleging that a question affecting commerce had arisen concerning certain classes of employees employed, by the American-Hawaiian Steamship Com- pany, San Francisco, California, and requesting an investigation and certification of representatives pursuant to Section 9 ' (c) of the Na- tional Labor Relations Act, 49 Stat. 449; hereinafter referred to as the Act. This petition was one of 20 petitions filed at the same time by the Union concerning the representation of similar classes of em- ployees employed by various other companies in the same locality.? On May 22, 1936, the National Labor Relations Board, hereinafter referred to as the Board, authorized the Regional Director for the Twentieth Region to conduct investigations and to provide for an appropriate hearing on the 20 petitions so filed. In accordance with a notice of hearing, and an amended notice of hearing duly issued and served by the Regional Director, a hearing was held in San Fran- cisco, California on July 15, 1936, and continued on July 16 and 17. On August 31, 1936, the Board issued a Decision and Direction of Election 2 in which it ordered elections to be held in 18 of the com- panies, including the American-Hawaiian Steamship Company, among the employees in a unit consisting of watchmen, baggagemen and porters, storemen, gearmen', linemen, sliders, janitors and sweep- ers, inventory clerks, dock and ship oil pumpers and handymen, em- 1 See In the Matter of Luckenback Steamship Company, Inc . et al. and Gatemen, Watch- men and Miscellaneous Waterfront Workers Union, Locals 38-124; International Longshore- men's Association, Cases No. R-41 to R-60, inclusive , decided August 31, 1936 (supra, p 181). Ibid. 5727-37-vol. II-14 195 196 NATIONAL LABOR RELATIONS BOARD ployed by each of the companies. Pursuant to the Direction of Election, election by secret ballot were conducted by the Regional Director for the Twentieth Region on September 25, 1936. On October 30, 1936, the Board issued a decision as to 17 of the companies.3 This decision stated : "The payroll submitted by the American-Hawaiian Steamship Company indicated that 55 persons regularly employed by this Company were eligible to vote. Nineteen of these employees cast ballots. Seventeen ballots were cast for the Union and two were cast against the Union. On October 19, 1936 Woodley B. Fitch, president of the Union, requested that the Board take no action `until the Union has time to investigate certain circum- stances surrounding the Election'. For this reason the Board will take no action at this time on the petition relating to the employees of this Company."-4 - On December 2, 1936, the Union, through Woodley B. Fitch, re- quested the Board to dispose of this case. The 17 employees who voted for the Union constitute a majority of those who participated in the election held. among the employees of the American-Hawaiian Steamship Company. On the precedent established and for the reasons stated in In the Hatter of R. C. A. Manufacturing Company, Inc. and United Electrical cC Radio Work- ers of. America, Case No. R-39, decided November 7, 1936 (supra, p. 168), we hold that since a majority of those who voted chose the Union .to represent them, the Union is, by virtue of Section 9 (a) of the Act, the. exclusive representative of all the employees in the unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment. NOW THEREFORE, 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 and pursuant to Article III, Section 8 of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, - IT IS HEREBY CERTIFIED that Gatemen, Watchmen and Miscellaneous Waterfront Workers. Union, Local 38-124; International Longshore- men's Association has been selected by a majority of the watchmen, baggagemen and porters, storemen, gearmen, linemen, sliders, jan- ttors and sweepers, inventory clerks, dock and ship oil pumpers and handymen, employed by the American-Hawaiian Steamship Com- pany, as their representative for the purposes of collective bargain- 3 Supm n, p 192 aid. p 19 DECISIONS AND ORDERS 197 ing and that pursuant to Section 9 (a) of the National Labor Rela- tions Act, Gatemen, Watchmen and Miscellaneous Waterfront Work- ers Union, Local 38-124; International Longshoremen's Association is the exclusive representative of such employees of the American- Hawaiian Steamship Company, for the purposes of collective bar- gaining in respect to rates of pay, wages, hours of employment and other conditions of employment.