International Freighting Corp., et al.

In the Matter Of INTERNATIONAL FREIGHTING CORP., et al. (LYKEs BROTHERS STEAMSHIP COMPANY) INO.) and INTERNATIONAL SEAMEN'S UNION OF AMERIOA Case No. R-159 SUPPLEMENTAL DECISION AND ORDER August 5, 1938 On September 17, 1937, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled case. On November 10, 1937, the Board issued an Amendment to Decision and Direction of Elections.2 The Direction of Elections, as amended, directed that elections by secret ballot be conducted among the unlicensed seamen, except wireless and radio operators, chief electricians on electrically driven ships, and junior engineers who hold licenses, employed on all type of craft operated in or out of Atlantic and Gulf ports, except craft operated in harbors only, by several named companies, including Lykes Brothers Steam- ship Company, Inc., New Orleans, Louisiana. On March 22, 1938, Elinore Morehouse Herrick, the Regional Direc- tor for the Second Region (New York City), acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties an Intermediate Report on an election conducted among the employees of Lykes Brothers Ripley Steamship Company, Inc. pursuant to a Decision and Direction of Elections in Matter of Amer- ican France Line et al., issued by the Board on July 16, 1937.3 The Regional Director in her Intermediate Report stated that the seven vessels 4 formerly owned and operated by Lykes Brothers Steamship Company, Inc. had been transferred on or about June 1, 1937, to Lykes Brothers Ripley Steamship Company, Inc., and therefore had been balloted pursuant to the Direction of Elections of July 16, 1937. 13 N. L. R. B. 692. a 4 N. L. R. B. 111. 3 3 N. L. R. B. 64. 4 S. S. Margaret Lykes, Talltie Lykes, Stella Lykes, Elmira Lykes, Genevieve Lykes, Velma Lykes, and Ruth Lykes. 8 N. L. It. B., No. 98. 818 DECISIONS AND ORDERS 819 It further appears from the Intermediate Report that the findings made by the Regional Director were based upon a tabulation of all the ballots cast, including the ballots from the vessels theretofore operated by Lykes Brothers Steamship Company, Inc. Based upon the balloting and its results, the Board on April 13, 1938, certified National Maritime Union of America, affiliated with the Committee for Industrial Organization, as the exclusive representative of the unlicensed personnel, with certain named exceptions, employed on the vessels operated out of Atlantic and Gulf ports by Lykes Brothers Ripley Steamship Company, Inc., New Orleans, Louisiana.5 For the reasons set forth above, the petition for investigation and certification of employees of Lykes Brothers Steamship Company, Inc. will be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is ordered that the petition for investigation and certification of repre- sentatives of employees of Lykes Brothers Steamship Company, Inc., filed by International Seamen's Union of America, be, and it hereby is, dismissed. 6 ON. L R. B. 557. 117213-39-vol. 8-53