New York & Cuba Mail Steamship Co.

In the Matter of NEW YORK & CUBA MAIL STEAMSHIP COMPANY and NATIONAL ORGANIZATION MASTERS, MATES AND PILOTS OF AMERICA Case No. R-1003.-Decided October 5, 1938 Water Transportation Industry-Investigation of Representatives: contro versy concerning Lepresentation of employees: rival organizations; refusal by employer to recognize petitioning union as exclusive representative of employ- ees because of previous certification by Board of rival union-Unit Appropriate for Collective Bargaining: licensed deck officers, including the masters, of all the vessels operated4hy the Company; prior decision of Board--Representatives: proof of choice: union membership cards-Certification of Representatives, upon proof of majority representation; unit not petitioned for certified by Board. Mr. Will Maslow , for the Board. Burlingham , feeder, Clarke <C Hupper, by MhMr. Burton H. White, of New York City, for the Company. Mr. F. T. Pinehin, of New York City, for the M. M. P. Mr. Harry &rown.ctein, of counsel to the Board. - DECISION AND . CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On Julie 18, 1938, National Organization Masters, Mates, and Pilots of America. herein called M. M. P., filed with the Regional Director for the Second Region (New York City) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of the New York and Cuba Mail Steam- ship Company, New York City, herein called the Comliapy, and requesting an investigation and certification of representatives pur suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 8, 1938, 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 Rela- tions Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Region al Director to conduct it and to provide for an appropriate hearing upon due.notice. 9 N. L. R. B., No. 11. 51 134068-39-vol IC-5 52 NATIONAL LABOR RELATIONS BOARD On August 13, 1938, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, upon M. M. P., and upon the United Licensed Officers of the United States of America, herein called U. L. 0., a labor organization claim- ing to represent employees directly affected by such investigation. Pursuant to the notice, a hearing was held on August 29, 1938, at New York City, before William Seagle, the Trial Examiner duly designated by the Board. The Board, the Company, and M. M. P. participated in the hearing, the first two being represented by coun- sel and the latter by its national trustee. U. L. O. did not appear. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing upon the issues was afforded to all parties. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY New' York and Cuba Mail Steamship Company, a Maine corpora- tion having its principal office and place of business in New York City, is engaged in' the operation of vessels for the transportation of freight and passengers for hire from New York to Cuba and Mexico and return. The Company, at present; operates -eight vessels, five carrying freight and passengers, and three carrying freight exclu- sively. The vessels operated by 'the Company carry between 32 and 37 deck officers, including masters. We find that the Company is engaged in trade, traffic, commerce, and transportation between the United States and foreign countries and that the licensed deck officers employed on the vessels are di- rectly engaged in such trade, traffic, commerce, and transportation. II. THE ORGANIZATION-INVOLVED M. M. P. is a labor organization limited in membership to licensed deck officers, and admits to membership such officers in the employ of the Company, including masters as well as other licensed deck officers. ' In. THE QUESTION CONCERNING REPRESENTATION In June 1938, M. M. P. requested recognition as the exclusive rep- resentative of the licensed deck officers employed by the Company on its vessels. The Company, in response to this request, stated that U. L. O. had been previously certified,, and that the Company would batter of New York and Cuba Maid Steamshcp Company and United Licensed Office's of the United States of America, 2 N. L. R B 595 DECISIONS AND ORDERS 53 not, therefore, bargain with M. M. P. Since this certification was issued on August 14, '1937, it no longer' offers any bar to a new choice of representatives. We find that a question has arisen concerning the representation of licensed deck officers of the Company, and'that this question tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. IV. THE APPROPRIATE UNIT Both the Company and M. M. P: agreed that the licensed deck officers constitute an appropriate unit for collective bargaining. This unit has found support in previous decisions of the Board.2 At the hearing, the Company and M. M. P. contended that the masters of the vessels should be excluded from the unit appropriate for collective bargaining. In a recent Decision in another case we considered the same question and decided against the exclusion of the masters from 'a bargaining unit of licensed deck personnel.3 The reasons for the Board's -decision in that case are equally applicable ,r- here, and,, accordingly, the masters will be included in the unit. We find that all the licensed deck officers employed on the Com- pany's vessels constitute a 'unit appropriate for the purposes of col- lective bargaining in respect to rates of pay, wages, hours of employ- ment. and other conditions of eniployrnent, and that said unit will insure to employees of the Company the' full benefit of the right to >>self-orgauization-and to collective bargaining and otherwise effectuate the policies of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Company employs a master, chief officer, second officer, third Officer, and sometimes a junior third officer, all licensed deck officers, on, each of its vessels. On June 17, 1938, the day before the petition y-as filed herein, the Company employed 37 licensed deck officers, incliuling plasters, and on August 23, 1938, less than a week before the' hearing, the Company, employed 32 licensed deck, officers, in- cluding masters. M. M. P. introduced and proved the authenticity of membership cards for 23 of the licensed deck officers employed by the Company on June 17, 1938, and August 23, 1938. These membership cards were not questioned or controverted in any way and showed that ,most, of the employees represented by M. M. P. within the `ap- propriate unit did not become members of that organization until a Matter of Black Diamond Steamship Corporation and Marine Engineers Beneficial Asso- c ation, Local No. 33, 2 N L R. B. 241; Matter of Grace Line, Inc, and Panama Mail Steamship Company and National Marine Engineers' Beneficial -Assn., Local No. 33, 2 N. L. R B. 369. - 8 Matter of Standard Oil Company of New Jersey and United Licensed Officers of the U S A,etal.8N L R B 936 54 NATIONAL LABOR RELATIONS BOARD some time after the election which formed the basis for the previous certification of U. L. O. as the bargaining representative of the li- censed deck officers.4 We find that M. M. P. has been designated and selected by a major- i ty of the employees in the appropriate unit as' their representative for the purposes of collective bargaining. It is, therefore, the exclu- sive representative of all the employees in such unit for the, purposes of collective bargaining and we will so certify. Upon the basis of the foregoing findings of fact, and upon the entire record in the matter, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the New York and Cuba Mail 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. The licensed deck officers, including the masters, employed by the New York and Cuba Mail Steamship 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 is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor- Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that National Organization Masters, Mates, and Pilots of America has been designated and selected by a major- ity of the licensed deck officers employed by the New York and Cuba Mail Steamship Company, New York City, as their representative for purposes of collective bargaining and that pursuant to the provi- sions of Section 9 (a) of- the Act, National Organization Masters, Mates, and Pilots of America 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. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Decision and Certification of Representatives. See footnote 1, supra.