Seafarers' International Union of North America

694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Seafarers' International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District, AFL-CIO and Delta Steamship Lines, Inc. and National Marine Engineers' Beneficial Associa- tion, District No. 1, AFL-CIO Seafarers' International Union of North America, AFL-CIO and Delta Steamship Lines, Inc. and National Marine Engineers' Beneficial Associa- tion, District No. 1, AFL-CIO. Cases 15-CD-89, 15-CD-90 (formerly 23-CD-157), and 15-CD-91 June 27, 1968 DECISION AND ORDER QUASHING NOTICE OF HEARING BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING, BROWN , AND ZAGORIA This is a proceeding under Section 10(k) of the National Labor Relations Act, as amended, follow- ing charges filed by Delta Steamship Lines, Inc., herein called Delta, on December 8 and 21, 1967, alleging that Seafarers' International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District, AFL-CIO, herein called SIU(A&G), and Seafarers' International Union of North America, AFL-CIO, herein called SIU, have violated Section 8(b)(4)(D) of the Act by engaging in certain proscribed activity with an object of forc- ing or requiring the assignment of the work of ap- prentice engineers to employees who are represented by SIU(A&G) rather than to em- ployees who are represented by National Marine Engineers Beneficial Association, District No. 1, herein called MEBA (District 1). A hearing was held before Hearing Officer Louis V. Baldovin beginning January 30 and ending February 2, 1968. All parties appeared at the hearing and were af- forded full opportunity to be heard, to examine and cross-examine witnesses, and to adduce evidence bearing upon the issues. The rulings of the Hearing Officer made at the hearing are free from prejudi- cial error and are hereby affirmed. All parties filed opening briefs. MEBA (District 1), SIU(A&G), and SIU filed reply briefs. These briefs have been duly considered. Thereafter, on May 7, 1968, the Na- tional Labor Relations Board, having been advised that MEBA (District 1 had taken certain steps to comply with a decision rendered by an impartial umpire under the AFL-CIO Internal Disputes Plan, directed the parties to furnish the Board a state- ment of their respective positions as to whether or not the issues raised by the charges filed herein are moot. Statements were filed by all parties in reply thereto and have been duly considered. Upon the entire record in these cases , the Board makes the following findings: 1. THE BUSINESS INVOLVED Delta is a Louisiana corporation engaged primarily in the transportation of cargo by vessels operating between ports of the United States and foreign countries. Goods valued in excess of $50,000 are carried annually out of the State of Louisiana aboard Delta vessels. We find that Delta is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATIONS INVOLVED SIU(A&G), SIU, and MEBA (District 1) are labor organizations within the meaning of the Act. III. THE DISPUTE A. Background For many years, and continuing to date, SIU(A&G) has bargained with Delta and has en- tered into a series of collective-bargaining agree- ments covering all of Delta's unlicensed employees, except cadets and certain other classifications not relevant herein. MEBA (District 1) has bargained with Delta and for a number of years has entered into agreements with Delta covering all licensed en- gineer personnel. A licensed marine engineer complement consists of a chief engineer, first, second, and three third assistant engineers. These individuals direct the work of unlicensed personnel in the engine depart- ment of Delta's vessels and, accordingly, are super- visory personnel within the meaning of the Act. In the past, these engineer officers have been ob- tained from three primary sources: Navy and Coast Guard Academies, Merchant Marine Academies, and, lastly, from among those unlicensed personnel, who, having studied and obtained seaman ex- perience, have passed competitive examinations given by the Coast Guard and have thereby ad- vanced to the officer rating. In recent years, the maritime industry has ex- perienced a critical shortage of engineer officers. To relieve the situation, and after Coast Guard ap- proval of an amendment to its regulations creating a new classification designated as "apprentice en- gineer," MEBA ( District 1) initiated a training pro- gram with an object of providing an additional source of licensed marine engineers. 172 NLRB No. 70 SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA 695 On July 6, 1966, MEBA (District 1) concluded an agreement with Delta which enabled it to refer to Delta vessels for sea duty trainees designated ap- prentice engineers, who had successfully completed 6 months of a 12-month academic program. On November 22, 1967, after implementation of this training program, Paul Hall, president of SIU and SIU(A&G), demanded the removal of all ap- prentice engineers aboard Delta's vessels, claiming that their presence aboard these vessels constituted a breach of the contract pursuant to which SIU(A&G) represents all unlicensed personnel. When Delta failed to comply with this demand, the Union, among other things, refused to refer un- licensed seamen to Delta vessels and picketed those that were found in port. Further, on January 12, 1968, SIU filed charges against MEBA(National) under the AFL-CIO In- ternal Disputes Plan, claiming that the latter had in- terfered with established collective-bargaining rela- tionships with SIU affiliates by referring apprentice engineers (unlicensed seamen) aboard American flag vessels in violation of the AFL-CIO constitu- tion. An impartial umpire found the violation as charged. His decision was affirmed by an executive subcommittee of the Executive Council of the AFL-CIO on March 21, 1968. Thereafter, on March 28, 1968, J. M. Calhoon, president of MEBA (District 1), advised George Meany, president of the AFL-CIO, that apprentice engineers will be removed from all vessles in question upon completion of their present articles. Delta was so informed. On May 8, 1968, Calhoon advised Meany that, in conjunction with the action already taken, MEBA (District 1) "will not place Apprentice Engineers back on the SIU vessels." Further, on May 8, 1968, counsel for MEBA (Dis- trict 1) advised the Board that it intends to comply with the final determination issued under the AFL-CIO Internal Disputes Plan. B. Contentions of the Parties In their statement of position furnished the Board, pursuant to its direction of May 7, 1968, the Respondent Unions state, among other things, that MEBA (District 1), having acquiesced in the final decision of the AFL-CIO Executive Council, which was rendered under the Internal Disputes Plan, has withdrawn its claim to the work allegedly in dispute and, accordingly, that there is no longer any sub- stantive issue before the Board for adjudication. Neither Delta nor MEBA (District 1) takes issue with this statement of the Respondent Unions. C. Applicability of the Statute Section 10(k) of the Act, which directs the Board to hear and determine disputes out of which Section 8(b)(4)(D) charges have arisen, limits the Board's authority in this respect to situations in which an employer's assignment of work is in dispute. MEBA (District 1), having unequivocally stated its intention to comply with the above-men- tioned determination of the Executive Council, and having already taken steps to remove apprentice engineers from Delta's vessels in compliance therewith, has, in effect, withdrawn its claim to disputed work aboard Delta's vessels. Accordingly, as there is no longer in existence any claim to work within the meaning of the Act, we shall quash the notice of hearing issued herein. ORDER It is hereby ordered that the notice of hearing is- sued in this proceeding be, and it hereby is, quashed.