Intl. Organization of Masters, Mates And Pilots

INTL. ORGANIZATION OF MASTERS, MATES AND PILOTS 363 International Organization of Masters, Mates and Pilots, AFL-CIO and Lykes Bros. Steamship Company, Inc. and Gulf & South America Steam- ship Company, Inc. and Texas Star & Stevedoring Company. Cases 23-CC-418, 23-CC-419, and 23-CC-420 June 9, 1972 DECISION AND ORDER BY MEMBERS JENKINS, KENNEDY, AND PENELLO On February 4, 1972, Trial Examiner Henry L. Jalette issued the attached Decision in this proceed- ing. Thereafter, Respondent filed exceptions to his recommended Order and a supporting brief, and the General Counsel filed an answering brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the record and the Trial Examiner's Decision in light of the exceptions and briefs and has decided to affirm the Trial Examiner's rulings, findings, and conclusions and to adopt his recommended Order. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommend- ed Order of the Trial Examiner and hereby orders that Respondent, International Organization of Masters, Mates and Pilots, AFL-CIO, Houston, Texas, its officers, agents, and representatives, shall take the action set forth in the Trial Examiner's recommended Order. TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE HENRY L. JALETFE, Trial Examiner: In the fall of 1971, the International Longshoremen's Association, AFL-CIO, hereinafter referred to as ILA, was engaged in a labor dispute with the New York Shipping Association. Respon- dent represents deck officers (masters and mates) of certain employers engaged in shipping out of various ports in the United States, including the port of Houston , Texas, where the unfair labor practices herein are alleged to have occurred. The consolidated complaint in this case alleges that Respondent, in aid of the ILA's labor dispute with the New York Shipping Association , induced and encouraged their members, who are employed by employers who are not members of the New York Shipping Association and who are not parties to the labor dispute between ILA and the New York Shipping Association, not to perform services for their employers, and that Respondent threat- ened, restrained, and coerced these same employers, with an object of forcing or requiring persons engaged in commerce to cease doing business with one another, and that Respondent thereby violated Section 8(b)(4)(i) and (ii)(B) of the Act.' On January 10, 1972, a hearing was held in Houston, Texas, at which Respondent appeared and was afforded full opportunity to be heard, to present evidence, to examine and cross-examine witnesses, to present oral argument, and file briefs. Evidence was presented only by the General Counsel and no briefs have been filed. Upon consideration of the entire record, including my observation of the witnesses, I make the following: FINDINGS OF FACT 1. JURISDICTION Lykes Bros. Steamship Company, Inc. (hereinafter called Lykes) and Gulf & South America Steamship Company, Inc. (hereinafter called G & S), are Louisiana corporations engaged in the business of transporting cargo to and from ports in the United States of America and to and from ports in the United States of America and foreign countries. Both have their principal offices and places of business at New Orleans, Louisiana, but maintain offices in Houston, Texas. Texas Star Stevedoring Company (hereinafter called Texas Star) is a Texas corporation with its principal office and place of business at Houston, Texas, where it is engaged in the stevedoring business. West Gulf Maritime Association (hereinafter called Association) is a Texas nonprofit corporation composed of various employers, including Lykes, G & S, Texas Star, and other employers engaged in performing shipping, stevedoring, and related services at ports located in the western area of the Gulf of Mexico, including the port of Houston and other Texas ports. The Association exists in part for the purpose of representing its employer members and negotiating collective-bargaining agreements with various labor organizations. The Port of Houston Authority of Harris County, Texas, was created by the State of Texas for the purpose of operating publicly owned and operated wharfs and docks, and it maintains its principal office and place of business at Houston, Texas. During the 12 months preceding issuance of complaint, Lykes and G & S received gross revenues in excess of $1,000,000 from the operation of their ocean transportation business and each received in excess of $50,000 in revenue for services rendered to firms located outside the State of Texas. During the same period, members of the Associa- tion each received total revenues in excess of $50,000 for transporting goods in interstate and foreign commerce, and Texas Star received in excess of $50,000 for stevedoring services performed for firms which in turn sold and 1 The consolidated complaint is based on charges filed in Cases 23-CC-418, 23-CC-419, and 23-CC-420, on November 3, 1971, by Lykes Bros Steamship Company, Inc, Gulf & South America Steamship Company, Inc, and Texas Star Stevedoring Company 197 NLRB No. 68 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shipped goods valued in excess of $50,000 to customers located outside the State of Texas. During the same time, the port of Houston, in the course and conduct of its business operations, received gross revenues in excess of $500,000, of which an amount in excess of $50,000 was received for the performance of services for customers located outside the State of Texas. II. THE LABOR ORGANIZATIONS INVOLVED The complaint alleges, the Answer admits, and I find, that Respondent and ILA are each labor organizations within the meaning of Section 2(5) of the Act. III. THE ALLEGED UNFAIR LABOR PRACTICES DO NOT ALLOW ANY SHIP TO SAIL UNLESS YOU ARE SURE IT IS CLEARED BY THE INTERNATIONAL I.L.A. STRIKE COMMITTEE. The policy of the IOMM&P is very clear- ALL-OUT SUPPORT TO THE I.L.A.-I.L.A. ALL THE WAY. The above applies to all dry cargo ships and to grain- carrying tankers. Fraternally yours, Thomas F. O'Callaghan' International President TOC:vw cc: Mr. Thomas W. Gleason, President, I.L.A. All I.L.A. Locals A. The Facts The facts are all undisputed. At all times material herein, ILA was engaged in contract negotiations with employers in the New York area, including the New York Shipping Association. On October 2, claiming a lockout in the Port of New York by such employers, the ILA ordered all its affiliated locals to cease work. Lykes, which is not a member of the New York Shipping Association, utilizes ILA Locals 872 and 1273 to provide it with longshoremen to perform stevedoring services in the Port of Houston. Respondent is the collective-bargaining representative of the deck officers (masters and mates) employed by Lykes, G & S, and other members of the Association who are engaged in the transportation of cargo between ports in interstate and foreign commerce. On October 14, 1971, the president of Respondent sent out the following notice: IMPORTANT NOTICE TO ALL IOMM & P OFFSHORE OFFICIALS AND REPRESENTATIVE Re: IOMM & POLICY IN I.L.A. STRIKE Dear Sirs and Brothers: The I.L.A. is on strike on the East and Gulf Coasts. The only ships that are being cleared by the I.L.A. Strike Committee are those vessels laden with Army cargo. The shipowners are attempting to splinter and sectionalize the strike in their efforts to destroy the I.L.A. The IOMM&P will not aid or abet the shipowners in this out-and-out union-breaking tactic. Please inform the membership that no IOMM&P ship shall sail from or to any East Coast or Gulf Coast port until such ship is cleared by the I.L.A. Strike Committee. Mr. Ken Camisa of the International Office has been assigned as liaison man to the I.L.A. Strike Committee. Any questions on ships' clearance will be directed to Mr. Camisa at (212) 944-8574 between 9:00 A.M. and 5:00 P.M., daily. PLEASE POST THIS COMMUNICATION PROMPTLY IN ALL UNION HALLS Among those to receive the notice were Robert Jones, a vice president of Respondent for the Gulf of Mexico area, which includes the port of Houston, Port Agent Robert Polumbo, and Assistant Port Agent Thomas Neumann. Respondent admits, and I find, they are agents of Respondent within the meaning of Section 2(13) of the Act. On October 16, Jones sent a telegram to Captain John Potts of the SS Joseph Lykes setting forth the contents of the notice he had received from Respondent's president. In addition, Jones read the notice to Captain Hendricks, Marine superintendent for Lykes. On October 19, the SS Joseph Lykes was scheduled to arrive in the port of Houston and Polumbo called James Baker, assistant manager for Lykes with the responsibility of manning its ships and handling day-to-day labor relations, and asked him his intentions with regard to the ship. Baker advised him that he intended to sign a crew on Foreign Articles the next morning . Polumbo told him that unless his instructions were changed he would have to order the mates not to sign. On October 20, at the time scheduled for the signing of Foreign Articles, Polumbo and Neumann were in the master's office of the SS Joseph Lykes with all the deck officers and Lykes Captain Noland . In the presence of the deck officers, Polumbo told Noland that he was telling the men not to sign Foreign Articles . Noland asked each of the deck officers to sign and all replied they could not because of the instructions from their union officials. On October 26, a G & S ship, the Gulf Banker arrived at the port of Houston to unload cargo . The Gulf Banker was then to load new cargo and resume its travels . Lykes is general agent for G & S , and Baker, acting on its behalf, called Neumann to inform him of the signing of a crew on Foreign Articles at 2:00 p.m. that day. Neumann gave Baker the same reply Polumbo had given him on the 19th. At 2:00 p.m., Port Captain Neumann and the deck officers met aboard the Gulf Banker and there was a repetition of the conduct that had occurred aboard the SS Joseph Lykes on October 20. Neumann told the port captain that he was acting pursuant to instructions from their New York office and the vessel did not have ILA strike committee clearance. INTL. ORGANIZATION OF MASTERS, MATES AND PILOTS On November 3, the vessel Mayo Lykes was scheduled to leave Houston, and Neumann and Polumbo told Noland and the deck officers that the vessel would not be permitted to sail. As a result of the foregoing, it was futile to load cargo on the Gulf Banker, and Texas Star, which had unloaded the incoming cargo, was deprived of the opportunity to load outgoing cargo, and Lykes informed the shippers whose cargo was to be loaded and transported of their inability to make delivery and 700 tons of cargo to be transported by the Gulf Banker and 1500 tons of cargo to be transported by the SS Joseph Lykes were turned over to foreign flag vessels for shipping. B. Analysis and Conclusions As stated earlier, the facts are undisputed, and the record indicates that Respondent, by its agents Jones, Polumbo, and Neumann, threatened, coerced, and restrained Lykes and G & S, persons engaged in commerce, by the following conduct: the sending of the telegram by Jones to Captain Potts on October 16; Polumbo's statement to Baker on October 19 that he would order the mates not to sign Foreign Articles and his implementation of that statement before Captain Noland aboard the SS Joseph Lykes on October 20; the statement of Neumann to Baker on October 26 that the deck officers would be ordered not to sign Foreign Articles to ship on the Gulf Banker and the implementation of that statement aboard the Gulf Banker on October 26; and the statement of Polumbo and Neumann on November 3 to Captain Noland and the deck officers that the Mayo Lykes would not be permitted to sail. The fact that as a result of the instructions of Respondent's agents the deck officers refused to sign Foreign Articles, and thus engaged in a refusal to perform services for Lykes and G & S, constituted restraint and coercion of Lykes and G & S. The acts of Respondent's agents in telling the deck officers (masters and mates) not to sign Foreign Articles constituted inducement and encouragement of individuals employed by Lykes and G & S to engage in a strike or to refuse to perform services for Lykes and G & S within the meaning of Section 8(b)(4)(i) of the Act. As to the object of Respondent's conduct, there is no dispute. There is no evidence that Respondent had any labor dispute with Lykes or G & S, and Respondent's notice of October 14, the telegram of October 16, and the statements of Respondent's agents clearly indicate that an object of their conduct was to force or require Lykes and G& S to cease doing business with shippers for whom it shipped cargo, with persons such as Texas Star, who provided stevedoring services for Lykes and G & S, and with any other person with whom Lykes and G & S do business. By such conduct, Respondent violated Section 8(b)(4)(i) and (ii)(B) of the Act.2 2 The complaint alleges that Respondent's unlawful conduct was in furtherance of bargaining demands by other labor organizations (i e. ILA) on the New York Shipping Association and in aid and support of such other labor organizations in their dispute with the New York Shipping Association The record supports these allegations , but I deem immaterial the reasons for a labor organization' s unlawful secondary activity It is sufficient that the record show, as here, that the Respondent had an immediate object of forcing secondary employers to cease doing business IV. THE EFFECT OF THE UNFAIR LABOR PRACTICE UPON COMMERCE 365 The conduct of Respondent described in section III, above, occurring in connection with the operations of the employers described in section I, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that Respondent has engaged in unfair labor practices proscribed by Section 8(b)(4)(i) and (ii)(B) of the Act, I shall recommend that it cease and desist therefrom and that it take certain affirmative action designed to remedy its unfair labor practices and to effectuate the policies of the Act. Upon the foregoing findings of fact and the entire record, I make the following: CONCLUSIONS OF LAW 1. Lykes Bros. Steamship Company, Inc., Gulf & South America Steamship Company, Inc., Texas Star Stevedoring Company, West Gulf Maritime Association and its employer members, and Houston Authority of Harris County, Texas, are employers and persons engaged in commerce within the meaning of Sections 2(6) and (7) and 8(b)(4)(i) and (ii)(B) of the Act. 2. Respondent and ILA are each labor organizations within the meaning of Sections 2(5) and 8(b) of the Act. 3. By inducing and encouraging individuals employed by Lykes and G & S, persons engaged in commerce, to engage in a strike or a refusal to perform any services, with an object of forcing or requiring them to cease doing business with other persons, Respondent engaged in, and is engaging in, unfair labor practices within the meaning of Sections 8(b)(4)(i)(B) and 2(6) and (7) of the Act. 4. By threatening, coercing, and restraining Lykes and G & S, persons engaged in commerce, with an object of forcing or requiring such persons to cease doing business with other persons, Respondent engaged in, and is engaging in, unfair labor practices within the meaning of Sections 8(b)(4)(ii)(B) and 2(6) and (7) of the Act. Upon the basis of the foregoing findings of fact, conclusions of law, and the entire record and pursuant to Section 10(c) of the Act, I hereby issue the following recommended: 3 ORDER Respondent, International Organization of Masters, Mates and Pilots, AFL-CIO, its officers, agents, and representatives, shall: with other persons. 3 In the event no exceptions are filed as provided by Sec. 102 46 of the Rules and Regulations of the National Labor Relations Board, the findings, conclusions, and recommended Order herein shall, as provided in Sec 102.48 of the Rules and Regulations , be adopted by the Board and become its findings, conclusions, and Order, and all objections thereto shall be deemed waived for all purposes 366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. Cease and desist from: (a) Inducing or encouraging individuals employed by Lykes Bros. Steamship Company, Inc., and Gulf & South America Steamship Company, Inc., persons engaged in commerce or in an industry affecting commerce, to engage in a strike or a refusal to perform any services where an object thereof is to force or require such persons to cease doing business with any other person. (b) Threatening, coercing, or restraining Lykes Bros. Steamship Company, Inc., and Gulf & South America Steamship Company, Inc., persons engaged in commerce or in an industry affecting commerce, where an object thereof is to force or require such persons to cease doing business with any other person. 2. Take the following affirmative action designed to effectuate the policies of the National Labor Relations Act: (a) Post in conspicuous places at its business office, meeting halls, and all other places where notices to members are customarily posted, signed copies of the attached notice marked "Appendix." 4 Copies of said notice, on forms to be provided by the Regional Director for Region 23, shall, after being signed by an authorized representative of Respondent, be posted immediately upon receipt thereof and be maintained by it for a period of 60 consecutive days thereafter. Reasonable steps shall be taken to insure that all aforesaid notices are not altered, defaced, or covered by any other material. (b) Sign and furnish to the aforesaid Regional Director, on forms to be supplied by him, sufficient copies of the attached "Appendix" for posting by Lykes Bros. Steamship Company, Inc., and Gulf & South America Steamship Company, Inc., said employers being willing, at all places where notices to employees are customarily posted. Said copies, after being signed by duly authorized representa- tives of Respondent, shall be forthwith returned to the aforesaid Regional Director for disposition by him: (c) Notify the Regional Director for Region 23, in writing, within 20 days from the date of the receipt of this Decision, what steps the Respondent has taken to comply herewith.5 4 In the event that the Board's Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall be changed to read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board " 5 In the event that this recommended Order is adopted by the Board after exceptions have been filed, this provision shall be modified to read "Notify the Regional Director for Region 23, in wnting, within 20 days from the date of this Order, what steps the Respondent has taken to comply herewith " APPENDIX NOTICE TO MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT induce or encourage the employees of Lykes Bros. Steamship Company, Inc., or Gulf & South America Steamship Company, Inc., to engage in a strike or refusal to perform any services in the course of their employment for said employers, where an object thereof is to force or require Lykes Bros. Steamship Company, Inc., or Gulf & South America Steamship Company, Inc., to cease doing business with any other person. WE WILL NOT threaten, coerce, or restrain Lykes Bros. Steamship Company, Inc., or Gulf & South America Steamship Company, Inc., where an object thereof is to force or require Lykes Bros. Steamship Company, Inc., or Gulf & South Anienca Steamship Company, Inc., to cease doing business with any other person. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, AFL-CIO (Labor Organization) Dated By (Representative Title) This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered , defaced, or covered by any other material. Any questions concern- ing this notice or compliance with its provisions may be directed to the Board's Office Dallas-Brazos Building, 1125 Brazos Street, Houston, Texas 77002, Telephone 713-226-4296.