International Freighting Corp., et al.

In the Matter of INTERNATIONAL FREIGHTING CORP., et al. and INTERNATIONAL SEAMEN'S UNION OF AMERICA In the Matter Of PANAMA MAIL STEAMSHIP COMPANY and NATIONAL MARITIME UNION OF AMERICA Cases Nos. R-159 and R-236, respectively SUPPLEMENTAL DECISION AND ORDER May 8, 1939 On September 17, 1937, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled cases., The Direction of Elections directed that elec- tions by secret ballot be conducted among the unlicensed seamen, with the exception of certain specified groups, employed by 19 named com- panies, to determine whether they wished to be represented by Inter- national Seamen's Union of America, or its successor affiliated with the American Federation of Labor,2 or by National Maritime Union of America, affiliated with the Committee for Industrial Organiza- tion, for the purposes of collective bargaining, or by neither. Pursuant to the Directions, elections have been conducted among the employees of all but 4 of the 19 companies,' and in conformity with the results of the balloting, the Board has from time to time certified the organization selected by a majority of the employees in each line or in the event a majority indicated they did not wish either organization to represent them, dismissed the petition in that line. No election was held in Roosevelt Steamship Company, Inc., one of the lines included in the Direction of Elections, because there has been no final determination of the question of whether Roosevelt Steamship Company, Inc., which operates vessels owned by the 13 N. L. R. B. 692. ' The reasons for the adoption of this designation are set forth in Matter of American France Line et al. and International Seamen's Union of America, 3 N. L. R. B. 76, and Ibid, Supplemental Decision and Order issued today , and in Matter of International Freighting Corp., et al. and International Seamen's Union of America, 3 N. L. it. B. 692. $ The four companies in which elections have not been completed are : Columbian Steamship Company, Inc. Pan-Atlantic Steamship Corporation. Peninsular & Occidental Steamship Company. Roosevelt Steamship Company, Inc. 12 N. L. R. B., No. 86. 785 786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD United States Maritime Commission, or the Maritime Commission is the employer of the seamen employed on that line.4 At various stages during the elections but prior to a certification or dismissal by the Board, charges have been filed with the Board alleging that Columbian Steamship Company, Inc., Pan-Atlantic Steamship Corporation, and Peninsular & Occidental Steamship Company, three of the companies included in the Direction of Elec- tions, have engaged in unfair labor practices which would or might affect the results of the elections. Upon receiving such charges, the Board suspended balloting in each of these lines until such time as the charges were disposed of, and the elections have not yet been continued in any of these lines. A question having arisen during the conduct of the elections con- cerning the identity of the successor to International Seamen's Union of America, herein called I. S. U., affiliated with the American Fed- eration of Labor, the Board held a further hearing in these cases on May 9, 1938, for the purpose of resolving this question. On May 25, 1938, the Board issued a Supplemental Decision and Amendment to Certification of Representatives,5 in which it was stated that Amer- ican Federation of Labor Seamen's Union No. 21420 was found to be the successor to the Atlantic and Gulf Districts of International Seamen's Union of America. In conformity with this finding, the Board directed that American Federation of Labor Seamen's Union No. 21420 should be placed on the ballots in all future elections in place of International Seamen's Union of America, or its successor affiliated with the American Federation of Labor, and amended a certification issued on February 8, 1938, to designate American Fed- eration of Labor Seamen's Union No. 21420 as the representative of the unlicensed seamen employed by New England Steamship Company. On June 1, 1938, the Board issued a Supplemental Decision and Certification of Representatives," in which American Federation of Labor Seamen's Union No. 21420 was certified as the collective bar- gaining representative of the unlicensed seamen employed by Ameri- can Range Lines, Inc.7 Subsequent to the Board's Decision of May 25, 1938, the Board received and denied numerous motions and petitions filed by I. S. U., to hold further hearings in these cases to establish that no suc- cessor union to I. S. U. exists and to amend our procedure accord- 4 The Board has no jurisdiction over the United States or any State or political sub- division thereof, even though an employer . See Section 2 (2) of the Act. 57 N. L. R. B 442. 6 7 N. L R. B. 618. 7 New England Steamship Company and American Range Lines, Inc., were the only two lines in these cases in which the organization affiliated with the American Federation of Labor was chosen by a majority of the employees. INTERNATIONAL FREIGHTING CORP. ET AL. 787 ingly.8 On December 14, 1938, I. S. U. filed a petition alleging that the seamen employed on the lines in which the organization affiliated with the American Federation of Labor had been certified wish to be represented by I. S. U. and asking for a hearing "of the question of whether the bargaining agents [the seamen] elected shall repre- sent them or whether the American Federation of Labor may at will, change this representation without the knowledge and consent of the men." On December 3, 1938, and February 27, 1939, the Board received petitions from the American Federation of Labor alleging that American Federation of Labor Seamen's Union No. 21420 has been displaced by Seafarers International Union of North America, and requesting further hearings and amendments in accordance with this fact. The only lines involved in this proceeding in which the organization affiliated with the American Federation of Labor was certified as the collective bargaining representative, are New England Steam- ship Company and American Range Lines, Inc. All of the certifica- tions issued in the lines involved in this proceeding were issued almost a year or in some cases more than a year ago. We have held in Matter of American France Line et al. and Inter- national Seamen's Union of America,9 that we will not now amend the certifications under the circumstances which exist and that we will dismiss the petitions in all lines in which the elections have not yet been completed. For the reasons set forth in that decision, we will deny the petitions filed by I. S. U. and the American Federation of Labor and we will dismiss the petitions filed by I. S. U. in June 1937 requesting investigations and certifications of representatives in Columbian Steamship Company, Inc., Pan-Atlantic Steamship Cor- poration, Peninsular & Occidental Steamship Company and Roose- velt Steamship Company, Inc. The denials and dismissals will be, however, without prejudice to the right of any employee or any rep- resentatives of any employees in any of these lines, to file a new petition requesting an investigation and certification of representa- tives if a question concerning representation now exists. 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, 8A more detailed description of the petitions , the questions presented , and the reasons for our decision are set forth in Matter of American France Line et al. and International Seamen's Union of America, Supplemental Decision and Order issued today. 9 Supplemental Decision and Order issued today. 169134-39-vol 12-51 788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY ORDERED that the petitions requesting investigations and certifications of representatives of the unlicensed seamen em- ployed by Columbian Steamship Company, Inc., Pan-Atlantic Steam- ship Corporation, Peninsular & Occidental Steamship Company, and Roosevelt Steamship Company, Inc., be, and they hereby are, dis- missed; and IT IS FURTHER ORDERED that the petition filed by International Sea- men's Union on December 14, 1938, and the petitions filed by the American Federation of Labor on December 3, 1938, and February 27, 1939, be, and they hereby are, denied.