Swayne & Hoyt, Ltd.

In the Matter of SWAYNE & HOYT, LTD. grad MARINE ENGINEERS' BENEFICIAL ASSOCIATION , LOCAL No. 97 Case No. C-481.-Decided October 2, 1939 Water Transportation Industry-Settlement: stipulation providing for com- pliance with the Act; including disestablishment of company-dominated union- Order: entered on stipulation. Mr. Bertram Edises, for the Board. Lillick, Olson, Levy cfi Geary, by Mr. Joseph J. Geary, of San Francisco, Calif., for the respondent. Pillsbury, Madison cQ Sutro, by Mr. John A. Sutro, of San Fran- cisco, Calif., for the Association. Mr. H. P. Melnikow, of San Francisco, Calif., for the Union. Mr. A. J. Toth. of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges, and amended and supplemental charges, duly filed by Marine Engineers' Beneficial Association, Local No. 97 , herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Twentieth Region (San Francisco, California), issued its complaint dated January 21, 1938, against Swayne & Hoyt, Ltd., of San Francisco, California, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by notice of hearing thereon, were duly served upon the respondent, upon the Union, and upon Gulf Pacific Licensed Officers Association, herein called the Association, a labor organization allegedly dominated and supported by the respondent. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent dominated and interfered with the administration of, and contributed financial and other support to, the Association; that the respondent permitted organizers and other 15 N. L. R. B., No. 86. 788 SWAYNE & HOYT, LTD. 789 representatives of the Association to board its vessels while in port, for the purpose of soliciting members, collecting dues, or engaging in-other concerted activities for mutual aid or protection , - while deny- ing like privileges to organizers and other representatives of the Union; and that the respondent by the afore-mentioned activities interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On February 1, 1938, the respondent filed an answer to the complaint in which it admitted the allegations thereof concerning the nature and scope of its business but denied that it had engaged in the alleged unfair labor practices. Pursuant to notice a hearing was held at San Francisco , California, on February 3 and 4, 1938 , before Waldo C. Holden, the Trial Exam- iner duly designated by the Board. At the beginning of the hear- ing the Trial Exantl ler granted a written motion by the Association to intervene . The Board, the respondent, and the Association were represented by counsel, and the Union, by its representative. All parties participated in the hearing , and were afforded full opportut- nity to be heard, to examine and cross-examine witnesses, and to produce evidence bearing upon the issues . The Trial Examiner made various rulings upon motions and objections to the admission of evidence. On March 21 , 1938, the Trial Examiner filed his Intermediate Report; copies of which were dilly served upon the parties , in which he found that the respondent had engaged in unfair labor practices affecting commerce , within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the Act , and recommended that the re- spondent cease and desist from its unfair labor practices and that it take certain affirmative action , including withdrawal of recog- nition from and disaffirmance of an agreement with the Association as a bargaining representative of its employees , in order to remedy the situation brought about by the unfair labor practices found. On March 28 and on April 1 and 2, 1938 , the respondent, the Union, and the Association , respectively , filed exceptions to the Intermediate Report. On August 19, 1939, counsel for the Board , the respondent, and the Union entered into a stipulation in settlement of the case , subject to and effective immediately upon approval of the provisions thereof by the Board. This stipulation provides as follows : STIPULATION Charges having been filed with the Regional Director for the Twentieth Region by Marine Engineers' Beneficial Association, Local No. 97, alleging that Swayne & Hoyt, Ltd. (hereinafter referred to as the Company) had been guilty of unfair practices 199549-39-vol. 15--51 790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD under Section 8 (1), (2) and (3) of the National Labor Relations Act, complaint thereon having been issued and served by the National Labor Relations Board (hereinafter referred to as the Board) by its Regional Director in San Francisco, California, hearing thereon having been held before a duly designated Trial Examiner of the Board, and the Trial Examiner having issued and served his Intermediate Report, dated March 12, 1938, and it being the desire of the parties to dispose of matters which have arisen, It is hereby stipulated and agreed by and between the parties hereto as follows : 1. That the respondent, Swayne & Hoyt, Ltd., a corporation organized and existing under the laws of the State of Nevada, with its main offices located in San Francisco, California, is en- gaged, and at all times material herein, hks been engaged as a common carrier in the business of transporting, for hire, of freight and passengers between ports on the Pacific Coast and ports elsewhere in the United States and foreign countries. In the course and conduct of its business, the respondent owns and operates approximately 17 vessels of American registry which make regular calls at the ports of Vancouver, British Columbia; Seattle, Washington; Portland, Oregon; San Francisco, Cali- fornia; San Pedro, California; Galveston, Texas; New Orleans, Louisiana; and Mobile, Alabama. 2. That Marine Engineers' Beneficial Association, Local No. 97, and Gulf Pacific Licensed Officers Association are labor or- ganizations within the meaning of Section 2 (5) of the National Labor Relations Act. 3. That the Company hereby waives all further or other pro- cedure provided for in the National Labor Relations Act or the Rules and Regulations of the Board, including the making of findings of fact and conclusions of law. 4. That the Board, upon the basis of this stipulation, the record and said Intermediate Report, may make findings of fact and enter the following Order : ORDER Upon the basis of the above stipulation and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Swayne & Hoyt, Ltd., its officers, agents, successors and assigns, shall : 1. Refrain from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, SWAYNE & HOYT, LTD. 791 to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection, as guaranteed in Section 7 of the Act; (b) In any manner dominating or interfering with the for- mation or administration of, or contributing financial or other support to, any labor organization of its employees. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Withdraw all recognition from Gulf Pacific Licensed Officers Association as representative of any of its employees for the purpose of dealing with respondent concerning griev- ances, labor disputes, wages, rates of pay, hours of employment or conditions of work, and completely disestablish Gulf Pacific Licensed Officers Association as such representative; (b) Post notices immediately upon each of respondent's ves- sels where they will be observed by respondent's licensed per- sonnel, and maintain such notices for a period of thirty (30) consecutive days, stating that respondent will refrain in the man- ner set forth above and that respondent will withdraw all recog- nition from Gulf Pacific Licensed Officers Association as repre- sentative of any of its employees for the purpose of dealing with respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work, and completely disestablish Gulf Pacific Licensed Officers Associa- tion as such representative; (c) Notify the Regional Director of the Board for the Twen- tieth Region within ten (10) days from the service of this order what steps the respondent has taken to comply therewith. 5. The Company hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application of the Board, of a consent decree, copy of which is annexed hereto," enforcing an order of the Board in the form hereinabove set forth and hereby waives further notice of the application for such decree. 6. It is understood and agreed that the entire agreement is contained within the terms of this stipulation and that there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. 7. It is further understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board 'A draft form of the consent decree to be entered appears in the record annexed to said stipulation. 792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and shall become effective immediately upon the granting of such approval. On September 21, 1939, the Board issued its order approving the above stipulation and making it a part of the record herein. Upon the basis of the above stipulation and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Swayne & Hoyt, Ltd., a Nevada corporation, with its main offices located in San Francisco, California, is engaged and at all times material herein, has been engaged, as a common carrier in the business of transporting, for hire, freight and passengers between ports on the Pacific Coast and ports elsewhere in the United States and foreign countries. In the course and conduct of its busi- ness the respondent owns and operates approximately 17 vessels of American registry which make regular calls at the ports of Van- couver, British Columbia; Seattle, Washington; Portland, Oregon; San Francisco, California; San Pedro, California.; Galveston, Texas; New Orleans, Louisiana; and Mobile, Alabama. We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States and between the United States and foreign countries. _ . II. THE ORGANIZATIONS INVOLVED Marine Engineers' Beneficial Association, Local No. 97, is a labor organization chartered by National Marine Engineers Beneficial Association. It admits to membership marine engineers licensed by the Bureau of Marine Inspection and Navigation. Gulf Pacific Licensed Officers Association is an unaffiliated labor organization admitting to membership "any person actively em- ployed . . . in a licensed capacity on . . . vessels, who have been in continuous employment . . . for thirty (30) days or over." ORDER Upon the basis of the above findings of fact, the stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Swayne & Hoyt, Ltd., its officers, agents, successors, and assigns, shall: 1. Refrain from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, SWAYNE & HOYT, LTD. 793 join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act; (b) In any manner dominating or interfering with the formation or administration of, or contributing financial or other support to, any labor organization of its employees. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Withdraw all recognition from Gulf Pacific Licensed Officers Association as representative of any of its employees for the purpose of dealing with the respondent concerning .grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work, and completely disestablish Gulf Pacific Licensed Officers Association as such representative; (b) Post notices immediately upon each of respondent's vessels where they will be observed by the respondent's licensed personnel, and maintain such notices for a period of thirty (30) consecutive days, stating that the respondent will refrain in the manner set forth above and that the respondent will withdraw all recognition from Gulf Pacific Licensed Officers Association as representative of any of its employees for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work, and completely disestablish Gulf Pacific Licensed Officers Association as such representative; (c) Notify the Regional Director of the Board for the Twentieth Region within ten (10) days from the service of this order what steps the respondent has taken to comply therewith.