Interstate Steamship Co.

In the Matter of INTERSTATE. STEAMSHIP Co11IPANY and NATIONAL MARITIME UNION OF AMERICA (C. I. 0.) In the Matter Of INTERSTATE STEAMSHIP COMPANY and UNITED DOCK WORKERS, L. I. U. No. 966 (C. I. 0.) Cases Nos. R-1585 and R-1586, respectively.-Decided November 6,1939 Shipping Industry-Investigation of Representatives : controversy concerning representation of employees : refusal by employer to recognize union as exclusive representative of employees until certified by the Board ; motion to withdraw petition for, as to one of the cases, granted-Unit Appropriate for Collective Bargaining : all unlicensed seamen on the employer 's steamships , including the chief cooks-Election Ordered Mr. Max W. Johnstone, for the Board. Mr. Lee C. Hinslea and Mr. Ross E. Mortimer, of Cleveland, Ohio, for the Company. Mr. M. Hedley Stone and Mr. Charles Abor, of Cleveland, Ohio, for the N. M. U. Mr. A. E. Stevenson, of Ashtabula, Ohio, for the United. Mr. Louis Colcin, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE . On July 24 and 25, 1939, National Maritime Union of America, herein called the N. M. U., and United Dock Workers L. I. U. No. 966, herein called the United, respectively, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) separate petitions alleging that questions affecting commerce had arisen concerning the representation of employees of Interstate Steamship Company, Cleveland, Ohio, herein called the Company, and requesting investi- gations and certifications of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. 17 N. L. R. B., No. 22. 376 INTERSTATE STEAMSHIP COMPANY 377 On October 24, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, and Article III, Section 10 (c) (2), of National Labor Relations. Board Rules and Regulations-Series 2, ordered an investigation in each case and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered that the cases be consolidated for the purposes of hearing. On October 24, 1939, the Regional Director issued a notice of hear- ing, copies, of which were duly served upon the Company, upon the N. M. U., and upon the United. Pursuant to the notice, a hearing was held on October 26 and 30, 1939, at Cleveland, Ohio, before Peter Ward, the Trial Examiner duly designated by the Board. The Board, the Company, the N. M. U., and the United were represented by .counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the. course of the hearing, counsel for the United moved to withdraw the petition filed by the United. The Trial Examiner reserved ruling on the motion. No evidence was introduced by the United at the hearing. The motion is hereby granted and Case No. R-1586 will be ordered closed. Upon-the entire record, the Board makes the following : FINDINGS OF FACT 1. THE BESINESS OF THE COMPANY Interstate Steamship Company, a West Virginia corporation and a subsidiary of the Jones & Laughlin Steel Corporation, maintains a fleet of four steamships for the transportation of iron ore and coal on the Great Lakes. The Company also maintains docks at Ashta- bula. Ohio, for the unloading of iron ore from ships. Iii 1938"the steamships of the Company transported approximately 600,000 tons of iron ore from the State of Minnesota to ports on the Great Lakes, including Ashtabula, Ohio, and transported 250,000 tons of coal from various ports in the State of Ohio to ports in the States of Wisconsin and Minnesota. The Company admits the juris- diction of the Board. We find that the Company is engaged in trade, traffic, transporta- tion, and commerce among the several States, and that the unlicensed personnel employed by the Company is directly engaged in such trade, traffic, transportation, and commerce. - 378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. THE ORGANIZATION INVOLVED National Maritime Union of America is a labor organization affili- ated with the Congress of Industrial Organizations. It admits to membership unlicensed seamen aboard the four ships of the Com- pany's fleet. III. THE QUESTION CONCERNING REPRESENTATION On September 11, 1939, the N. M. U. requested the Company to bargain with it as the representative of the majority of the unlicensed seamen employed by the Company. The Company refused to bargain with the N. M. U. prior to certification by the Board that it had been designated by a majority of the. Company's employees in an appro- priate unit. We find that a question has arisen concerning the representation of employees of the Company and that such question tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. IV. THE APPROPRIATE UNIT The N. M. U. urges that all the unlicensed seamen on the Com- pany's four steamships constitute a unit appropriate for the purposes of collective bargaining. The Company would exclude from this unit the chief cooks who, it claims, are supervisory employees be- cause they have the right to hire and discharge employees` working in the galleys of the ships. The chief cooks are eligible to member- ship in the N. M. U. and are considered in the industry as falling within the category of unlicensed seamen. We shall include the chief cooks in the unit. We find that all the unlicensed seamen on the Company's four steamships, including the chief cooks, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self -organization and to collective bargaining and otherwise effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The N. M. U. claimed substantial membership among the employees in the appropriate, unit. In accordance with our usual practice we shall order an election by secret ballot to resolve the question con- cerning representation. We shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were on INTERSTATE STEAMSHIP COMPANY 379 the Compa ty's pay roll imtediately preceding the date of our Direc- tion of Election herein, including employees who did not work during such pay-roll period because they were ill, on leave, or on vacation, employees who were then or have since been temporarily laid off, and employees last employed on steamships, of the Company which might be temporarily' laid up, but excluding those who have since quit or'been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Interstate Steamship Company, Cleveland, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the unlicensed seamen on the Company's four steamships, including the chief cooks, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain the representatives for the purposes of collective bargain- ing with Interstate Steamship Company, Cleveland, Ohio, an election by secret ballot shall be conducted as soon as convenient and begin- ning as promptly as is practicable after the date of this Direction, under the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all the unlicensed seamen on the Company's four steamships who were employed during the pay-roll period im- mediately preceding the date of this Direction, including the chief cooks, employees who did not work during such pay-roll period be- cause they were ill, on leave, or on vacation, employees who were then or have since been temporarily laid off, and employees last em- ployed on steamships of the Company that might be temporarily laid up, but excluding employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by National Maritime Union of America, affiliated with 380 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD the Congress of Industrial Organizations, for the purposes of col- lective bargaining. 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 2, IT IS HEREBY ORDERED that the motion of United Dock Workers L. I. U. No. 966 for leave to withdraw its petition be, and it hereby is, granted, and that Case No. R-1586 be, and it hereby is, closed.