Pennsylvania Shipping Co.

In the Matter Of PENNSYLVANIA SHIPPING Co. and AMERICAN RADIO TELEGRAPHISTS' ASSOCIATION, LOCAL No. 2. Case No. R-1143 Mr. Jack Davis; for the Board. Mr. John J. Burns, of'New York City, for the Company. Boudin, Cohn & Glickstein., by Sidney Elliott Cohn and Irving R. Feinberg, both of New York City,'for the A. C. A. Ornstein d Silverman, by Henry H. Silverman, of New York City, for Local No. 2. Mr. Louis J. Kleinklaus, of New York City, for the C. T. U. Mr. Richard A. Williams, of counsel to the Board. SECOND SUPPLEMENTAL DECISION AND ORDER - February 00, 1940 STATEMENT OF THE CASE On January 24, 1939, the National. Labor Relations Board, herein called the Board, issued a Decision and Direction of Election,1 in the above-entitled proceeding. The Direction of Election provided that an election by secret ballot should be conducted as soon thereafter as was practicable among the radio operators employed by Pennsylvania Shipping Company, Philadelphia, Pennsylvania, herein called the Company, during the pay-roll period immediately preceding the date of the balloting, excluding temporary employees but including em- ployees.-who did not work during such pay-roll period because they were on vacation, to determine whether they desired to be represented for the purposes of collective bargaining by American Radio Tele- graphists' Association, or by Commercial Telegraphers' Union, herein, called the C. T. U., or by neither. On July 28, 1938, the Board issued'- its Supplemental Decision, Certification of Representatives, and- 1 10 N. L. R. B. 1380. 20 N. L. R. B., No. 61. 599 600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Order,2 in which it withheld certification of any bargaining represent- ative of the radio operators because. of doubt as to the exact identity of the bargaining representative designated at the election. There- after, American Communications Association, herein called A. C.. A., filed a petition with the Board alleging that it was the, successor to American Radio Telegraphists' Association, Local No. 2, herein called Local No. 2, the organization which originally had filed the petition with respect to the radio operators of the Company. The.petition of A. C. A. requested that it be certified instead of Local No.. 2. On September 5, 1939, the Board notified all parties that unless sufficient cause to the contrary should appear, it would on September 16, 1939, grant the petition of A. C. A. On October 14, 1939, Local No. 2 filed written objections denying that A. C. A. was the successor to Local, No. 2, denying, that A. C. -A. was entitled to certification in the stead of Local No. 2, and offering to present evidence in support of its, objections., On October 21, 1939, the Board issued its Order Reopen- ing Record and directed that a further hearing be held to take evidence on the issue raised by the petition of A. C. A. and the objections of Local No. 2 thereto. Pursuant to notice, a hearing was held on November 16 and 18, 1939, in New York City before Joseph L. Maguire, the Trial Examiner duly designated by the Board. The Board, the Company, A. C. A., Local No. 2, and the C. T. U., were represented by counsel and partici- pated 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, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were coin-, mitted. The rulings are hereby affirmed. At the close of the hearing, Local No. 2 moved to dismiss the petition of A. C. A. and A. C. A;, moved to dismiss the objections of Local No. 2 to its petition. Thel Trial Examiner reserved ruling on both motions. For the reasons set forth below, the motion of Local No. 2 is hereby granted and the motion of A. C. A. denied. 2 13 N. L . It. B. 1209. This proceeding, prior to October 27, 1939, was consolidated with Cases Nos. R-1139, R-1140, R-1141, and R-1142. In the Supplemental Decision, the Board certified National Marine Engineers' Beneficial Association as exclusive bargaining representative of licensed engineers employed by the Company ' in Case No . R-1141, and dismissed certain petitions for investigation and certification of representatives of the Company's licensed deck officers filed by National Organization Masters, Mates , and Pilots of America and by United Licensed Officers of U. S. A. In Cases Nos. R-1139, R-1140, and R-1142 . The certification and dismissals in these cases are not affected by the action of the Board in this proceeding , Case No. R-1143. On October 27, 1939, the Board issued an order severing Cases Nos. R-1139, 11- 1140, R-1141, and R-1142 from Case No. R-1143. PENNSYLVANIA SHIPPING COMPANY 601 The record shows that the. petition for investigation and certifica- tion of representatives was filed on behalf of Local No. 2 by its secre- tary, Fred M. Howe. Subsequent to the Decision and Direction of; Election in.this case, American Radio Telegraphists' Association, the parent organization of Local No. 2, officially changed its name to A. C. A. During the course, of events leading up to such change in name, Local No. 2, under the leadership of Howe, became disaffected from the parent organization. On the ballot subsequently used in the election held among the Company's radio operators there appeared merely the designation "American Radio Telegraphists' Association," without express reference to either Local No. 2 or A. C. A. "American Radio Telegraphists' Association" received a majority of the votes cast. Under the circumstances serious doubt exists as to whether the employees voting intended to designate Local No. 2 as their bargaining agent, or.intended to designate its parent organization entirely irre- spective of affiliation of Local No. 2 to such parent organization. In view of this, as well as the lapse of time since the election in this proceeding, we are of the opinion that the petition for investigation and certification of representatives filed by Local No. 2 should be dismissed. Our order in this regard, however, shall not be construed to preclude the immediate filing of a new petition or petitions by any labor organization claiming to represent the employees here involved. ORDER By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is HEREBY ORDERED that the petition for investigation and certifi- cation filed by American Radio Telegraphists' Association, Local No. 2, be, and it hereby is, dismissed without prejudice. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Supplemental Decision and Order.