Baltimore Mail Steamship Co.

In the Matter of BALTIMORE MAIL STEAMSHIP COMPANY, AN AFFILIATE OF UNITED STATES LINES COMPANY 1 and MARINE ENGINEERS BENE- FICIAL ASSOCIATION In the Matter of BALTIMORE MAIL STEAMSHIP COMPANY, AN AFFILIATE OF UNITED STATES LINES COMPANY 1 and NATIONAL ORGANIZATION MASTERS, MATES & PILOTS OF AMERICA In the Matter of UNITED STATES LINES COMPANY and MARINE DIVI- SION, COMMERCIAL TELEGRAPHERS UNION, A. F. OF L. In the Matter of UNITED STATES LINES COMPANY and NATIONAL ORGANIZATION MASTERS, MATES & PILOTS OF AMERICA 2 AND UNITED LICENSED OFFICERS OF AMERICA In the Matter Of UNITED STATES LINES COMPANY and MARINE ENGI- NEERS BENEFICIAL ASSOCIATION AND UNITED LICENSED OFFICERS OF AMERICA Cases Nos. R-1638, R-1639, R-1640, RE-3, and RE-3, respectively.- Decided March 13, 1940 Shipping Industry-Investigation of Representatives : petition for dismissed where unions do not desire to continue the proceeding and company refuses to produce evidence deemed necessary by the Board to continue in its investigation. Mr. rliillard L. 11lidonick, for the Board. Kirlin, Campbell, Hickox, Keating cf McGrann, by Mr. A. V. Cherbonnier and Mr. James A. Carney, of New York City, for United States Lines Company. Mr. Edward P. Trainer, of New York City, for the M. E. B. A. Capt. Edward T. Pinchin, of Rockville Center, Long Island, N. Y., for the M. M. P. Mr. C. C. Johnson, of New York City, for the C. T. U. Mr. Herbert J. DeVarco and Mr. B. L. Todd, of New York City, and Mr. 0. L. Bonifay, of Baltimore, Md., for the U. L. 0. Boudin, Cohn cQ Glickstein, by Mr. Leonard B. Boudin and Mr. Irving Robert Feinberg, of New York City, for the A. C. A. Mr. Frederick R. Levinstone, of counsel to the Board. 1 Incorrectly designated in the petitions and notice of hearing as Baltimore Mail SS Co , an affiliate of U. S Lines Co. and Baltimore Mail-United States Lines 2 Incorrectly designated in the petition and notice of hearing as Masters , Mates and Pilots of America. 21 N. L. R. B., No 52. 561 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DECISION AND ORDER 'STATEMENT OF THE' CASE On May 24, 1939, Marine Engineers Beneficial Association,'herein called M. E. B; A., filed with the Regional Director for the Second Region (New York City) a petition and on June '6 and June 26, 1939, amended petitions alleging that a question affecting'commerce had arisen concerning the representation of employees of Baltimore Mail Steamship Company and United States Lines Company and requesting an investigation and certification of representatives pur-. suant to Section9 (c) of the National Labor Relation's Act, 49 Stat: 449, herein called the Act. On May 29, 1939, National Organization Masters, Mates & Pilots of America; herein called M. M. P., filed a similar-petition with the. Regional. Director. On August 29, 1939, the Marine Division, Commercial Telegraphers Union, herein called C. T. U., filed a similar petition with the Regional Director. On August 18, 1939, United States Lines Company filed two similar petitions with the Regional Director. On October 18, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice and further ordered that for the purposes of hearing and for all other purposes, the cases be consolidated and that one record of the hearing be made. ' On October 20, 1939, the Regional Director issued a notice of hearing copies of which were duly served upon all the parties. Pur- suant, to such notice a hearing was held on November 20 through 28, 1939, in New York City before Charles E. Persons, the Trial Examiner duly designated by the Board. ' On January 6, 1940, the Board issued an order reopening the record for the purpose of adducing further testimony, inter alia, with respect to the charter agreement between United States Lines Com- pany and Baltimore Mail Steamship Company under the terms of which United States Lines Company is operating five ships owned by Baltimore Mail Steamship Company and remanding the proceed- ing to the Regional Director for the Second Region (New,York' City),, for the purpose of continuing such further ,hearing. On January 31, 1940, the Regional Director issued notice of further hearing which was duly served upon all the parties. Pursuant to said notice hear- BALTIMORE MAIL STEAMSHIP COMPANY 563 ing was held on February 13 and 17, 1940, at New York City before Joseph -L. Maguire, the Trial Examiner duly designated by the Board. For the purpose of adducing testimony with respect to the appropriate unit the Board on February 12, 1940, issued sub- poenas-directing A. J. McCarthy, vice president of ,.United-, States Lines Company, to appear and testify' in said proceeding and direct- ing United States Lines Company to produce the charter agreement between it and Baltimore Mail Steampship Company. McCarthy and United States Lines Company refused to comply with the subpoenas. During the course of the hearing all of the unions with the excep- tion of the A. C. A. requested indefinite adjournment or dismissal of the petitions. The A. C. A. consistently contended that there was no question concerning representation existing between it and the petitioner C. T. U., which petitioning union, as previously noted, joined in the request for indefinite adjournment. It is apparent from the- above-noted facts that none, of the unions of their own volition desire to continue this proceeding and that the only party desiring its continuance is United States Lines Company. Since the unions do not desire to continue the proceeding and the United States Lines Company has refused to produce evidence deemed necessary by the Board in its investigation we will dismiss the petitions with- out prejudice. 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-as amended, IT is HERESY oRDERED that the petitions herein be dismissed, with- out prejudice, and the aforesaid cases be, and they hereby are, closed.