Baltimore Insular Line, Inc.

In the Matter of BALTIMORE INSULAR LINE, INC. and' SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA Case No. R-2008.-Decided September 041, 1910 Jurisdiction : water transportation industry. Investigation and 'Certification of Representatives :' existence of question : con- flicting claims of rival reptesentatives, prior certification, no bar to, in view of time elapsed ; elections necessary Unit Appropriate for Collective Bargaining : unlicense 'personnel in the deck, engine, and stewards' departments, excluding wireless and radio operators, chief electricians on electrically driven- ships, and junior engineers who .'hold licenses Mr. Charlton Ogbeurn, Mr. C. C. Johnson, and Mr. John Hawk,' of New York City, for the S. I. U. Mr. William L. Standard, by Mr. Max Lustig, of New York City, for the N. M. U. Mr. A. V. Cherbownier, and Mr. James A. Carney, of New York City, for the Company. Elizabeth W. Weston, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 2, 1940, Seafarers' International Union of North Amer- ica, herein called the S. I. U., filed with the Regional Director for the Second Region (New York City), a petition alleging that a question 'affecting commerce had arisen concerning the representation of ' unlicensed personnel employed aboard the vessels operated by Baltimore Insular Line, Inc.,' herein called the Company, and re- questing an investigation and certification of representatives pur- 1 In the petition for investigation and certification of representatives, the S. I U named A H Bull & Co, Inc , as an employer and an additional party to the proceedings. Although served with notice of hearing, A. H. Bull & Co, Inc., did not appear. At the hearing, it appearing that Baltimore Insular Line, Inc., is the employer of the employees affected by the petition, the name of A H Bull & Co , Inc., was stricken from the title of the pro- ceedings with the consent of all parties. 27 N. L. R. B., No. 91. 426 BALTIMORE INSULAR LINE, INC. 427 suant to Section 9 (c) of the, National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 9, 1940, 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, as amended, ordered an investigation and authorized the Regional Director to conduct, it and to provide for an appropriate hearing upon due notice. On August 12, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the S. I. U.,' and the National Maritime Union of America, herein called the N. M. U., a labor organization claiming to represent the em- ployees of the Company affected by the investigation. Pursuant to the notice, and to a notice of postponement duly issued and served on August 21, 1940, a hearing was held on September 4, 1940, in New York City, before Millard -L. Midonick, the Trial Examiner duly designated by the Board. The Company and the N. M. U. were represented by counsel, and the S. I. U. was represented by its secre- tary-treasurer and by counsel. All participated in the hearing. Although no witnesses were called, full opportunity to be heard, to examine and cross-examine witnesses , and to introduce evidence bearing upon the issues was afforded all parties. During the hearing the parties stipulated with respect to the issues involved herein. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Baltimore Insular Line, Inc., a corporation having offices in New York City, is engaged in the general shipping business, carrying passengers and merchandise for hire in interstate commerce. It employs approximately 95 employees as unlicensed personnel aboard its vessels. - - We find that the Company is engaged in traffic, transportation, and commerce among the several States, and that the unlicensed per- sonnel employed by the Company aboard its vessels are directly engaged in such traffic, transportation, and commerce. H. THE ORGANIZATIONS INVOLVED Seafarers' International Union of North America, affiliated with the American Federation of Labor, and National Maritime Union, affiliated with the Congress of Industrial Organizations, are labor organizations admitting to, membership all seamen in deck, engine, 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and stewards' departments who are not required by the United States Bureau of Marine Inspection and Navigation to hold licenses. III. THE QUESTION CONCERNING REPRESENTATION On April 8, 1938, the Board certified the N. M. U. as the exclusive representative for the purposes of collective bargaining of the un- licensed personnel employed by the Company on its vessels operated out of Atlantic and Gulf ports 2 Thereafter, the N. M. U. on sev- eral occasions requested that the Company bargain with it as the representative of the aforesaid employees of the Company, but no contract has ever been consummated between the Company and the N. M. U. or any other labor organization as such representative. On January 24, 1940, the S. I. U., in a letter to the Company, claimed that it represented a majority of the unlicensed personnel employed by the Company aboard its vessels, and requested that the Company bargain collectively with it as such representative. The Company declined to grant the request of the S. I. U. on the ground that it was precluded by the Board's prior certification of the N. M. U. At the hearing there was introduced in evidence an analysis made by the Regional Director indicating that a substantial number of the unlicensed personnel employed by the Company on March 25, 1940, are members of the S. I. U.3 The N. M. U. claims to represent all the unlicensed personnel employed on the Company's ships by vir- tue of the Board's prior certification. Inasmuch as a considerable pe- riod of time has elapsed since the Board's certification of the N. M. U. we hold that it does not constitute a bar to the present investigation.' We find that a question has arisen concerning the representation of employees of the Company, and that this question, occurring in connection with the operations of the Company described in Section I, tends to lead to labor disputes burdening and obstructing,tra'ffic, commerce, and transportation and the free flow of traffic, commerce, and transportation. 2 Matter of American France Line et at ( Baltimore Insular Line, Inc) and Inter national Seamen's Union of America , Case No. R-157, 6 N L R B. 526 3 The Regional Director reported that the S I U had submitted to her a petition desig- nating the S I. U to represent the signers for the purposes of collective bargaining, beating 109 apparently genuine signatures , of which 64 appeared to be the signatures of persons on the Company 's pay roll of March 25, 1940 , that, in addition, the S I U sub- mitted its membership roster and dues record containing the same, 64 names ; that the N M U submitted no proof of its membership or other designation as collective bargain- ing agent by employees in the appropriate unit , but claimed to iepiesent all such em- ployees by virtue of the Board's prior certification 40n March 26 , 1940 , the Company filed a petition with the Board reciting that the S. I. U and the N. M U had made conflicting claims and demands for recognition as exclu- sive baigaining representative of the unlicensed personnel aboard its vessels , and request- ing an investigation and certification pursuant to Section 9 (c) of the Act The Board having directed an investigation and hearing in connection with the petition filed by the S I U. on March 4 , 1940, dismissed the Company 's petition on August 9, 1940 BALTIMORE INSULAR LINE,, INC. IV. THE APPROPRIATE UNIT 429 At the hearing, all parties agreed that a unit consisting of the unlicensed 5 personnel in the deck, engine, and stewards' depart- ments, excluding wireless and radio operators, chief electricians on electrical driven ships,° and junior engineers who hold licenses,' employed on vessels operated by the Company constitute a unit appropriate for the purposes of collective bargaining." We see no reason to depart from the agreement of the parties as to the definition of-the appropriate unit, which corresponds to that which the Board found appropriate in its prior decision.9 We find that the unlicensed personnel in the deck, engine, and stewards' departments, excluding wireless and radio operators, chief, electricians on electrically driven ships, and junior engineers who hold licenses, employed on the vessels operated by the Company con- stitute 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 collective bargaining, and otherwise effectuate the policies of the Act. V. THE DETEP,DIINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. I 5 Referring to licenses from the United States Bureau of Marine Inspection and Navi- gation. - O The Company's counsel stated at the hearing that the Company does not at present operate any electrically diiven ships ' It appears that junior engineers may not be required to hold licenses. See Matter of American Prance Lane et at (l3altemore-Insular Line, Inc ) and International Seamen's Union of America, 3 N L. R. B 64, 70. We interpret the 'agreement of me parties to mean that only such junior engineers as actually hold licenses are excluded from the appropriate unit. - 8 By written stipulation introduced in evidence at the hearing, the 'S. I U and the 'N. M. U. agreed that the appropiiate unit should consist of unlicensed personnel, with the exclusions above stated, employed by the Company aboard ships operated out of Atlantic and Gulf ports At the hearing the Company contended that the restriction to ships operated out of Atlantic and Gulf ports should be eliminated The S I U agreed with this contention , the N M U. expressed no opposition Counsel for the Company also indi- cated at the hearing that the Company desires that the unit include employees on ships which it may hereafter' acquire The Company at the present time, as well as in the fall of 1937 when the election was conducted pursuant to the Board's prior Decision and Direc- tion of Election, operates only four ships Governor John Line, Delfina, De Lisle, and Major Wheeler The present proceeding is concerned only with the investigation and certification of a bargaining representative of the Company's employees aboard these four ships. While the appropriate unit, as defined herein, may include employees of the Com- pany aboard other ships which it may acquire at some indefinite time in the future, the Board cannot speculate with respect to the Company's future expansion, and all the contingencies which may arise affecting the appropriateness of the unit to include un- licensed personnel employed by the Company on all its ships, under changed conditions. Any such questions must be decided as they arise Matter of American Prance Line et at. (Baltimore-Insular Line, Inc ) and International Seamen's Union of America, 3 N. L R B 64, 70 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We shall direct that elections on the Company's ships shall be conducted as soon as possible under the direction and supervision of the Regional Director for the Second Region, who shall determine, in her discretion, the exact time and place and procedure for posting notices of election and for balloting on each ship, provided, however, that each ship be posted with a notice of election, a sample ballot, a list of employees eligible to vote, and a notice of the time and place where balloting will be conducted, at some port of call prior to the port where balloting is to be conducted, or, in the event that a ship is to be posted and voted in the same port without an intervening trip, at least 48 hours before balloting is conducted. Those eligible to vote will be the employees in the appropriate unit who are employed on a ship operated by the Company when it is posted and who are still so employed at the time balloting takes place, provided, however, that if any person so employed be trans- ferred from one ship of the Company to another during the period when the elections are being conducted, he shall be entitled to vote but once. Upon the basis of the foregoing 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 Baltimore Insular Line, Inc., New York City, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. The unlicensed personnel in the deck, engine, and stewards' departments, excluding wireless and radio operators, chief electri-, cians on electrically driven ships, and junior engineers who hold licenses, employed on the-vessels operated by Baltimore Insular Line, Inc., constitute a unit appropriate for the purposes of collective bar-' gaining'within the meaning of Section 9 (b) of the 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, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to determine representatives for the purposes of collective bargaining with Baltimore Insular Line, Inc., New York City, elections by secret ballot shall be conducted as soon as convenient, and beginning as I BALTIMORE INSULAR LINE', INC. 431 promptly as practicable after the date of this Direction, in conformity with the instructions set forth in Section V, above, for the conduct of the elections, under the direction and supervision of the Regional Director for the Second 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 the unlicensed per- sonnel in the deck, engine, and stewards' departments, excluding wire- less and radio operators, chief electricians on electrically driven ships, and junior engineers who hold licenses, employed on the vessels oper- ated by Baltimore Insular Lune, Inc., to determine whether they desire to be represented by Seafarers' International Union of North America, or by National Maritime Union of America for the purposes of collective bargaining, or by neither.