Seas Shipping Co., Inc.

In the Matter of SFAS SHIPPING COMPANY , INC. (ROBIN LINE) and SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA , A. F. of L. Case- No. R-00.33-Decided September 3. 5, 1940 Jurisdiction : water transportation industry. Investigation and Certification of Representatives : existence of question;-•-re- fusal to accord recognition to the union : request that certification be obtained; election necessary. Labor organization excluded from ballot because of failure to show that it had been designated by any employees within appropriate unit as their bargaining representative. Unit Appropriate for Collective Bargaining : unlicensed personnel in the deck, engine, and stewards' department, except wireless and radio operators, and junior engineers who hold licenses. Mr. Lawrence Fisk and Mr. Frank B. Barns, of New York City, for. the Company. Mr. Charlton Ogb-urn, by Mr. C. C: Johnson, of New York City, and Mr. John Hawk, of New York City for the S. I. U. - Mr. William L. Standard, by Mr.- Louis H. Rubenstein, of New- York City for the N. M. U. Mr. Robert F. Kore.tz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 4, 1940, Seafarers' International Union of North Amer- ica,_ herein called the S . I. U., filed a petition with the Regional Director for "the Second Region (New York City), on March 23, 1940, an amended petition , and on July 23; 1940, a second amended petition, alleging that a question affecting commerce had arisen, concerning the representation of employees of Seas Shipping Com., pany, Inc., New York City, herein called the Company , and re- questing an investigation and certification of representatives pursu- ant 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 toi.Secti_oii 27 N. L R. B., No. 97 460 SEA'S SHIPPING COMPANY, INC. (ROBIN LINE) 461 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions 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 upoi>, due notice. On August 23, 1940, the Regional Director issued a notice of hear- ing, copies of which, together with copies of the second amended petition, were duly served upon the Company, the S. I. U., and National Maritime Union of America, herein called the N. M. U., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice and to subsequent notices of postponement and of advancement of hearing, a hearing was held on September 5 and 6, 1940, at New York City, before Martin I. Rose, the Trial Examiner duly designated by the Board. The Company, the S. I. U., and the N. M. U. appeared and, were represented by counsel. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and ci•oss- examine witnesses, and to introduce evidence bearing on the issues. -During the course of the hearing, the Trial Examiner-made several rulings on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Seas Shipping Company, Inc., a New York corporation with its principal\otfice in New York City, is engaged in the business of trans- porting freight and occasional passengers between the United States and Africa. Iii the conduct of its business the Company operates the following vessels having as their home port New York City : the Robin Hood, Robin Goodfellow, Robin Adair, Robin Grey, Greylock, Maine, Pipestone County, West Iinboden, and Algic. In Africa these vessels call at all ports from Capetown to Beira in -South Africa and up the east coast of Africa to Mombasa. The total unlicensed personnel employed by the Company on its vessels numbers approximately 239. , The Company admits, and we find, that it is engaged in trans- portation and commerce among the several States and between -the United States and foreign countries, and that the unlicensed person- nel employed by the Company on the afore-mentioned vessels are directly engaged in such transportation and commerce. 'The Company's ships also receive and discharge cargo at the ports of Philadelphia, Pennsylvania, and Baltimore, Maryland. 462 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Seafarers' International Union - of North America, affiliated with American Federation of Labor, and National Maritime Union of America, affiliated with Congress of Industrial Organizations, are labor organizations admitting to membership. unlicensed personnel employed in the deck, engine, and stewards' departments of the vessels operated by the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 13, 1938, the Board certified the predecessor of the S. I. U. as the statutory representative of the unlicensed personnel employed in the -deck, engine, and stewards' departments, except wireless and radio operators, chief electricians on electrically driven ships, and junior engineers who hold licenses, on the vessels operated out of Atlantic and Gulf ports by the Company.' In a letter to the Com- pany dated January 20, 1940, the S. I. U. claimed that a majority of the unlicensed personnel employed aboard the Company's vessels had designated it as their representative for the purposes of collective bargaining and requested a conference to negotiate an agreement with the Company. The Company declined to grant the request of the S. I. U. on the ground that it was precluded by the afore-mentioned certification of the Board, and refused to grant recognition or other- wise bargain collectively with the S. I. 'U. as statutory representative until the S. I. U. was certified as such representative by the Board. At the kiearing there was introduced in evidence a report prepared by the Regional Director showing that a substantial number of em- ployees in the unit hereinafter found to be appropriate have desig- nated the S. I. U. as their representative for the purposes of collective bargaining.3 Although the N. M. U. claimed that it had been desig- 2 Matter of American France Line, et at. (Seas Shipping Company, Inc.) and Interna- tional Seamen's Union of America, 6 N. L R. B. 559 In those proceedings "International Seamen's Union of North America, or its successor, affiliated with the American Federation of Labor," was certified as statutory representative. Thereafter, on May 25, 1938, the Board issued a Supplemental Decision and Amendment to Certification of Representatives in which it found that American Federation of Labor had granted exclusive jurisdiction to American Federation of Labor Seamen's Union No 21420 to replace jurisdiction formerly vested in and surrendered by the Atlantic and Gulf Districts of International Seamen's Union of America, and accordingly directed that the afore-mentioned certification be amended by the substitution of American Federation of Labor Seamen's Union No. 21420 as statutory representative. Matter of American Fiance Line, et at and Interna- tional Seamen's Union of America, 7 N. L. R. B. 439 In or about October 1938 :American Federation of Labor recalled the federal charter of Aniei lean Federation of Labor Sea- men's Union No 21420, and issued an international charter to Seafarers' International Union of North America as its successor 3 The Regional Director reported that the S I. U had submitted to her petitions dated March 24 and July, 26, 1940, bearing 144 appaienti^ genuine signatures, in which the signets designated the S. I U as their representatn e foi the purposes of collec- tive bargaining ; that all of the said 144 signatures appear to be those of poisons 0r hose names are on the Company's pay roll of July 31, 1940, «hich contained the names of 239 SEAS SHIPPING GOPIPANY, INC.(ROBIN LINE) 463`. nated by employees of the Company as their representative for the purposes of collective bargaining, it has failed to make any showing-- in support of its claim.' The .Company admitted, and 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 obstruct- ing commerce and the free flow of commerce. IV. THE APPROPRIATE UNIT The parties stipulated that all the unlicensed personnel employed on vessels operated by the Company in the deck, engine, and stewards'- departments, except wireless and radio operators, and junior engineers- who hold licenses, constitute a unit appropriate for the purposes of collective bargaining. We see no reason to alter the agreement of the parties as to the definition of the appropriate unit, which is substantially the same as that found appropriate in our prior De- cision involving the same parties.s We find that all, the unlicensed personnel employed on vessels. operated by the Company in the deck, engine, and steward's depart- ments, except wireless and radio operators, and junior engineers who hold licenses, constitute a unit appropriate for the purposes of collec- tive bargaining and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Since, as- pointed out above, the N. M. U. made no showing that any employees of the Company have designated it as their representative for the purposes of collective bargaining, we shall not include the name of the N. M. U. upon the ballot in the election which we shall direct. persons in the unit alleged in the petition to be appropriate; and that, in addition, the S I U. submitted its membership roster and dues record containing the names of 203 persons ' Prior to and on the first day of the hearing a request was made that the N. M U. sub- mit evidence of designation. On the second and final day of the hearing, September 6, 1940, in response to the N. M. U 's request for an adjournment for the purpose of obtaining such evidence, the Tiial Examiner, with the consent of all the parties, allowed the N. M U until 2 • 00 p in. on September 9, 1940, to submit evidence of designation to the Regional Director, with the proviso that the Regional Director would submit a statement in regard thereto for inclusion in the record, or, in the event that no evdence was sub- nutted, a statement to that effect for inclusion in the record. The Regional Director has submitted a statement dated 11 : 00 a. in , September 10, 19401 stating that no evidence had been submitted to her by the N. M U. in support of its claim of designation 5 Matter of American France Line, et at (Seas Shipping Company, Inc) and Inter- national Seamen's Union of America, 3 N. L R. B 64. 464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We shall direct that elections on the Company's ships shall be con- ducted as soon as convenient and beginning as promptly as is prac- ticable after the date of this Direction of Election, under the direction and supervision of the Regional Director, who shall determine, in her discretion the exact time, place, and procedure for posting notices of election and for balloting on each ship, provided, however, that each vessel will 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 in the United States prior to the poi;t where balloting is conducted, or, in the event the vessel 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 in the election will be the unlicensed per- sonnel employed by the Company within the appropriate unit, who are employed on a vessel operated by the Company when it is posted and who are still so employed at the time balloting takes place, pro- vided, however, that if any person so employed be transferred 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: I CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the Iepre- sentation of employees of Seas Shipping Company, Inc., New'York City, within the, meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All the unlicensed personnel employed on vessels operated by the Company in the deck, engine, and stewards' departments, except wireless and radio operators, and junior engineers who hold licenses, constitutes a unit appropriate for the purposes of collective bargain- ing, within the meaning of Section 9 (b) of the National Labor Re- lations Act. DIRECTION OF ELECTION By. virtue of and pursuant to the power vested in the National Labor Relations Board of Section 9 (c) of the National Labor Re- lations 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 bargain- ing with Seas Shipping Company, Inc., New York City, an election by secret ballot shall be conducted as soon as convenient and begin- SEAS SHIPPING COMPANY, INC. (ROBIN LINE) 465 ping as promptly as practicable after the date of this Direction of Election in conformity with the rules set forth hereinabove for the conduct of such election, 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 all the un- licensed personnel employed on vessels operated by the Company in the deck, engine, and, stewards' departments, except wireless and radio operators, and junior engineers'who hold licenses, at the time the vessels are posted and still employed in the same capacity at the time the election is held, to determine whether or not they desire to be represented by Seafarers' International Union of North America for the, purposes of collective bargaining. 323428-42-vol. 27-31