Calmar Steamship Corp.

In the Matter of CALMAR STEAMSHIP CORPORATION and SEAFARERS' INTERNATIONAL UNION OF )\I ORTH AMERICA ,Case No. R-2057.Decided October 7, 1940 Jurisdiction : water transportation industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to the union; election necessary. Unit Appropriate for Collective Bargaining : all unlicensed personnel employed on vessels operated by the Company in the deck, engine, and stewards' de- partments, except wireless and radio operators, and junior engineers who hold licenses Cravath, DeGersdorff, Swaine c Wood, by Mr. C. A. McLain, of New York City, for the Company. Mr. Charlton Ogbvrn, by Mr. C. C. Johnson, of New York City, for the S. I. 17. Mr. Robert F. Koretz, of counsel to the Board. DECISION AND DIRECTION OF, ELECTION STATEMENT OF THE CASE On May 24, 1939, Seafarers' "International Union of North America, herein called the S. I. U., filed a petition with the Regional Director for the Second Region (New York City), alleging that a question affecting commerce had arisen concerning the representation of employees of Calmar Steamship Corporation, New York City, herein called the Company, and requesting an investigation and certi- fication of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 15, 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 Regula- tions-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. 27 N. L. R. B., No. 128. - 681 682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On March 25, 1940, the Regional. Director issued a notice of hear= ing, copies of which, together with copies of the petition, were duly served upon the Company, the S. I. U., and National Maritime Union of America, herein called' the N. M. U. Pursuant to the notice and to subsequent notices of postponement and of continuance of hearing duly issued and served upon the parties, a hearing was held on Sep- tember 17, 1940, at New York City, before Martin I. Rose, the Trial Examiner duly designated by the Board. The Company and the S. I. U. appeared, were represented by counsel, and participated in the hearing. The N. M. U. did not appear at the hearing.' Full op- portunity 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 ruled on a motion and on an objection 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 I. THE BUSINESS OF THE COMPANY Calmar Steamship Corporation, a Delaware corporation, is engaged in the transportation of freight between ports on the Atlantic coast of the United States and ports on the Pacific coast of the United States. The following vessels operated by the Company, each having as its port of registry New York City, are engaged in such transportation : the Calmar, Kenmar, Losmar, 0lamar, Flomar, Marymar, Massmar, Oakrnar, Oremar, Pennmcir, Portmar, Texrmar, Vermar, and Yorkmar. The chief ports of call of these vessels on the Atlantic coast are Balti- more, Maryland; Philadelphia, Pennsylvania; New York and Albany, New York; Newark, New Jersey; and Boston, Massachusetts. The chief ports of call of these vessels on the Pacific coast are Alameda, Oakland, San Pedro, and San Francisco, California; Portland and Warrenton, Oregon; and Aberdeen, Long View, Seattle,,Tacoma, and Vancouver, Washington. The total unlicensed personnel employed by the Company on its vessels numbers approximately 364. The Company admits, and we find, that it is engaged in trade, traffic, commerce, and transportation among the several States, and that the unlicensed personnel employed by the Company on the afore- mentioned vessels are directly engaged in such trade, traffic, commerce, and transportation. 1 The Regional Director , in a statement concerning claims of authorization for the pur- pose of representation , dated September 12, 1940 , reported that the N . M. U failed to submit any evidence in support of its claim of designation, although requested to do so. CALMAR STEAMS}UP CORPORATION H. THE ORGANIZATION INVOLVED 683 Seafarers' International Union of North America is a labor organi- zation 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 In letters to the Company, dated November 27 and December 6,- 1939, respectively, the S. I. U. claimed that a majority of the unlicensed personnel employed aboaid the Company's vessels had designated it as their representative for the purposes of collective bargaining and re- quested a conference-to negotiate an agreement with the Company. Although the Company did not reply to these letters, conferences were thereafter held between representatives of the Union and the Company at which the Union "submitted a proposed exclusive bargaining contract to the Company. The Company takes the position that it does not know whether the S. I. U. in fact has been designated by a majority of the Company's unlicensed personnel, and it therefore refused and continues to refuse to recognize the S. I. U. as exclusive representative of said employees until the question of majority designation is deter- mined. evidence a,report prepared • At the hearing there was introduced in* 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.2 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 S. I. U. and the Company agreed that all the unlicensed per- sonnel employed on vessels operated by the Company in the deck, en- gine, and stewards' departments, except wireless and radio operators, 2 The Regional Director reported that the S . I. U. had submitted to her membership and glues records containing 218 names of persons whose names appear on the crew lists of unlicensed personnel of each of the Company's vessels, excluding the Kenmar, Calmar, and Losmar ; that said crew lists , dated as of certain dates between May 25, 1940, and August 9, 1940 , contained 286 names ; and that the S. I. U. also submitted to her member- ship and dues records containing 61 names purporting to be the names of unlicensed per- sonnel employed on the Kenmar, Calmar, and Losmar, but that inasmuch as crew lists for said vessels were not available at the time of the Regional Director's investigation, no statement on such claims of authorization could be made . The S. I U also submitted to the Regional Director certain petitions which, among others , were introduced into evidence at the hearing and which we consider infra in Section V. - 684, DECISIONS OF NATIONAL -LABOR -RELATIONS BOARD and junior engineers who hold licenses,.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 appropriate unit, which is the same as that found appropriate in a prior Decision and Direction of Elections involving' unlicensed personnel employed by the Company.3 We find that all the unlicensed personnel employed on vessels oper- ated 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 and that said unit will insure to the employees of the Com- pany the full benefit of their right to self-organization and to collec- tive bargaining and otherwise effectuate the policies of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES At the hearing there were introduced into evidence crew lists as of certain dates between March 22 and August 22, 1940, of the unlicensed personnel on each of the Company's vessels, showing that the Com- pany employs 364 persons within the appropriate unit. In support of its claim of majority designation, the S. I. U. introduced into evi- dence authorization petitions dated between March 20 and September 11, 1940, and authorization cards, some without date and the remainder dated in or before July 1939.4 Counsel for the Company did not challenge the authenticity of the signatures appearing 'on these peti- tions and cards, and stated that the Company had no objection to the S. I. U.'s request that it be certified upon the evidence in the record. An analysis of the afore-mentioned instruments shows that approxi- mately 175 of the names appearing as signatures on the authorization petitions and approximately 12 additional names appearing as signa- tures on the authorization cards also appear upon the crew lists. We believe that the 12 authorization cards were signed as of too remote i period to justify a finding that the signers now desire the S. I.'U. to represent them.' Under the circumstances, we find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. 3Matter_of American France Line, at at ( Calmar Steamship Corporation ) and Inter- national Seamen's Union of America, 3 N L. R B 64 ' In those proceedings , the definition of the appropilate unit differed only in that chief electricians on electrically driven'ships were also excluded from the unit . In the instant proceedings the record shoes that the Company does not operate or contemplate operating any electrically driven ships. 4 Although the Regional Director reported that additional evidence of designation was submitted by the S I U to her ( see footnote 2, sapia), this evidence was not introduced at the hearing Cf Matter of Ocean Steamship Company of Savannah and United Licensed Officers of the United States of America, 2 N L. R B 588 ' CALMAR- STEAMSHIP CORPORATION " 685' We shall • direct that elections" on the Company's ships shall. be con- ducted as soon as convenient and beginning as promptly as is practi- cable 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 -^essel 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 port where balloting is conducted, or, in the event the vessel i's to be posted and voted in the same port without' an intervening trip, at least 48 hours before balloting is conducted. Those eligible to votd in the election will be the unlicensed' personnel 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, provided, 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. I 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 Calmar Steamship Corporation, 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, constitute a unit appropriate for the purposes of collective bargain- ing, 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, 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 Calmar Steamship Corporation, New York City, an election by secret ballot shall be conducted as soon as convenient and beginning 686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 an 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 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, 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. .