Coney Island, Inc.

In the Matter of CONEY ISLAND, INCORPORATED and BUILDING SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL No. 158-A Case No. R-0977.Decided October 11, 1941 Jurisdiction : water transportation industry. Practice and Procedure : petition dismissed without prejudice to the filing of another petition upon the expiration of a contract between a rival union and the Company. Mr. Edward L. Schott, of Cincinnati, Ohio, for the Company. Mr. Jake W. Brown and Mr. W. H. Mohlman, of Cincinnati, Ohio, for the A. F. of L. Mr. George E. Rice, of Cincinnati, Ohio, for the N. M. U. Mr. William H. Bartley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On August 7, 1941, Building Service Employees International Union, Local No. 158-A, affiliated with the American Federation of Labor, herein called the A. F. of L., filed with the Regional Director for the Ninth Region (Cincinnati, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Coney Island, Incorporated, Cincinnati, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 3, 1941, 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 September 4, 1941, the Regional Director issued a notice of hearing and on September 8, 1941,' a notice of adjournment and notice of hearing, copies of which were duly served upon the. Company and the A. F. of L. and upon Inland Boatmen's Division, 36 N. L. R. B., No. 6. 53 04 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Maritime Union of America, affiliated with the Congress of Industrial Organizations, herein called the N. M. U., a labor organ- ization claiming to represent employees directly affected by the in- vestigation, and Local 363, Hotel and Restaurant Employees Union affiliated with the A. F. of L Pursuant to notice, a hearing was held on September 13, 1941, at Cincinnati, Ohio, before Alba B. Martin, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the A. F. of L., and the N. M. U. were represented and participated 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 various 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 com- mitted. 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 Coney Island, Incorporated, has its office in Cincinnati, Ohio, and owns and operates an amusement park known as Coney Island on the Ohio River about 8 or 10 miles east of Cincinnati and also operates an excursion boat known as the S. S. Island Queen. This proceeding concerns only the employees of the Company who work on the S. S. Island Queen. The S. S. Island Queen operates on the Ohio River approximately 95 per cent of the time and on the Mississippi River the remaining portion. Beginning in the spring of the year, excur-' sions are conducted to towns along the Ohio River between Gahipolis, Ohio, and Evansville, Indiana, for a period of 2 or 3 weeks. Excur- sions are then conducted in Cincinnati until the amusement park opens in the latter part of May, and thereafter the boat is used as a trans- portation vessel to carry passengers from downtown Cincinnati to Coney Island and back. After Labor Day, which closes the Coney Island season, the S. S. Island Queen again makes excursions to points along the Ohio River and into the Mississippi River as far as Memphis, Tennessee. On or about October 15 the S. S. Island Queen returns to Cincinnati, where it remains in harbor for the winter. During the season the S. S. Island Queen docks at points within the States of Ohio, Kentucky, Illinois, Indiana, and Tennessee. i This union did not appear at the hearing. It appears from the record that this union represents employees not directly affected by the investigation. CONEY ISLAND, INCORPORATED II. THE ORGANIZATIONS INVOLVED 55 Inland Boatmen's Division, National Maritime Union of America,. is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. Building Service Employees International Union, Local No. 158-A, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 4, 1941, the A. F. of L. requested that the Company recognize it as the exclusive representative of certain of its employees. On August 5, 1941, the Company replied that it was unable to recog- nize the A. F. of L. because of an existing contract with the N. M. U. The N. M. U. maintains that the contract is a bar to this proceeding. . The Company first signed a contract with the N. M. U. on July 20, 1939. Virtually the same terms were included in a second contract signed by the parties on March 20, 1940. This contract provides that it should continue in force until March 1, 1941, and from year to year thereafter, unless, 30 days before the expiration of any 1-year period, either party gives notice of its desire "to alter [the contract] in part or in whole." As a result of notice given before the expiration of the first year of this contract, certain modifications, not herein material, were made and put into effect on April' 30, 1941. It does .not appear that the provisions relating to the continuance of the 'contract from year to year were altered at that time. Under its terms, therefore, the contract ' is not subject to alteration or termi- nation until March 1, 1942 2 The current contract recognizes the N. M. U. as the exclusive bargaining representative of all the un- licensed personnel employed on deck and in the engine and fire rooms, on the Island Queen.3 Under the circumstances, we are of the opinion that no election should be ordered or representatives certified at this time, and we shall, ac- cordingly, dismiss the petition of the A. F. of L. for an investigation 2 In a letter to the Board dated August 26, 1941, the N. M. U. stated that its current contract "was renewed on April 1, 1941, and will continue in effect until April 1, 19421' As noted above, however, there is no evidence that the provisions of the contract pro- viding for its continuation up to March 1, 1941, and from year to year thereafter were altered by the parties in April 1941. A letter embodying the alterations agreed upon in April 1941 was introduced into evidence and makes no reference to the provisions for continuation of the contract. 8 The contract also provides that "the Company agrees to give preference in employment to members of the Union when new help is required" and that "No member of the Union who loses his good standing in the Union will be retained in its employ upon due notifica- tion by the Union." The unit alleged by the A. P. of L. to be appropriate was identical with the unit covered by the contract between the Company and the N. M. U. 4 56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and certification of representatives. This dismissal, however, shall be without prejudice to the right of the A. F. of L. to renew the petition at a reasonable time before March 1, 1942, the date on which the con- tract will be renewed unless altered or terminated in accordance with its provisions.4 Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION OF LAW No question concerning the representation of employees of Coney Island, Incorporated, Cincinnati, Ohio, exists within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board hereby dismisses the petition for investigation and certification of representatives filed by Building Service Employees International Union, Local No. 158-A, affiliated with the American Federation of Labor, without prejudice to renewal at a reasonable time before March 1, 1942, the date on which the con- tract now in existence between the Company and the National Mari- time Union will be renewed unless altered or terminated in accordance with its provisions. 4Matter of American Hair & Felt Company and Jute, Hair & Felt Workers Local #163 (United Furniture Workers o f America, CIO ), 15 N. L. R. B. 572; Matter of The National Sugar Refining Company of New Jersey, L. I. City Refinery and Local 1476, Sugar Refinery Workers, International Longshoremen's Association, 10 N. L. R. B. 1410.