Agwilines, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1936

2 N.L.R.B. 390 (N.L.R.B. 1936)

0
In the Matter of AGWILINES, INC.., IN. THE OPERATION of CLYDE
MALLORY LINES- and NATIONAL MARINE ENC"INEERS' BENEFICIAL
ASSOCIATION, LOCAL No. 33
Case No. 8.112.Decided November 30, 1936
Water Transportation Industry-Election Ordered: controversy concerning
representation of employees-request by substantial number in appropriate
unit ; rival organizations ; substantial doubt as to majority status-question
affecting commerce : confusion and unrest among employees-Unit Appropriate
for Collective Bargaining : community of interest ; craft; established labor
organizations in industry ; licensed personnel ; occupational differences-Certi-
/lcation of Representatives.
Mr. David A. Moscovitz for the Board.
Mr. William J. Dean, of New York City, for the Company.
Mr. E. P. Trainer, of New York City, for National Marine Engi-
neers' Beneficial Association.
;Mr: William Gallagher, of New Yolk City, for International
Union of Operating Engineers..
Mr. Bert Todd ,and Captain John F. Milliken, of New York City,
for United Licensed Officers of the United States of America.
Mary Lennon Schleifer, of counsel to the Board.
DECISION -
STATEMENT OF CASE
On October 6, 1936, National Marine Engineers' Beneficial Asso-
ciation, Local No. 33, hereinafter referred to as M. E. B. A., filed a
petition with the Acting Regional Director for the Second Region
alleging that a question affecting commerce had arisen concerning
the representation of the licensed marine -engineers employed on
the Clyde-Mallory Lines, New York, New York, and requesting an
investigation arid certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449; hereinafter
referred to as the Act. On October 20, 1936, the National ,Ltibor
rRelatioli I3oaid; ,hereinafter' `referred''t'o"as'the Board;_ authorized
the Acting Regional Director to conduct an investigation and pro-
vide for an appropriate hearing. On October 24, 1936, the Acting
Regional Director issued notices of a hearing to be held in New York,
New York, on November 2, 1936. Copies of the notice of hearing
were duly served upon the Company, M. E. B. A., United Licensed
390
, DECISIONS: AND, ORDERS 391'
40fficers of the United States, of America and International Union'
of Operating Engineers, Local No. 3, the two latter organizations
having been named in the petition as organizations claiming to
represent licensed marine engineers employed by the Company.
Pursuant to the notice, a hearing was held in New York, New
York on November 2, 1936, before Walter Wilbur, the Trial Exam-
iner duly designated by the Board. All who were served with notice
were represented at the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses and to introduce evidence bear-
ing on the issue was afforded all parties. Some objections to the
admission of evidence were made by the representatives of the vari-
ous parties. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rul-
ings are hereby affirmed.
On November 19, 1936, a stipulation was entered into by the
tCompany and by counsel for the Board providing that ". . . the
proper designation of the Company referred to as `Clyde Mallory
Lines' in the proceedings Clyde Mallory Lines and National Marine
Engineers' Beneficial Association Local No. 33.... is 'Agwilines,
Inc. in the operation of the Clyde Mallory Lines' and that the
'Company shall henceforth be designated in this case as Agwilines,
Inc. in the operation of the -Clyde Mallory Lines." "
Upon the evidence adduced at the hearing and from the entire
record now before it, the Board makes the following :
FINDINGS OF FACT
1. THE COMPANY
Agwilines, Inc. is it corporation duly organized and existing under
the laws of the 'State of Maine. Clyde-Mallory Lines is a trade
name under which. Agwilines,,Inc., as one branch of its activities,
operates vessels for the transportation of freight and passengers in
n coastwise service between ports on the eastern and southern coasts
,of the United States.'
Sixteen vessels are regularly employed in the Clyde-Mallory Lines.2
Two of these vessels 3 operate from Boston to New York and return,
-one' between New Orleans, Louisiana .and Tampa, Florida, and one 5
'For a more complete description of the operations of Agwilines , Inc., see In the Mat-
ter of Agietlines, Inc., and International Longshoremen's Association, Local No. 140.9,
Case No C-103, decided July 3, 1936 ( supra, p. 1)
2 These vessels are the Iroquois , Shawnee, -Cherokee, - Seminole , Algonquin, Henry R
11al1cry, Medina, Agwidale , Brazos, Alamo , Colorado, Norfolk, Oneida, Osage, Ozark and
'Pawnee
s Oneida and, Osage
* Pawnee
-1 Ozark.
392 NATIONAL LABOR- RELATIONS 'BOARD
between New Orleans and Miami, and Jacksonville, Florida. The'
remaining 12 ships are operated on regular schedules from New-
York to various Atlantic and Gulf ports, including Charleston,
South Carolina; Jacksonville, Miami, Key West and Tampa, Flor-
ida; New Orleans, Louisiana; and Galveston, Texas. In addition,.
during the winter season certain of these ships also call at the ports.
of Nassau, Bahama Islands and Havana, Cuba.
All of these 16 vessels-are registered out of the port of New York.
The two vessels plying between Florida and New Orleans come, into,
the port of New York only very occasionally for repairs or- for-
similar service. All of the other vessels come into the port of
New York regularly. The activities and operations of all of the
vessels operated under the name Clyde-Mallory Lines are directed-
from the office of Agwilines, Inc. in New York, New York. Branch
offices called "Agencies" are maintained in Atlanta, Georgia; Bir-
mingham, Alabama; Boston, Massachusetts; Charleston and Colum-
bia, South Carolina; Chattanooga and Memphis, Tennessee;
Chicago, Illinois; Dallas, El Paso, Fort Worth, Houston, San An-
tonio and Galveston, Texas; Jacksonville, Key West, Miami, Orlando,.
St. Petersburg and Tampa, Florida ; Los Angeles and San Francisco,,
California; New Orleans, Louisiana; Philadelphia and Pittsburgh,,
Pennsylvania; Washington, District of Columbia; and Havana,,
Cuba.
A chief engineer, first assistant engineer, second assistant engi-
neer and third assistant engineer are employed on each of these'
vessels. In addition, a fourth assistant engineer is employed on the•
two largest vessels.6
We find that Agwilines, Inc. in the operation of Clyde-Mallory
Lines is engaged in transportation and commerce between the States
and between the United States and foreign countries, and that the,
engineers employed on the vessels operated in this service are directly
engaged in such transportation and commerce.
II. THE UNIONS INVOLVED
M. E. B. A. 'is a labor organization whose membership is confined
to licensed marine engineers. United Licensed Officers of the United
States of America, hereinafter referred to as U. L. 0., is a labor'
organization whose membership includes licensed deck officers and
licensed marine engineers. International Union' of Operating En-
gineers, hereinafter referred to as I. U. O. E.,'is a labor organization
affiliated with the American Federation of Labor. Its membership
includes all engineers who operate machinery generating power.
6 The Iroquois and the Shawnee.
DECISIONS AND ORDERS '
III. THE QUESTION CONCERNING REPRESENTATION
393
E. P. Trainer,, business manager of M. E. B. A., testified that be-
tween September 20 and 30, 1936, he informed B. 0. Young, superin-
tendent of the engineering personnel, that a majority of the engineers
employed on the Clyde-Mallory Lines were members of M. E. B A.
and requested that the Company bargain collectively with
M. E. B. A.; that Young requested he be given a week or two to.
consult with the men to determine whether they desired M. E. B. A.
to represent them ; that about three days later Young stated he had
talked with a few of the engineers and they were overwhelmingly
members of Al. E. B. A. and that he would notify the proper officials
of the Company of this fact and let Trainer know "how things
stand" ; and that about one week later Young notified Trainer that :
"There is only one thing you can do, and that is go ahead with your
vote and settle the question." John E. Craig, vice-president of the
Company, testified that Young did not have the authority, to bind the
Company by such statements and that so far as the Company knew
no claim had been made by any labor organization to represent these
men. It is unnecessary for us to decide whether or not the actions.
and statements of Young constituted a refusal to bargain collectively
or whether if it did the Company was bound by such a refusal, for
no charge that the Company has refused to bargain collectively
within the meaning of Section 8, subdivision (5) of the Act, has
been filed.
M. E. B. A. submitted 30 cards 7 signed by licensed marine engi-
neers now employed in the Clyde-Mallory Lines service, authorizing
M. E. B. A. to represent them for the purposes of collective bargain-
ing, and a dues receipt of one other engineer similarly employed.
Representatives of U. L. 0. and of I. U. 0. E. testified that they
had members employed as engineers in this service but did not testify
as to the number of their members so employed. It is apparent
that at least a majority of the 66 engineers employed in this service
at the present time are members of one or the' other of the three labor
organizations or desire one or the other of the three organizations
to represent them. Craig testified that the Company does not know
which labor organization the employees desire to represent them and
that the Company would want to have this question determined
before it would bargain collectively with any organization.
`WTe find that a question has arisen concerning the representation
of the marine engineers employed by Agwilines, Inc. in the operation
of Clyde-Mallory Lines.
7 Thirty-two authorization cards were submitted , but two were duplications
394 NATIONAL LABOR RELATIONS, ,,BOARD
The conflicting claims of these three, labor organizations and the
position taken by the Company as expressed by its representatives
have created uncertainty which tends to lead to labor disputes
burdening and obstructing transportation and commerce. This un-
certainty can best be resolved by the holding of an election by secret
ballot to determine which organization these employees desire to have'
represent them:
IV. THE APPROPRIATE UNIT
As previously stated, 66 engineers are now employed by the Com-
pany in the vessels operated under the name of Clyde-Mallory Lines.
All of these engineers are required to be licensed." Representatives
,of the Company, of M. E. B. A. and of I. U. 0. E. testified they
believed the licensed engineers to be an appropriate unit. Represen-
tatives' of U. L. 0. testified that they believe the appropriate unit
should include licensed deck officers as well as licensed engineers. We
leave considered this question in previous cases where the circum-
stances were the same, and came to the conclusion that the licensed
engineers constitute an appropriate unit." We find that the licensed
-chief and assistant engineers employed by Agwilines, Inc. in the
-operation of Clyde-Mallory Lines constitute a unit appropriate for
the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment and other conditions of employment.
THE ELECTION
Since the operations of all the vessels in the Clyde-Mallory Lines
are directed from the New York office of the Company,' any collec-
tive bargaining done with the Company would and should include
all licensed chief and assistant engineers employed in this line. How, -
(ever, to follow our usual procedure of posting a vessel in its home
port and allowing the eligible employees who make the trip on the
vessel so posted to vote on the return 'of the vessel to the home port
would be impractical as to the two vessels plying from Boston to'
New York and return. This is so because a crew is hired at Boston
.and new ship's articles have to be signed by members of the crew
for each trip to New York and return. It is therefore reasonable
.to assume that if the boat were posted in New York and voted on
its return to New York, the engineers who vote might not in some
cases be the same engineers who were, on the vessel when it was
8 It is not clear from the record whether all or part of these engineers axe required
by law or required only by Company regulations to be licensed Ciaig testified that
all engineers employed on these vessels were licensed engineers The number of licensed
personnel, required on a vessel .>by law , depends. upon „the type and , tonu tgeof the vessel
See: In the Matter of Panama Raul Road Company and, Narine Engineers " Beneficial
Association, Case No R-108 , decided October 21, 1936, (lsutxra,, p. 290,)„ and eases, cited
therein.
DECISIONS, AND ORDERS 39'5.
posted. As to the two vessels operating between Louisiana and
Florida, the engineers employed on them obviously cannot be voted.
in New York.
We will therefore order an election to be held under the direction-
and supervision of the Regional, Director for the Second Region
among all the licensed chief and assistant engineers employed on the
Clyde-Mallory Lines. Notices of election, a sample ballot, a list- of
the employees eligible to vote and a not-ice of the; time ' and, place
where balloting will be held shall be posted in New York on each of-
the 12 vessels which operate out of the port of New York and return,.
at the beginning of the next trip, if possible, after the issuance of the
Direction of Election and shall, remain posted until the vessel returns-
to the port of New York where balloting will take place at a time
and place to be designated by the Regional Director for the Second
Region. A similar procedure shall be followed as to the two, vessels-
operating from, Boston-to New York an& return, except that posting
and balloting shall take place in Boston. The same procedure shall
be followed as to the two vessels operating from Louisiana to Florida
and return, except that posting and balloting shall take place in New
Orleans, Louisiana.
Eligibility to vote will be limited to those persons who were em-
ployed as licensed chief or assistant engineers on any vessel in the
Clyde-Mallory Lines service between October 6, 1936, the date of the
filing of the petition in this case, and the date of the Direction of
Election and who are employed, as licensed chief' or assistant engi-
neers on a vessel in the Clyde-Mallory Lines service on' the trip at-
the conclusion of which balloting takes place:
CONCLUSIONS OF LAW
Upon the basis of the above findings of fact, the Board makes the
following conclusions of haw:
1. The licensed chief and assistant engineers employed by Agwi-
lines, Inc. in the operation of Clyde-Mallory Lines constitute a unit-
appropriate for the purposes of' col'l'ective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
2. A question affecting commerce has arisen concerning the repre-
sentation of licensed chief acid assistant engineers employed' by
Agwilines, Inc' in the operation of Clyde-Millory Lines, within the-
mneaning of Section 9 (c) 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
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8
396 NATIONAL LABOR RELATIONS' BOARD
of National Labor Relations Board Rules and Regulations-Series
1, as amended, it is
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Agwilines,
Inc., an -election by secret ballot shall be conducted as soon as con-
venient, and beginning as promptly as is practical after the date of
this Direction, in conformity with the rules set forth hereinabove for
the conduct of the election, under the direction and supervision of
the'Regional Director for the Secoiid Region, acting in this matter
.as agent of the National Labor Relations Board, and subject to Ar-
ticle III, Section 9 of said Rules. and Regulations-Series 1, as
amended, among the licensed chief and assistant engineers employed
:by .Agwilines, Inc. in the operation of Clyde-Mallory Lines, to deter-
mine whether they desire to be represented by National Marine En-
gineers' Beneficial Association or United Licensed Officers- of the
•Uliited States of America or International Union of Operating
Engineers.
'SAME TITLE]
,CERTIFICATION OF REPRESENTATIVES
May 1, 1937.
On October 6, 1936, National Marine Engineers' Beneficial Associa=
tion, Local No. 33, hereinafter referred to as M. E. B. A., filed a
petition with the Acting Regional Director for the Second Region
(New York, New York), alleging that a question affecting commerce
had arisen concerning the representation of the licensed marine
engineers employed on the vessels operated by Agwilines, Inc. in
the operation of Clyde-Mallory Lines, New York, New York, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor'Relations A't, 49 Stat.
449. On October 20, 1936, the National Labor Relations Board,
hereinafter referred to as the Board, authorized the Acting Regional
Director to conduct an investigation and provide for an appropriate
hearing. Pursuant to a notice duly served upon the parties, a
hearing, was held in New York City on November 2, 1936.
On November 30, 1936, the Board issued a Decision and Direction
of Election, in which it ordered that an election be held under the
supervision of the Regional 'Director for the Second Region among
the licensed chief and assistant engineers employed by Agwilines,
Inc. in the operation of Clyde-Mallory Lines to determine whether
they wished to be' represented 'by M. E. B. A. or United Licensed
Officers of the United' States of America, hereinafter referred to
DECISIONS AND ORDERS 397
as U. L. 0., or International Union of Operating Engineers, here-
inafter referred to as I. U. O. E. Pursuant to the rules set forth
for the conduct of the election in the Decision and Direction of
Election, balloting was conducted among the eligible employees on
,each vessel in the Clyde-Mallory Lines at some time within the
period from March 30 to April 23, 1937.
On April 27, 1937, the Regional Director for the Second, Region
filed an Intermediate Report with the Board pursuant to Article
III, Section 9 of National Labor Relations Board Rules and
Regulations-Series 1, as amended, finding that the result 'of the
balloting was as follows :
1. Total number eligible to vote---- -------- ----------------------- 56
2 Total Dumber of ballots cast__________________________________ 56
3 Total number of votes for U. L. 0____________________________ 18
4. Total number of votes for I. U. 0. E______'____________________ 3
5. Total number of votes for M. E B. A-------------------------- 29
6 Total Dumber of blank ballots_________________________________ 3
Now THEREFORE, by virtue of and pursuant to the power vested
in the National Labor Relations Board by Section 9 (c) of the
National Labor Relations Act and pursuant to Article III, Section
•8 of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that National Marine Engineers' Beneficial
Association has been selected by a majority of the licensed chief
and assistant engineers employed by Agwilines, Inc. in the operation
of Clyde-Mallory Lines, as their representative for the purposes of
'collective bargaining, and that pursuant to Section 9 (a) of the
National Labor Relations Act, National Marine Engineers' Beneficial
Association is the exclusive representative of the licensed chief and
assistant engineers employed by Agwilines, Inc. in the operation of
'Clyde-Mallory Lines for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment and-other con-
,ditions of employment.