American France Line et al. (Seatrain Lines, Inc.)

National Labor Relations Board - Board Decisions

Jan 16, 1939

10 N.L.R.B. 1169 (N.L.R.B. 1939)

In the Matter of AMERICAN FRANCE LINE et al. ( SEATRAIN LINES,
INC.) and INTERNATIONAL SEAMEN'S UNION OF AMERICA
Case No. R-157
SUPPLEMENTAL DECISION
AND
ORDER
January 16, 1939
On July 16,1937, the National Labor , Relations.Board,.herein.called
the Board, issued a Decision and Direction of Elections in the above-
entitled case.' The Direction of .Elections directed that elections by
secret ballot be conducted among 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 52 named companies, including Seatrain
Lines, Inc., New, York City. By a Supplemental Decision and Direc-
tion of Elections, issued September 17, 1937, similar elections were
directed to be held in nine additional companies.2 Supplemental or
amended decisions have also been issued in this case on August 16,
September 11, and November 10, 1937,-and May 25, 1938, dealing with
various matters which need not be set forth in detail here.3
Pursuant to these Decisions and Directions of Elections, balloting
was conducted under the direction and supervision of Elinore More-
house Herrick, the Regional Director for the Second Region (New
York City), on the three vessels operated out of Atlantic and Gulf
Ports by Seatrain Lines, Inc., on October 5, 6, and 12, 1937, respec-
tively. On September 16, 1937, prior to the conduct of the balloting,
a charge was filed with the Regional Director for the Second Region
by National Maritime Union, alleging that Seatrain Lines, Inc.,
herein called the Company, had engaged in unfair labor practices
affecting commerce, within the meaning of Section 8 (1) and (3) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, by the discharge of the crews of two of the three vessels of the
13 N. L. R. B. 64.
23 N. L. R. B. 80.
8 3 N. L. R . B. 74, 3 N. L. R. B. 76, 4 N. L. R B . 112. and 7 N. L. It. B. 439, respectively.
10 N. L. R. B., No. 106.
1169
1170 NATIONAL LABOR RELATIONS BOARD
Company during August 1937 for the reason that said crews were-
members of National Maritime Union. In conformity with Board
practice, the Regional Director for the Second Region suspended
opening the ballot boxes and counting the ballots cast by the em-
ployees of the Company until, the charge had been disposed of. On
November 17,- 1938, after investigation, the said Regional Director
refused to issue a complaint on the charges. On November 18, 1938,
National Maritime Union appealed to the Board, in accordance with
Article II, Section 9, of National Labor Relations • Board Rules
and Regulations-Series 1, as amended, for a review of the action
of the said Regional Director. On December 10, 1938, the Board
affirmed the action of the Regional Director.
As a result of the filing of the charge, the necessary investigation
thereof, and the consideration of the appeal, a period of 17 months
has elapsed since the Direction of Election was issued and almost 15
months since balloting was conducted. Because of this lapse of time,
we deem it inadvisable to count these ballots and issue a certification
based thereon, lest such certification misrepresent the -choice of the
crews employed on the vessels of the Company at the present time.
We shall, accordingly, order that the petition for investigation and
certification be dismissed, but without prejudice to the right of any
employee or representative of any employees of the Company to file
immediately a new petition requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the Act.4
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act, 49P
Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of the unlicensed personnel of Seatrain
Lines, Inc., be, and it hereby is, dismissed.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Supplemental Decision and Order.
* See Matter of Bamberger-Reinthal Company and International Ladies' Garment
Worker8 Union, 9 N. L . R. B. 1057.