American Steamship Co.

National Labor Relations Board - Board Decisions

Sep 30, 1940

27 N.L.R.B. 584 (N.L.R.B. 1940)

In the Matter of AMERICAN STEAMSHIP COMPANY and NATIONAL MARI-
TIME UNION OF AMERICA, AFFILIATED WITH THE C. I. O.
In the Matter of BISON STEAMSHIP COMPANY and NATIONAL MARI-
TIME UNION OF AMERICA, AFFILIATED WITH THE C. I. O.
In the Matter of JOHN J. BOLAND AND JOHN J. BOLAND, JR., and NA-
TIONAL MARITIME UNION OF AMERICA, AFFILIATED WITH TFIE C. I. O.
Cases Nos. R-2020 to R-20292, inchssive.Decided September 30, 19.40
Jurisdiction : water transportation industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of representative to prove authority ; pay roll as of date of hearing to
govern eligibility ; election necessary ; regional director granted discretion to
determine the time, place and procedure for giving notice of elections and for
balloting on each ship, provided, however, that each vessel must be posted
with a notice of election.
Unit Appropriate for Collective Bargaining : unlicensed seamen employed on all
vessels of each of the respective Companies.
Brown, Ely d Richards, by Mr. David S. Jackson, of Buffalo, N. Y.,
for the Companies. _
Mr. William L. Standard, by Mr. Max Lustig, of New York City,
for the Union.
Mr. Robert D. Allen, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On August 8, 1940, National Maritime Union of America, affiliated
with the C. I. 0., herein called the Union; filed With the Regional
Director for the Third Region_ (Buffalo, New York), three separate
petitions alleging that questions affecting commerce had arisen con-
cerning the representation of employees of American Steamship Com-
pany, herein called American, Bison Steamship Company,' herein
called Bison, and John J. Boland and John J. Boland, Jr., herein
1 Incorrectly designated in the formal papers herein as Bison Steamship Corp.
27 N. L R B, No. 110.
584
AMERICAN STE'AMSHI 'P COMPANY 585
called Boland, respectively , all of Buffalo, New York, and requesting
investigations and certifications of representatives pursuant to Sec-
tion 9 ( c) of the National Labor Relations Act, 49 Stat . 449, herein
called the Act. On August 14, 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 Regulations-Series 2, as amended , ordered investigations
and authorized the Regional Director to conduct them and to ,provide
for appropriate hearings upon due notice.
On August 16, 1940, the Regional Director issued notices of hear-
ing, respective copies of which were duly served upon American,
Bison, and Boland, herein sometimes collectively called the Com-
panies, and upon the Union . Pursuant to the notices , separate hear-
ings were held on August 28, 1940, at Buffalo, New York, before
Edward D. Flaherty , the Trial Examiner duly designated by the
Board. The Companies and the Union were represented by counsel
and participated in the respective hearings . Full opportunity to
be heard, to examine and cross-examine witnesses , and to introduce
evidence bearing upon the issues was afforded, all parties . During
the course of the hearing in the proceeding involving American,
the Trial Examiner iiade a ruling on an objection to the admission
of evidence . The Board has reviewed this ruling of the Trial Ex-
aminer and finds that no prejudicial error was committed . The rul-
ing is hereby affirmed . At the hearing in each case the respective
Companies made oral and written motions to dismiss the proceeding
on the ground that there is a defect in parties in that the employees
of the respective Companies were not served with notice of the hear-
ing, or, in the alternative , to suspend the hearing until such time
as said employees were made parties and given due notice of hearing.
The Trial Examiner reserved ruling on said motions for the Board.
The motions are hereby denied. Pursuant to leave granted by the
Board to all parties, American filed a ' brief with the Board and Bison
and Boland requested that said brief be considered in the decision
of their respective cases. Since the hearings were conducted on the
same day and the issues presented are substantially similar, we are
disposing of all three cases in one decision.
Upon the entire records in the cases , the Board, makes the
following :
FINDINGS OF FACT
1. THE BUSINESSES OF THE COMPANIES
American Steamship Company is a New York corporation having
its principal office and place of business at Buffalo, New York. 'It
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the transportation of freight by steamship on the
Great Lakes. It owns 14 vessels, 12 of which it has operated during
the 1940 shipping season.2 The remaining two vessels are chartered
to other operators for the 1940 season. Their crews are not em-
ployed by American and are not involved in these proceedings.
During the 1940 season and prior to August 19, the 12 vessels
operated by American carried a total of 4,403,922.24 net tons of
'freight consisting of such materials as coal, stone, sand, gypsum
rock, ore, coke, corn, wheat, and flue dust. Typical of the trips made
by such vessels is the following : from various ports in the - State
of Ohio, to Duluth, Minnesota, thence to Superior, Wisconsin, Ash-
land, Wisconsin, Two Harbors, Wisconsin, Erie, Pennsylvania, and
Buffalo, New York. Considerably more than 50 per cent of the
freight carried by American's vessels during the 1940 season, as above
stated, was carried in interstate or foreign commerce.
Bison Steamship Company is a New York corporation engaged in
the transportation of freight by steamship on the Great Lakes. It
owns and operates two vessels which during the 1940 season and prior
to August 13 carried-a total of 117,653.09 net tons of freight con-
sisting of such materials as scrap, steel, coal; flax, pig iron, dunnage,
corn, phosphate rock, sulphur, coke, and soda, ash. Typical of the
trips made by Bison's vessels is the following : Buffalo, New York,
to Detroit, Michigan, thence to East Chicago, Indiana, and Cleve-
land, Ohio. More than 50 per cent of the freight carried by Bison's
vessels during the 1940 shipping season, as above stated, was carried
in interstate and foreign commerce.
John J. Boland and John J. Boland, Jr:, are 'individuals who
together own and operate the steamship Lake Chelan as a freight
carrier on the Great Lakes. During the 1940 season and prior to
August 16, -the Lake Chelan carried a total of 64,532.23 net tons of
freight consisting of such materials as scrap, pig iron, dunnage, steel;
flax, and coal. Typical of the trips made by the Lake Chelan is the
following : Buffalo, New York, to Detroit, Michigan, thence to Mil-
waukee, Wisconsin, East Chicago, Indiana, Milwaukee, Wisconsin,
and Cleveland, Ohio. More than 50 per cent of the freight carried
by the Lake Chelan during the 1940 shipping season, as above stated,
was carried in interstate and foreign commerce.
We find that the Companies are engaged in traffic, transportation,
and commerce among the several States and with foreign countries
and that the unlicensed seamen employed on their respective vessels
are directly engaged in such traffic, transportation, and commerce. .
2 The shipping season on the Great Lakes starts approximately Apul 15 and ends approxi-
mately December 1 '
AMERICAN . STEAMSHIP COMPANY 587
II. THE ORGANIZATION INVOLVED
National Maritime Union of America, affiliated with the C. I. O.;
is a labor organization admitting to its membership all unlicensed
seamen employed by the Companies.
III. ' THE QUESTIONS CONCERNING REPRESENTATION
At a conference between the Union and representatives of the
Companies held prior to the filing of the petitions herein, the Union
requested the respective Companies to recognize it as the exclusive
collective bargaining representative of their respective unlicensed
seamen . The Union declined the Companies' request that it submit
membership or authorization cards in proof of its claim of majority
representation but expressed a willingness to have its membership
and authorization cards checked against the Companies' respective
pay rolls by an, official of the Board. However, no such check was
made.
At the hearing in each of the cases there was introduced into
evidence a report prepared by the Regional Director showing that the
Union represents a substantial number of employees of the respective
Companies in the unit which we hereinafter find to be appropriate.3
We find that a question has arisen concerning the representation
of employees of each of the Companies 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 Union claims, in each of the three cases, that the unit appro-'
priate for the purposes of collective bargaining consists of all un-
licensed seamen employed on all vessels of each of the respective
Companies. The Companies do not contest the Union's claim as to
this.
We find that the unlicensed seamen employed by American on all
vessels which it owns and operates constitute a unit appropriate for
the purposes of collective bargaining, and that said unit will insure to
the employees of American the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
8 The Regional Director 's reports, dated August 14, 1940, show that on the basis of cards
submitted to him by the Union, by which the signers designated the Union as their
representative for the purposes of collective bargaining and the signatures on which ap-
peared to be genuine original signatures , the Union represents the following number of
employees of each of the Companies
'American-191
Bison-20.
Boland-19
588 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
the policies of the Act. We further find that the unlicensed seamen
employed by Bison on all its vessels constitute a unit appropriate for
the purposes of collective bargaining, and that said unit will insure
to the employees of Bison the full benefit of their right to self-or-
ganization and to collective bargaining and otherwise effectuate the
policies of the Act. And we further find that the unlicensed seamen
employed by Boland on the steamship Lake Chelan constitute a unit
appropriate for the purposes of collective bargaining, and that said
unit will insure to the employees of Boland 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 questions which have arisen concerning the repre-
sentation of employees of the Companies can best be resolved- by
elections by secret ballot.
We shall direct such elections to be held as soon as possible under
the direction and supervision of the Regional Director who shall
determine in his discretion the exact time, place, and procedure for
giving notices of elections and for balloting on each ship, provided,
however, that each vessel shall be posted with a notice of election.
At the hearing in each of the cases the Union requested that those
eligible to vote in the respective elections should be the employees in
the respective appropriate units during the respective pay-roll
periods current as of August 28, 1940, the date of the hearings, for
the reason that suchi date was at the height of the shipping season
and that the' Companies would employ fewer seamen during the re-
mainder of the shipping season.. The Companies expressed no pref-
erence in this connection. We shall direct that those eligible :to-vote
in the respective elections shall be all unlicensed seamen within the
respective appropriate units during the respective pay-roll periods
current as of August 28, 1940, including those who did not work
during such pay-roll periods because they were ill, on vacation, or
temporarily laid off, but excluding those who have since quit or been
discharged for cause;
Upon the basis of the above findings of fact and upon the entire
record in the cases, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of American Steamship Company, Bison
Steamship Company, and John J. Boland and John J. Boland, Jr.,
all of Buffalo, New York, within the meaning of Section 9 (c) and-
Section 2 (6) and (7) of the Act. -
AMERICAN STEAMSHIP COMPANY 589
2. The unlicensed seamen employed by American Steamship Com-
pany on all vessels which it owns and operates constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
3. The unlicensed seamen employed by Bison Steamship Company
on all its vessels constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
4. The unlicensed seamen employed by John J. Boland and John J.
Boland, Jr., on their vessel, the steamship Lake Chelan, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTIONS
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, 49 Stat. 449, 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 ascertain representatives for the purposes of collective bargaining
with American Steamship Company, Buffalo, New York, an election
by, secret ballot shall be conducted as soon as possible and in con-
formity with the rules set forth in Section IT, above, for the conduct
of such election, under the direction and supervision of the Regional
Director for the Third 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 the unlicensed seamen on all
vessels owned and operated by American Steamship Company em-
ployed by it during the pay-roll period current as of August 28, 1940,
including those who did not work during such pay-roll period because
they were ill, on vacation, or temporarily laid off, but excluding those
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by National Maritime
Union of America, affiliated with the C. I. 0., for the purposes of
collective bargaining; and it is further
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Bison Steamship Company, Buffalo, New York, an election by
secret ballot shall be conducted as soon as possible and in conformity
with the rules set forth in Section IT, above, for the conduct of such
election, under the direction and supervision of the Regional Director
for the Third 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 the unlicensed seamen on all vessels of
590 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
Bison Steamship Company employed by it during the pay-roll period
current as of August 28, 1940, including those who did not work dur-
ing such pay `roll period because they were ill, on vacation, or tempo-
rarily laid off, but excluding those who have since quit or been dis-
charged' for cause, to determine whether or not they desire to be
represented by National Maritime Union of America, affiliated with
the'C. I.0., for the purposes of collective bargaining; and it'is further
. DIRECTED that, as part of the investigation ordered by the' Board
to ascertain representatives for the purposes of collective bargaining
with John J. Boland and John J. Boland, Jr., Buffalo, New York,
an election by secret ballot shall be conducted as- soon as possible and
in conformity with the rules set forth in Section V;, above, for the
conduct of such election, under the, direction and supervision of the
Regional Director for the Third 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 the unlicensed
seamen employed by John J. Boland and John J. Boland, Jr., on the
steamship Lake Chelan during the pay-roll period current as of Au-
gust 28, 1940, including those who did not work during such pay-roll
period because they were ill, on vacation, or temporarily laid off, but
excluding those ,who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by National
Maritime Union of America, affiliated with the C. I. 0., for the pur-
poses of collective bargaining.