Bethlehem Transportation Corp.

National Labor Relations Board - Board Decisions

Mar 6, 1946

66 N.L.R.B. 345 (N.L.R.B. 1946)

In the Matter of BETHLEHEM TRANSPORTATION CORPORATION, THE
M. A. HANNA COMPANY, WILSON TRANSIT COMPANY, INTERLAKE
STEAMSHIP COMPANY, INTERSTATE STEAMSHIP COMPANY, PIONEER
STEAMSHIP COMPANY, BUCKEYE STEAMSHIP COMPANY, KINSMAN
TRANSIT COMPANY, JUPITER STEAMSHIP COMPANY, CLEVELAND CLIFFS
IRON COMPANY, SHENANGO FURNACE COMPANY, REISS STEAMSHIP
COMPANY, INTERNATIONAL HARVESTER COMPANY, BROWN & COMPANY,
PITTSBURGH STEAMSHIP COMPANY, WYANDOTTE TRANSPORTATION
COMPANY, GREAT LAKES STEAMSHIP COMPANY, COLUMBIA TRANSPORTA-
1ION COMPANY, GLOBE STEAMSHIP CORPORATION, INTER-OCEAN STEAM-
SHIP COMPANY, TRITON STEAMSHIP COMPANY, UNITED STEAMSHIP
COMPANY and GREAT LAKES ENGINEERS BROTHERHOOD, INC.
Cases Nos. 8-R-1910 through 8-B-1913; 8-R-1915 through 8-R-
1925; 8-R-1942; 8-R-1944; 8-R-1945; 8-R-1954; 8-R-1955; 8-R-
1958; and 8-R-1959
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DIRECTION OF ELECTIONS
March 6, 1946
On January 29, 1946, the Board issued a Decision, Direction of
Elections, and Order in the above-entitled proceedings (65 N. L.
R. B. 605). Therein the Board provided for the participation
of Marine Engineers' Beneficial Association No. 2 (CIO), herein
called MEBA, in the election among the employees of Brown and
Company in Case No. 8-R--1924, but refused to permit MEBA to
participate in the 21 other elections ordered, on the ground that its
showing of interest was inadequate. On February 5, 1946, MEBA
filed with the Board a document entitled Intervenor's Motion, re-
questing a postponement of the elections and permission to submit
to the Board additional proof of its interest in the employees of the
Companies here involved, for the purpose of appearing on the bal-
lots in those elections. Pursuant thereto, the Board, on February 14,
1946, notified the parties to show cause on or before February 25,
1946, why the Direction should not be amended to conform with
66 N. L. R. B., No. 42.
345
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
MEBA's requests. Great Lakes Engineers Brotherhood, Inc., herein
called the Independent, and most of the Companies' filed motions
opposing MEBA's motion, or answers to the show cause order. All
of the countermotions and 'answers argue against the proposal to
permit MEBA to supplement its showing of interest, but none of
the parties except the Independent expressed any specific objection
to a postponement of the elections, originally scheduled to be held
within 60 days after issuance of our Direction. The proposal to de-
lay the elections was predicated upon the fact that the closed season
for Great Lakes Shipping usually extends from early December to
about April 1, and it might therefore prove difficult to poll the em-
ployees within the time provided in the Direction.
Considering the entire matter, we think the policies of the Act
will be promoted by amending the Direction of Elections. Our
Direction, issued January 29 and fixing eligibility to vote as of the
last pay roll before that date, in effect provides for elections to be
conducted between seasons among employees who worked at the end
of the 1945 season. Under the Direction as it stands, employees
newly hired for 1946, or transferred from one company to another
(the units being company-wide), would be ineligible,2 a contingency
which was not anticipated by the parties at the hearing, in October.
Recently, however, we have been advised by our Regional Director
that within the next week or two the Companies' ships will prob-
ably be manned for the 1946 season , in 'which event it will be feasible
to ballot the employees in the several appropriate units on their
ships. In view of this prospect, in order to secure a representative
vote, and in accordance with our frequent practice in maritime cases,3
we shall amend our Direction to provide' (1) that the Regional Di-
rector shall hold the elections as soon as possible, but after the em-
ployees in the respective appropriate units ( licensed engineers) have
been engaged for work in the 1946 season , and (2) that the employees
eligible to vote shall be those in each unit at the time when the ships
to which they are attached are balloted, except that no employee
shall be allowed to vote twice by virtue of transferring from one
ship to another.
'In view of our decision to advance the eligibility date we 'shall
accord MEBA a place on the ballots,4 for it is no longer significant
1 Wyandotte Transportation Company, Wilson Transit Company , Great Lakes Steam-
ship Company, Columbia Transportation Company, Globe Steamship Corporation , Inter-
Ocean Steamship Company, Triton Steamship Company, United Steamship Company,
Pittsburgh Steamship Company, Pioneer Steamship Company, Buckeye Steamship Com-
pany, Reiss Steamship Company, Kinsman Transit Company, Shenango Furnace Company,
Cleveland Cliffs Iron Company, and Interlake Steamship Company.
8 See Matter of Manganese Ore Company , 54 N. L. It. B. 1192.
8 Matter of American Hawaiian Steamship Company, 41 N. L. R B. 425 ; Matter of
American France Line , et at , 3 N I. R B 64.
+ See Matter of Midland Steamship Line, Inc ., 56 N. L. R B. 839.
BETHLEHEM TRANSPORTATION CORPORATION 347
to determine whether or not that organization, which showed that
it represents many marine engineers in the Great Lakes region,5 was
designated by a given, number of the engineers listed on the 1945
pay rolls of any particular one of the Companies involved herein. If
we were now to delay the elections, in order to investigate the show-
ing of either MEBA or the Independent among the employees in
each unit who will be on the (1946) eligibility lists, the opportunity
for an expeditious and representative election would be lost.
AMENDMENT TO DIRECTION OF ELECTIONS
IT IS HEREBY ORDERED that the first paragraph directing elections
in the aforesaid Direction of Elections be amended (1) by striking
therefrom "as early as possible, but not later than sixty (60) days
from the date of this Direction," and substituting therefor the
words "as soon as convenient, and beginning as promptly as prac-
ticable after the time, in the case of each of the several appropriate
units, when the employees in that unit have been engaged for work
in the 1946 season"; (2) by striking therefrom the words "among
the employees in the units found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the
elections," and substituting therefor the words "among the personnel
in the units found appropriate in Section IV, above, who are em-
ployed on the date when their respective ships are balloted, including
employees in the armed forces of the United States who present
themselves in person at the polls"; (3) by striking, following the
words "to determine whether," the words "or not"; (4) by inserting,
following the words "Great Lakes Engineers Brotherhood, Inc.,"
the words "or by Marine Engineers' Beneficial Association No. 2
(CIO)"; and (5) by inserting, following the words "for the pur-
poses of collective bargaining," the words "or by neither."
IT IS HEREBY FURTHER ORDERED that the second paragraph directing
an election in the aforesaid Direction of Elections be amended (1)
by striking therefrom the words "as early as possible, but not later
than sixty (60) days from the date of this Direction," and substi-
tuting therefor the words "as soon as convenient, and beginning as
6 Subsequent to the hearing, MEBA submitted a list of 655 of its members in 13 of
its 27 Great Lakes locals. ,
348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
promptly as practicable after the time when the employees in the
unit have been engaged for work in the 1946 season ," and (2) by
striking therefrom the words "among the employees in the unit
found appropriate in Section IV, above , who were employed during
the pay -roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off , and in-
cluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause and have not been re-
hired or reinstated prior to the date of the election ," and substituting
therefor the words "among the personnel in the unit found appro-
priate in Section IV, above, who are employed on the date when their
respective ships are balloted , including employees in the armed
forces of the United States who present themselves in person at the
polls."