Cities Service Oil Company

National Labor Relations Board - Board Decisions

Jan 4, 1939

10 N.L.R.B. 954 (N.L.R.B. 1939)

In the Matter of CITIES SERVICE OIL COMPANY 1 and UNITED LICENSED
OFFICERS OF THE U. S. A.
Cases Nos. R-1032 and R-1033.-Decided January 4; 1939
Shipping Industry-Investtigation of Representatives : controversy concerning
representation of employees : rival organizations ; employers ' refusal to grant
recognition of unions-Units Appropriate for Collective Bargaining : ( 1) licensed
deck officers , including masters, on vessels operating out of Atlanic and Gulf
ports ; (2) licensed * engineers on vessels operating out of Atlanic and Gulf
ports-Elections Ordered : name of union placed on ballot , with permission to
withdraw upon request.
Mr. Will Maslow, for the Board.
Hatch & Wolfe, by Mr. Carver W. Wolfe of New York City, for the
Company.
Mr. 0. L. Boni f ay, of New York City, for the U. L. 0.
Mr. Edward P. Trainer, of New York City, for the M. E. B. A.
Mr. John J. Collins, of New York City, for the D. 0. A.
Mr. George Rose, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 15, 1937, United Licensed Officers of the United
States of America, herein called the U. L. 0., filed with the Regional
Director for the Second Region (New York City) two petitions al-
leging that questions affecting commerce had arisen concerning
the representation of employees of the Cities Service Oil Company,
New York City, herein called the Company, and requesting investi-
gations and certifications of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On August 3, 1938, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the
Act and Article III, Sections 3 and 10 (c) (2), of National Labor
Relations Board Rules and Regulations-Series 1, as amended, or-
dered an investigation and authorized the Regional Director to con-
1 Incorrectly designated in notice of hearing as Cities Service Co. The name of Company
was corrected by motion at the hearing.
10 N. L. It. B, No. 87.
954
DECISIONS AND ORDERS 955
duct it and to provide for an appropriate hearing upon due notice,
and ordered a consolidation of the cases for the purpose of hearing.
On August 31, 1938, the Regional Director issued notices of hearing,
copies of which were duly served upon the Company, the U. L. 0.,
the Marine Engineers' Beneficial Association, herein called the
M. E. B. A., the National Organization Masters, Mates and Pilots of
America, herein called the M. M. P., the International Association
of Operating Engineers, herein called the Operating, Engineers, the
International Longshoremen's Association, Local No. 1550, herein
called the I. L. A., and Deepwater Officers Association, herein called
the D. 0. A., labor organizations claiming to represent employees
directly affected by the investigation. Pursuant to the notices, a
hearing was held on September 26, 1938, at New York City, before
Herbert Wenzel, the Trial Examiner duly designated by the Board.
The Board, the Company, the U. L. 0., the M. E. B. A., and the
D. 0. A. were represented by counsel or by their officers or agents
and participated in the hearing. The M. M. P., the Operating En-
gineers, and the I. L. A. did not appear. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several 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 committed. 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
Cities Service Oil Company is a Pennsylvania corporation with
its principal office in New York City. The Company transports
crude oil between places in Texas and ports on the Atlantic Coast.
In the conduct of this business, the Company operates a fleet of 14
tankers. The Company employs more than 112 licensed deck and
engine-department personnel on its tankers.
We find that the Company is engaged in trade, traffic, transporta-
tion, and commerce among the several States and that the licensed
personnel of both deck and engine departments on its tankers operat-
ing out of Atlantic and. Gulf ports are directly engaged in such
trade, traffic, transportation, and commerce.
II. THE ORGANIZATIONS INVOLVED
United Licensed Officers of the United States of America is an in-
dependent labor organization not affiliated with any other body. It
admits to its membership licensed deck officers and licensed marine
engineers.
956 NATIONAL LABOR RELATIONS BOARD
Marine Engineers' Beneficial Association is a labor organization
affiliated with the Committee for Industrial Organization. It admits
to its membership licensed marine engineers.
Deepwater Officers Association is an unaffiliated labor organiza-
tion, admitting to its membership licensed deck, engine, and radio
officers who are employees of the Company "with at least 6 months
service."
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the U. L. O. as bargaining
representative of the licensed personnel and the M. E. B. A. as the
bargaining representative of the licensed engineers, although requested
to do so by both labor organizations.
We find that questions have arisen concerning the representation of
employees of the Company, and such questions tend to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
IV. THE APPROPRIATE UNIT
The U. L. O. claims that the licensed deck officers, including mas-
ters, constitute a unit appropriate for collective bargaining, and that
the licensed engineers likewise constitute a unit appropriate for such
purposes. The M. E. B. A. claims that the licensed engineers con-
stitute a unit appropriate for the purposes of collective bargaining.
It is not clear from the record whether the D. O. A. agrees with
the units claimed by the U. L. O. and the M. E. B. A. or desires
that both the licensed deck officers and the licensed engineers be
included in a single unit. At the hearing it did not oppose the divi-
sion of the two groups of licensed personnel into two units. We
see no reason for departing from our ruling in previous cases that
licensed deck officers and the licensed engineers constitute separate
appropriate units.2
Although the D. O. A. admits radio officers to its membership, the
representation of the radio officers is not an issue in these proceedings.
We find that the licensed deck officers, including masters, employed
by the Cities Service Oil Company on vessels operating out of Atlan-
tic and Gulf ports constitute a unit appropriate for the purposes of
collective bargaining, and that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining, and otherwise effectuate the policies of
the Act.
We find that the licensed engineers employed by the Cities Service
Oil Company on vessels operating out of Atlantic and Gulf ports con-
stitute a unit appropriate for the purposes of collective bargaining, and
2 Matter of Tide Water Associated Oal Company and United Licensed Officers of the
U 8 A , 9 N L. R. B 823 , and cases cited therein
DECISIONS AND ORDERS 957
that said unit will insure to employees of the Company 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
According to the Company's pay rolls as of September 23, 1938,
there were 56 licensed deck officers and 56 licensed engineers in the
Company's employ. At that time 15 additional licensed deck officers
and 7 additional licensed engineers were on vacation from last com-
pleted voyages. The three labor organizations involved in these pro-
ceedings made conflicting claims in regard to the extent of their rep-
resentation among the employees in the appropriate units, but were in
agreement that elections should be held to resolve the questions con
cerning representation. We find that the questions concerning repre-
sentation can best be resolved by the holding of elections by secret
ballot. Accordingly, we will direct that an election be held among
the employees in each of the two units found to be appropriate.
Those eligible to vote in each election shall be the licensed engineers
and deck officers listed on Board Exhibit No. 3, entitled "Men on last
pay rolls as of September 23, 1938," including those listed under the
subheading "Men on vacation from last completed voyages," and
excluding those who since have quit or have been discharged for
cause.
At the close of the hearing the representative of the U. L. O. stated
that the U. L. O. intended to file charges with the Regional Director
alleging that the D. O. A. was dominated by the Company, within the
meaning of Section 8 (2) of the Act, and that in the event that no com-
plaint was issued by the Board upon such charges, the U. L. O. desired
to withdraw from these proceedings and that its name not appear upon
the ballot. Thereafter the U. L. O. filed charges with the Regional
Director, who declined to issue a complaint. Upon request by the
U. L. 0., the Board reviewed the action of the Regional Director, and
on December 19, 1938, affirmed his refusal to issue a complaint. We
will, nevertheless, direct that the U. L. O. be placed on the ballot, but
will permit the U. L. O. to withdraw from the ballot upon filing a
request with the Board within ten (10) days after the date of this
Decision and Direction of Elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the, following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Cities Service Oil Company, New York
City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
958 NATIONAL LABOR RELATIONS BOARD
2. The licensed deck officers, including masters, employed by Cities
Service Oil Company, on vessels operating out of Atlantic and Gulf
ports constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. The licensed engineers employed by Cities Service Oil Company
on vessels operating out of Atlantic and Gulf ports constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations 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, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Cities
Service Oil Company, New York City, elections by secret ballot shall
be conducted as soon as convenient, and beginning as promptly as
practicable after the date of this Direction of Elections, under the
direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations :
1. Among the licensed deck officers, including masters, employed
by Cities Service Oil Company on vessels operating out of Atlantic
and Gulf ports, listed on Board Exhibit No. 3, entitled "Men on last
pay rolls as of September 23, 1938," including those listed under the
subheading "Men on vacation from last completed voyages" and
excluding those who since have quit or have been discharged for
cause, to determine whether they desire to be represented by United
Licensed Officers of the United States of America, or Deepwater
Officers Association for the purposes of collective bargaining, or
by neither; and
2. Among the licensed engineers employed by Cities Service Oil
Company on vessels operating out of Atlantic and Gulf ports listed
on Board Exhibit No. 3, entitled "Men on last pay rolls as of Septem-
ber 23, 1938," including those listed under the subheading "Men on
vacation from last completed voyages" and excluding those who
since have quit or have been discharged for cause, to determine
whether they desire to be represented by United Licensed Officers of
the United States of America, Marine Engineers' Beneficial Asso-
ciation, or Deepwater Officers Association, for the purposes of col-
lective bargaining, or by none of them.