Coney Island, Inc.

National Labor Relations Board - Board Decisions

Oct 11, 1941

36 N.L.R.B. 53 (N.L.R.B. 1941)

In the Matter of CONEY ISLAND , INCORPORATED and BUILDING SERVICE
EMPLOYEES INTERNATIONAL UNION, LOCAL No. 158-A
Case No. R-0977.Decided October 11, 1941
Jurisdiction : water transportation industry.
Practice and Procedure : petition dismissed without prejudice to the filing of
another petition upon the expiration of a contract between a rival union and
the Company.
Mr. Edward L. Schott, of Cincinnati, Ohio, for the Company.
Mr. Jake W. Brown and Mr. W. H. Mohlman, of Cincinnati, Ohio,
for the A. F. of L.
Mr. George E. Rice, of Cincinnati, Ohio, for the N. M. U.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On August 7, 1941, Building Service Employees International
Union, Local No. 158-A, affiliated with the American Federation of
Labor, herein called the A. F. of L., filed with the Regional Director
for the Ninth Region (Cincinnati, Ohio) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Coney Island, Incorporated, Cincinnati, Ohio, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On September 3,
1941, 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 an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice. On September 4, 1941, the Regional Director issued a
notice of hearing and on September 8, 1941,' a notice of adjournment
and notice of hearing, copies of which were duly served upon the.
Company and the A. F. of L. and upon Inland Boatmen's Division,
36 N. L. R. B., No. 6.
53
04 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Maritime Union of America, affiliated with the Congress
of Industrial Organizations, herein called the N. M. U., a labor organ-
ization claiming to represent employees directly affected by the in-
vestigation, and Local 363, Hotel and Restaurant Employees Union
affiliated with the A. F. of L Pursuant to notice, a hearing was held
on September 13, 1941, at Cincinnati, Ohio, before Alba B. Martin,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company, the A. F. of L., and the N. M. U. were represented and
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing, the
Trial Examiner made various 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 com-
mitted. 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
Coney Island, Incorporated, has its office in Cincinnati, Ohio, and
owns and operates an amusement park known as Coney Island on the
Ohio River about 8 or 10 miles east of Cincinnati and also operates
an excursion boat known as the S. S. Island Queen. This proceeding
concerns only the employees of the Company who work on the S. S.
Island Queen. The S. S. Island Queen operates on the Ohio River
approximately 95 per cent of the time and on the Mississippi River
the remaining portion. Beginning in the spring of the year, excur-'
sions are conducted to towns along the Ohio River between Gahipolis,
Ohio, and Evansville, Indiana, for a period of 2 or 3 weeks. Excur-
sions are then conducted in Cincinnati until the amusement park opens
in the latter part of May, and thereafter the boat is used as a trans-
portation vessel to carry passengers from downtown Cincinnati to
Coney Island and back. After Labor Day, which closes the Coney
Island season, the S. S. Island Queen again makes excursions to
points along the Ohio River and into the Mississippi River as far
as Memphis, Tennessee. On or about October 15 the S. S. Island
Queen returns to Cincinnati, where it remains in harbor for the
winter. During the season the S. S. Island Queen docks at points
within the States of Ohio, Kentucky, Illinois, Indiana, and
Tennessee.
i This union did not appear at the hearing. It appears from the record that this union
represents employees not directly affected by the investigation.
CONEY ISLAND, INCORPORATED
II. THE ORGANIZATIONS INVOLVED
55
Inland Boatmen's Division, National Maritime Union of America,.
is a labor organization affiliated with the Congress of Industrial
Organizations. It admits to membership employees of the Company.
Building Service Employees International Union, Local No. 158-A,
is a labor organization affiliated with the American Federation of
Labor. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 4, 1941, the A. F. of L. requested that the Company
recognize it as the exclusive representative of certain of its employees.
On August 5, 1941, the Company replied that it was unable to recog-
nize the A. F. of L. because of an existing contract with the N. M. U.
The N. M. U. maintains that the contract is a bar to this proceeding. .
The Company first signed a contract with the N. M. U. on July 20,
1939. Virtually the same terms were included in a second contract
signed by the parties on March 20, 1940. This contract provides that
it should continue in force until March 1, 1941, and from year to year
thereafter, unless, 30 days before the expiration of any 1-year period,
either party gives notice of its desire "to alter [the contract] in
part or in whole." As a result of notice given before the expiration
of the first year of this contract, certain modifications, not herein
material, were made and put into effect on April' 30, 1941. It does
.not appear that the provisions relating to the continuance of the
'contract from year to year were altered at that time. Under its
terms, therefore, the contract ' is not subject to alteration or termi-
nation until March 1, 1942 2 The current contract recognizes the
N. M. U. as the exclusive bargaining representative of all the un-
licensed personnel employed on deck and in the engine and fire rooms,
on the Island Queen.3
Under the circumstances, we are of the opinion that no election should
be ordered or representatives certified at this time, and we shall, ac-
cordingly, dismiss the petition of the A. F. of L. for an investigation
2 In a letter to the Board dated August 26, 1941, the N. M. U. stated that its current
contract "was renewed on April 1, 1941, and will continue in effect until April 1, 19421'
As noted above, however, there is no evidence that the provisions of the contract pro-
viding for its continuation up to March 1, 1941, and from year to year thereafter were
altered by the parties in April 1941. A letter embodying the alterations agreed upon in
April 1941 was introduced into evidence and makes no reference to the provisions for
continuation of the contract.
8 The contract also provides that "the Company agrees to give preference in employment
to members of the Union when new help is required" and that "No member of the Union
who loses his good standing in the Union will be retained in its employ upon due notifica-
tion by the Union."
The unit alleged by the A. P. of L. to be appropriate was identical with the unit covered
by the contract between the Company and the N. M. U.
4
56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and certification of representatives. This dismissal, however, shall be
without prejudice to the right of the A. F. of L. to renew the petition
at a reasonable time before March 1, 1942, the date on which the con-
tract will be renewed unless altered or terminated in accordance with
its provisions.4
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
No question concerning the representation of employees of Coney
Island, Incorporated, Cincinnati, Ohio, exists within the meaning of
Section 9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion of
law, the National Labor Relations Board hereby dismisses the petition
for investigation and certification of representatives filed by Building
Service Employees International Union, Local No. 158-A, affiliated
with the American Federation of Labor, without prejudice to renewal
at a reasonable time before March 1, 1942, the date on which the con-
tract now in existence between the Company and the National Mari-
time Union will be renewed unless altered or terminated in accordance
with its provisions.
4Matter of American Hair & Felt Company and Jute, Hair & Felt Workers Local #163
(United Furniture Workers o f America, CIO ), 15 N. L. R. B. 572; Matter of The National
Sugar Refining Company of New Jersey, L. I. City Refinery and Local 1476, Sugar Refinery
Workers, International Longshoremen 's Association, 10 N. L. R. B. 1410.