Coney Island, Inc.

National Labor Relations Board - Board Decisions

Apr 21, 1942

40 N.L.R.B. 766 (N.L.R.B. 1942)

In the Matter Of CONEY ISLAND, INCORPORATED and BUILDING SERVICE
EMPLOYEES INTERNATIONAL UNION, LOCAL No. 158-A, AFFILIATED
WITH A. F. L.
Case No. R-3672. Decided April 121, 19/1
Jurisdiction : inland water transportation industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all maintenance employees of the
Company on its ship, the S. S. Island Queen, including deck hands, watchmen,
firemen, and strikers, but excluding the master, pilots, engineers, the car-
penter, the maid, the calliope operator, the parkingman, the wharfman, and
cashiers ; agreement as to.
Mr. Edalard L. Schott, of Cincinnati, Ohio, for the Company.
Mr. J. W. Brown, of Cincinnati, Ohio, for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 23, 1942, Building Service Employees International
Union, Local No. 158-A, affiliated with the American Federation
of Labor, herein called the Union, filed with the Regional Director
for the Ninth Region (Cincinnati, Ohio) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Coney Island, Incorporated, Cincinnati, Ohio,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
12, 1942, 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 Regu-
lations-Series 2, as amended, ordered an investigation and author=
ized the Regional Director to conduct it and to provide for an appro=
priate hearing upon due notice.
On March 16, 1942, the Regional Director issued a notice, of hear-
ing, copies of which were duly served upon the Company and the
Union, and upon National Maritime Union of America,- C. I: 0.;
herein called the N. M. U., a labor organization party to a recently
40 N. L. R. B., No. 128.
766
CONEY ISLAND, INCORPORATED 767
expired contract with the Company. Pursuant to notice, a hearing
was` held on March 24, 1942, at Cincinnati, Ohio, before Grant G.
Cannon, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company and the Union were represented and par-
ticipated in the hearing, but the N. M. U. did not appear. 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 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
1. THE BUSINESS OF THE COMPANY
Coney Island, Incorporated, having its office in Cincinnati, Ohio,
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, the S. S. Island Queen. This proceeding concerns
only employees of the Company who work on the S. S. Island Queen.
The S. S. Island Queen operates on the Ohio River approximately
95 percent of the time, and on the Mississippi River the remaining
portion. Beginning in the spring of the year, excursions are con-
ducted to towns along the Ohio River between Gallipolis, Ohio, and
Evansville, Indiana, for a period of 2 or 3 weeks. Excursions are
then conducted from Cincinnati until the aniusenient park opens in
the latter part of May, and thereafter the boat is used to carry pas-
sengers between Cincinnati and Coney Island. 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 Mis-
sissippi 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.
The Company admits that in its operations of the S. S. Island
Queen it is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
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.
768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On August 7, 1941, the Union filed a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of the Company. After a hearing on September 13, 1941,
upon this petition, the Board issued a Decision and Order dated
October 11, 1941,1 dismissing the petition on the ground that in view
of the existence of a valid contract between the Company and the
N. M. U. covering the employees within the unit petitioned for, no
question concerning representation existed. In January 1942 the
Union again asked the Company to negotiate a contract with it. The
Company refused to do so, once more alleging the existence of the
N. M. U. contract. This contract, signed March 20, 1940, contained
a provision that it was to continue in effect until March 1, 1941, and
for yearly periods thereafter, unless written notice of termination was
given by one of the parties 30 days prior to the expiration of any
yearly period. On March -1, .1941; the contract automatically became
effective for another year. On January 28, 1942, the Company gave
written notice of termination to the N. M. U., stating that the con-
tract was to terminate as of March 1, 1942. Thus, at the present time,
there is no contract covering the employees in question.
A statement of the Regional Director introduced in evidence at the
hearing shows that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.2
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUEST10N CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
,and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated, and we find, that all maintenance employees
of the Company on its ship, the S. S. Island Queen, including deck
136 N L R B 53. Y
2 The Regional Director states that the Union submitted to him' 9 application-for-
membership cards, dated February 26, 1942; that all the cards bore genuine original
signatures ; and that the February 28, 1942 , pay roll of the Company , listing 21 employees,
contained names appearing on 8 of the cards
The Regional ' Director appeared at the hearing and stated that the N M.- U. had
submitted no membership cards to him.
C'ONE'Y ISLAND, •INCORPORAMED 769
'hands; watchmen, firemen; and strikers, but excluding the master,
pilots; engineers, the carpenter, the maid, the calliope operator, the
parkingman, the wharfman, and cashiers, constitute a unit appro-
priate for the- purposes of collective bargaining.3 We further find
that said unit will insure to employees of the Company the full bene-
fit of, their right to self-organization and collective bargaining' and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best' be resolved by means of an election by secret ballot.
At ,the hearing the Union suggested, that the pay roll immediately
prior to the election should be used in-determining eligibility to vote,
rather than the pay roll immediately preceding the date of the
Direction of Election. We shall, however, adhere to our usual prac-
tice and shall direct •that those eligible to vote shall be the employees
in the appropriate 'unit who were employed during the pay-roll
-period immediately preceding the date 'of the Direction of Election
herein, subject- to the limitations and additions set forth in the
Direction. • I '
Upon the basis oPthe above findings of fact and upon the entire
-record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Coney Island, Incorporated, Cincinnati,
Ohio, on its ship, the S. S. Island Queen, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All maintenance employees of Coney Island, Incorporated,
Cincinnati, Ohio, on its ship, the S. S. Island Queen, including deck
hands, watchmen, firemen, and strikers, but excluding the master,
pilots, engineers, the carpenter, the maid, the calliope operator, the
parkingman, the wharfinan, and cashiers, constitute a unit appropri-
ate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
3 This stipulation constitutes an adoption of the stipulation entered into by the parties
in the prior hearing of September 13, 1941.
The Union stated that no attempt had been made to secure application cards from
so-called cabin boys who serve as dispensers of refreshment , and who belong to another
craft organization affiliated with the American Federation of Labor. We find' that cabin
boys were intended to be excluded from, and are not in, the stipulated unit.
455771-42-vol. 40 4--9
770 DECISIONS • OF NATIONAL LABOR RELATIONS BOARD
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 I
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Coney. Island, Incorporated, Cincinnati, Ohio, an -election by
secret ballot shall be conducted as early as possible but not later
than thirty . (30) days from the date of this Direction of Election,
under the direction and supervision of the Regional Director for
the Ninth 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 all maintenance employees on
the Company's ship, the S. S. Island Queen, who were employed dur-
ing the 'pay-roll period immediately preceding the date of this Direc-
tion- of Election, including deck hands, watchmen, firemen, strikers,
and employees who did not, work during such pay-roll period be-
cause they were ill, or on vacation or in the active military service
or straining r .of the United -States, or temporarily, laid off,. but ex-,
'eluding, the, master, pilots, engineers, the ' carpenter, the maid, the
calliope operator, the parkingman, the wharfman, cashiers, and
'those elnployeeswho'•have since quit,or been discharged for cause,
to determine whether ,or not they desire to be, represented by Build-
ing Service Employees International Union, Local No. "158-A,
affiliated with A. F. L., for the purposes of collective bargaining.
In the - Matter Of CONEY ISLAND , INCORPORATED and BUILDING SERVICE
EMPLOYEES INTERNATIONAL UNION, LOCAL No. 158-A, AFFILIATED
WITH A. F. L.
Case No. R-3672 -
SUPPLEMENTAL DECISION'
AND •
ORDER
May 14, 194
On April 21, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.)
Pursuant to the Direction of Election, an election by secret ballot was
conducted on May 1, 1942, under the direction and supervision of the
Regional Director for the Ninth Region (Cincinnati, Ohio). On
May 1, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served upon the parties an
Election Report. No objections to the conduct of the ballot or to the
Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list_____________ -_______-_____---_____- 23
Total ballots cast________________________________________ 14
Total ballots challenged___________________________________ 0
Total blank ballots_______________________________________ 0
Total void ballots________________________________________ 0
Total valid votes counted_________________________________ 14
Votes cast for Building Service Employees International
Union, Local No 158-A, A. F. L_________________________ 5
Votes cast against Building Service Employees International
Union, Local No. 158-A, A. F. L_______ _________________ 9
Phe results of the election show that no collective bargaining repre-
sentative has been selected by ' a majority of the employees in the
appropriate unit. The petition of Building Service Employees Inter-
national Union, Local No. 158-A, affiliated with A. F. L., for investi-
140 N. L.R.B 766.
40 N. L. R. B., No. 128a.
771
772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gation and certification of representatives of employees of Coney
Island , Incorporated , Cincinnati , Ohio, will therefore be dismissed.
ORDER
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,
IT Is JEI 1 Y ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Coney Island, Incorporated,
Cincinnati, Ohio, filed by Building Service Employees International
Union, Local No. 158-A, affiliated with A. F. L. be, and it hereby is,
dismissed.
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