8 N.L.R.B. 686 (N.L.R.B. 1938)

General Petroleum Corp. of California

National Labor Relations Board - Board DecisionsJul 29, 1938

8 N.L.R.B. 686 (N.L.R.B. 1938)

In the Matter of GENERAL PETROLEUM CORP. OF CALIFORNIA and SAILORS UNION OF THE PACIFIC In the Matter of GENERAL PETROLEUM CORP. OF CALIF. and PACIFIC COAST MARINE FIREMEN, OILERS, WATERTENDERS, & `VIPERS ASSN. In the Matter of GENERAL PETROLEUM CORP. OF CALIF. and MARINE COOKS AND STEWARDS ASSN. OF THE PACIFIC COAST In the Matter of GENERAL PETROLEUM CORP. OF CALIF. and PACIFIC COAST MARINE FIREMEN, OILERS, WATERTENDERS,'& WIPERS Asso- CIATION In the Matter of GENERAL PETROLEUM CORPORATION OF CALIFORNIA and AMERICAN RADIO TELEGRAPHISTS' ASSOCIATION Cases Nos. R-/79, R-500,, R-506, R-513, and R-516, respectively SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND ORDER July 29, 1938 On March 9, 1938, March 14, 1938, and March 15, .1938, the Na-. tional Labor Relations Board, herein called the Board, issued Deci- sions and Directions of Elections 1 in the above-entitled cases and 19 related cases. In so far as they applied to the above-entitled cases, the Directions of Elections, provided that separate elections by secret ballot be held as soon as convenient, and beginning as promptly as practicable after the dates of the Directions, among the unlicensed deck personnel, the radio operators, the unlicensed personnel of the engine departments, and the unlicensed personnel of the stewards' departments on tankers operated out of Pacific, Coast ports by General Petroleum Corporation of California, herein called the Company, to determine whether or not they desired to be represented by the Sailors Union of the Pacific, the American Radio 15 N. L. R. B 893 Includes R-479. 5 N. L R B . 954 includes R-516. 5 N L R . B. 982 includes R-500, R-506, and R-513. 8 N. L. R. B., No. 73. 686 DECISIONS AND ORDERS 687 Telegraphists' Association, Marine Division, the Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers Association, and the Marine Cooks' & Stewards' Association of the Pacific Coast, respectively, for the purposes of collective bargaining. Pursuant to the Directions, four separate elections by secret ballot were conducted upon each of the Company's Pacific Coast tankers. On June 13, 1938, Alice M. Rosseter, Regional Director for the Twentieth Region (San Francisco, California), acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued four Intermediate Re- ports Upon Secret Ballot, copies of which were duly served upon all parties to the proceedings. No exceptions to the Intermediate Reports have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Unlicensed Deck Personnel Number of votes for Sailors Union,of the Pacific_____________ 32 Number of votes against Sailors Union of the Pacific_________ 15 Total number of ballots counted_____________________________ 47 Number, of blank.ballots______-________________________ 0 ,Number of void ballots_____________________________________ 1 Number of challenged ballots_ - ------------------------------- 0 Number eligible to vote -------------------------------------- 48 Unlicensed Personnel of the Stewards' Departments Number of votes for Marine Cooks' and Stewards' Association of the Pacific Coast______________________________________ 16 Number of votes against Marine, Cooks' and Stewards' Asso- ciation of the Pacific Coast_______________________________ 8 Total number of ballots counted____________________________ 24 Number eligible to vote_____________________________________ 24 There were no blank, void, or challenged ballots. Radio Operators Number of votes for American Radio Telegraphists' Associa- tion, Marine Division_____________________________________ 2 Number of votes against American Radio Telegraphists' Asso- ciation, Marine Division__________________________________ 2 Total number of ballots counted_____________________________ 4 Number eligible to vote_____________________________________ There were no blank, void,, or challenged ballots. 688 NATIONAL LABOR RELATIONS BOAR') Unlicensed .Personnel of the Engine Departments Number of votes for Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers Association ----------------------- 17 Number of votes against Pacific Coast Marine Firemen , Oilers, Watertenders, & Wipers Association _______________________ 26 Total number of ballots counted____________________________ 43 Number eligible to vote------------------------------------ 43 There were no blank, void, or challenged ballots. The results of the elections show that a majority of the unlicensed deck personnel have chosen the Sailors Union of the Pacific and that a majority of the unlicensed personnel of the stewards' depart- lnents have chosen the Marine Cooks' and Stewards' Association of the Pacific Coast, -but that, no collective bargaining representatives have been selected by a majority of either the radio operators or the unlicensed personnel of the engine departments. The Sailors Union of the Pacific and the Marine Cooks' and Stewards' Associa- tion of the Pacific Coast will therefore be certified as the exclusive representatives of the unlicensed deck personnel and the unlicensed personnel of the stewards' departments, respectively, for the pur- poses of collective bargaining, but the petitions for investigation and certification of representatives filed by the American Radio Telegraphists' Association, Marine Division, and the Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers Association will be dismissed. CERTIFICATION OF REPRESENTATIVES - AND 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 and pursuant to Article III,,Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended,, IT Is HERESY CERTIFIED that' the Sailors Union of the Pacific and the Marine Cooks' and Stewards' Association of the Pacific Coast have been designated and selected, respectively, by the -majority of the unlicensed deck personnel and the unlicensed personnel of the stewards' departments on'tankers operated out of Pacific Coast ports by General Petroleum Corporation 'of California as their represent- atives for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Sailors Union of the Pacific is the exclusive representative of such 'unlicensed deck personnel and Marine Cooks' and Stewards' Association of the DECISIONS AND ORDERS 689 Pacific Coast is the exclusive representative of such unlicensed per- sonnel of the engine departments for the purposes of collective bar- gaining in respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY ORDERED that the petitions for investigation and cer- tification of representatives of the radio operators and the unlicensed personnel of the engine departments on tankers operated out of Pacific Coast ports by General Petroleum Corporation of California, filed by American Radio Telegraphists' Association, Marine Division, and Pacific Coast Marine Firemen, Oilers, Watertenders, & Wipers Association, respectively, be, and they hereby are, dismissed. [SAME TITLE] AMENDMENT TO SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND ORDER August 4, 1938 On July 29, 1938, the National Labor Relations Board, herein called the Board, issued a Supplemental Decision, Certification of Representatives, and Order in the above-entitled cases. In the next to the last paragraph of such Supplemental Decision, Certification of Representatives, and Order appears the following : ". . . and Marine Cooks" and Stewards' Association of the Pacific Coast is the exclu- sive representative of such unlicensed personnel of the engine de- partments...." The word "engine" is incorrect and should prop- erly be "stewards'." The Board hereby amends the Supplemental Decision, Certification of Representatives, and Order issued on July 29, 1938, in the above- entitled cases, by striking from the next to the last paragraph thereof the word "engine", appearing immediately after the word "the" and immediately before the word "departments", and substituting there- for the word "stewards'." 8 N. L. R. B., No. 73a.