Grace Line, Inc.

National Labor Relations Board - Board Decisions

Jan 10, 1938

4 N.L.R.B. 763 (N.L.R.B. 1938)

In the Matter of GRACE LINE, INC., and PANAMA MAIL STEAMSHIP
COMPANY and NATIONAL MARINE ENGINEERS' BENEFICIAL ASSOCI-
ATION, LOCAL No. 33
Case No. R-110
CERTIFICATION OF REPRESENTATIVES
January 10, 1938
On November 13, 1936, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case. On February'4, 1937, the Board, after further
hearing, issued a Supplemental Decision and Direction of Election.
The Direction of Election directed that elections be held among the
licensed chief, assistant, and relief engineers and the junior engi-
neers, whether licensed or not, employed on the vessels operated by
Grace Line, Inc., New York City, and by Panama Mail Steamship
Company, New York City, respectively, to determine whether they
wished to be represented by National Marine Engineers' Beneficial
Association,' herein called M. E. B. A. or by United Licensed Officers
of the United States of America, herein called U. L. 0., or by Inter-
national Union of Operating Engineers, herein called I. U. O. E.
Pursuant to the Direction, elections were conducted by the Regional
Director for the Second Region (New York City) between March
13 and June 9, 1937.
On June 11, 1937, prior to certification by the Board of the results
of these elections, International Seamen's Union of America, filed
a petition with the Board concerning the representation of the un-
licensed personnel employed on the vessels operated by Grace Line,
Inc.' At the hearing on this petition additional evidence was se-
cured on the question of whether junior engineers, many of whom
hold licenses though not required to do so by law, should be included
in the unit with licensed engineers or in the unit comprised of
unlicensed personnel.
The Decision and Direction of Elections, rendered pursuant to the
petitions filed on June 11, 1937,3 found that junior engineers who do
1Incoriectly named in the Direction as "Ma-mne En -sneers' Beneficial Association."
=This was one of 76 petitions filed simultaneously concerning unlicensed personnel em-
ployed on vessels operated out of Atlantic and Gulf ports These petitions were
consolidated for purposes of hearing, under the title Matter of American France Line
et al. and International Seamen's Union of America, Case No. R-157.
'Matter of American France Line et al and International Seamen's Union of America,
8 N. L. R. B. 64.
763
764 NATIONAL LABOR RELATIONS BOARD
not hold licenses should be included in a unit with other unlicensed
personnel.
In the elections which had been held among the licensed engi-
neers employed by Grace Line, Inc., and Panama Mail Steamship
Company, the ballots of junior engineers who did not hold licenses
were not segregated and the majority received by one of the unions
was so slight that an elimination of these ballots might have
materially affected the results of the elections. The Board accord-
ingly, on September 8, 1937, directed that new elections be held
among the licensed chief, assistant, and relief engineers and the
junior engineers who hold licenses, employed by Grace Line, Inc.,
and Panama Mail Steamship Company, respectively.
.On December 6, 1937, the Regional Director for the Second Region,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties an Intermediate Report on the
election among the licensed engineers employed by Panama Mail
Steamship Company and on December 16, 1937, issued and duly
served upon the parties an Intermediate Report on the election among
the licensed engineers employed by Grace Line, Inc. On Decem-
ber 22, 1937, the Regional Director issued and duly served an Amend-
ment to the Intermediate Report on the election in Grace Line, Inc.
No objections or exceptions to the Intermediate Reports, or to the
Amendment thereto, have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Grace Line, Inc.
Number eligible to vote------------------------------------ 44
Number of ballots cast------------------------------------- 41
Number of ballots counted --------------------------------- 37
Number of votes for I. U. 0. E ------------------------------ 0
Number of votes for M. E. B. A----- ------------------------- 31
Number of votes for U. L. 0--------------------------------- 6
Number of blank ballots------------------------------------ 0
Number of void ballots------------------------------------- 1
Number of challenged ballots----- ------------------------- 3
Panama Mail Steamship Company
Number eligible to vote--- ---------------------------------- 18
Number of ballots cast------------------------------------- 16
Number of ballots counted---------------------------------- 15
Number of votes for I. U. 0. E------------------------------ 0
Number of votes for M. E. B A------------------------------ 12
Number of votes for U. L. 0-------------------------------- 3
'Number of blank ballots------------------------------------ 1
Number of void ballots------------------------------------- 0
Number of challenged ballots-------------------------------- -0
DECISIONS AND ORDERS 765
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 CERTIFIED that National Marine Engineers ' Beneficial
Association has been designated and selected by a majority of the
licensed chief, assistant, and relief engineers and the junior engineers
who hold licenses employed on the vessels operated by Grace Line,
Inc., New York City, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, National Marine Engineers' Beneficial Association, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that National Marine Engineers ' Beneficial
Association has been designated and selected by a majority of the
licensed chief, assistant, and relief engineers and the junior engineers
who hold licenses employed on the vessels operated by Panama Mail
Steamship Company, New York City, as their representative for the
purposes of collective bargaining and that, pursuant to the provi-
sions of Section 9 (a) of the Act, National Marine Engineers' Bene-
ficial Association, is the exclusive representative of all such employees
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Certification of Representatives.