Grace Line, Inc.

National Labor Relations Board - Board Decisions

Feb 25, 1948

76 N.L.R.B. 361 (N.L.R.B. 1948)

In the Matter of GRACE LINE, INC., EMPLOYER and AMERICAN MER-
CHANT MARINE STAFF OFFICERS' ASSOCIATION AFFILIATED WITH THR
A. F. OF L., PETITIONER
In the Matter of GRACE LINE, INC., EMPLOYER a91d AMERICAN MER-
CHANT MARINE STAFF OFFICERS' ASSOCIATION, INC., PETITIONER
Cases Nos. 2-R-7389 and 20-R-1132, respectively
SUPPLEMENTAL DECISION
ORDER
AND
CERTIFICATION OF REPRESENTATIVES
February 25, 1918
A mail election has been conducted in the above-entitled matter
pursuant to the Direction of the National Labor Relations Board 1
and in accordance with the Rules and Regulations of the Board. Upon
the conclusion of the election, Tallies of Ballots were furnished the
parties. These Tallies show that in the pursers' unit there were
approximately 92 eligible voters of whom 37 voted for the Petitioner,
2 voted against the Petitioner, and 15 voted challenged ballots.
In the Board's Decision and Direction of Elections, "chief or super-
visory" pursers were included in the pursers' unit. Before the ballots
were opened and counted, the Employer challenged the ballots of the
chief or supervisory pursers, and contended that such pursers must be
excluded in accordance with the Act, as amended. The 15 challenged
ballots were voted by such chief or supervisory pursers and 7 others did
not vote. Thereafter the Employer filed a Motion Re Exclusion From
Unit urging that such chief or supervisory pursers be excluded from
the unit. The Petitioner opposes such exclusion.
The Tally of Ballots shows that in the surgeons' unit there were
approximately 11 eligible voters, of whom 2 voted against the Peti-
tioner and none voted for it. The Petitioner has requested that its
1 74 N L It B 174. as amended on September 4 and November 17, 1947.
76 N. L. R B . No. 50.
361
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
petitions be dismissed without prejudice with respect to the surgeons'
unit.
Upon the entire record in the case, the Board' makes the following :
SUPPLEMENTAL FINDINGS OF FACT
The chief or supervisory pursers previously included in the pursers'
unit must now be excluded in accordance with the Act, as amended.'
Inasmuch as the Union's majority status, as established by the election,
will not be affected by this exclusion, we shall amend the unit by
eliminating therefrom the chief or supervisory pursers.
We find that all pursers.and assistant pursers employed on vessels
owned and operated by the Employer, excluding chief or supervisory
pursers, and excluding employees on all vessels operated by the
Employer as general agent for the United States Maritime Commis-
sion, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
The Petitioner has failed to secure a majority of the valid votes cast
in the surgeons' unit, as appears from the election results set forth
above. We shall, therefore, dismiss the petitions herein insofar as
they relate to the unit composed of sliips' surgeons.
ORDER
The National Labor Relations Board hereby orders that the peti-
tions for investigation and certification of representatives filed by the
Petitioner herein in cases numbered 2-R-7389 and 20-R-1132, be, and
they hereby are, dismissed, insofar' as they relate to the establishment
of a unit composed of ships' surgeons.
CERTIFICATION OF REPRESENTATIVES
IT Is I umEBY CERTIFiED that American Merchant Marine Staff Officers'
Association affiliated with the A. F. of L., has been designated and
selected by a majority of the employees of Grace Line, Inc., in the
unit hereinabove found appropriate, as their representative for the
purposes of collective bargaining, and that, pursuant to section 9 (a)
of the Act, as amended, the said organization is the exclusive repre-
sentative of all the employees in such unit for the purposes of collec-
tive bargaining with respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
Pursuant to the piovi,ions of Section 't (b) of the National Laboi Relations Act thr
Roaid had detcgated 1',, povv(IS In conuecthou NNIth this casa to a iIII ee-man panel con.N.ting
of the undersigned Poaid lli'mbeis [Houston, Murdock, and Gi,n I
3]Iattcr of Baker ]Ianafacturinq Co, 75 N L It 73 1012 ltattei of Icnsnall and
Bh uce Conipas S. 75 N I, It It Si)