Hillcone Steamship Co., Ltd.

National Labor Relations Board - Board Decisions

Jul 28, 1942

42 N.L.R.B. 972 (N.L.R.B. 1942)

In the Matter of HILLCONE STEAMSHIP COMPANY, LTD and SAILORS
UNION OF THE PACIFIC
In the Matter of HILLCONE STEAMSHIP COMPANY, LTD and SEAFARERS
INTERNATIONAL UNION OF NORTH AMERICA, PACIFIC DISIRICT
In the Matter Of HILLCONE STEAMSHIP COMPANY, LTD and NATIONAL
MARITIME UNION OF A1IIERIOA
Cases Nos R-3822, R-3823 and R-3824, and B-5082-5, respectively -
Decided July 28, 1942
Jurisdiction : water tianspoitation industry
Investigation and Certification of Representatives existence of question i e-
fusal to recognize or bargain with anv of unions until then. claims should be
investigated and resolved by the Board, contract with one of petitioners held
no bar, elections necessary
Units Appropriate for Collective Bargainr,ng• (1) unlicensed deck personnel ,
(2) unlicensed emploNees in the engine department, and (3) unlicensed em-
ployees in the stewards' department, on Company's three tankers perrnatted
to determine by separate elections whether they should constitute snngle,or
separate bargaining units
Mr Lyman Henry, of Siin Francisco, Calif, for the Company.
Mr I B Padzvay and illr Harry Lundeberq, of San Francisco,
Calif, and Mr H C Banks, of Richmond, Calif, for the SUP and
the SIU k
Mr. Ben2aman,Dreyftis, of San Francisco, Calif, for the NMU.
Mr, George H Gentatlees, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Sailois Union of the Pacific, hereinafter
called the SUP, by Seafarers International Union of North America,
Pacific District, hereinafter called the SIU, and by Natioiial Maiitime
Union of America, heieuraftei called the'NMU, each alleging that a
question affecting commerce had arisen concerning the representation
of employees of Hillcone Steamship Company, Ltd, Sari Francisco,
42N L R B, No 183
972
0
HILLCONE STEAMSHIP COMPANY, LTD. 973
California , herein called the Company , the National Labor Relations'
Board piovided foi an appropriate healing before Richard A. Per-
kins, Trial Examiner Said heaiing was held in San Francisco,
California , from May 4 to 12 , 1942 The Company and the Unions
appeared , participated , and were afforded full opportunity to be
heard, to example and cross -examine witnesses , and to introduce
evidence bearing on the issues The Trial Examiner 's rulings made
at the hearing are free from prejudicial error and are hereby affirmed
The Unions filed briefs which the Board has duly considered
Upon the entire record in the case, the Board makes'the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Hillcone Steamship Company , Ltd, is a Nevada corporation
engaged in operating tankers Its documented home port is San
Francisco, California It owns and operates three tankers, all of
which aie involved herein Two of them ply Pacific coast ports
while the third has been under time charter and plies Gulf and
Atlantic ports The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
Seafaieis International Union of Noith Amenca, Pacific District,
and its affiliate, Sailors Union of the Pacific, are labor organizations
admitting to member ship unlicensed employees of the Company.
National Maritime Union of America is a labor organization affil-
iated with the Congress of Industrial Organizations , admitting to
member ship 'unlicensed employees of the Company
III THE QUESTIONS CONCERNING REPRESENTATION
The Company refused to recognized or bargain collectively with
any of the unions until their claims should be investigated and
resolved by the Board
The SUP alleges that because of existing contractual relations
between it and the Company , no question has arisen concerning the
representation of unlicensed deck personnel . On February 15, 1939,
a sole recognition contract was signed by the Company and the SUP
to remain in force until February 15, 1940, and thereafter from year
to year unless notice to amend or terminate was given 30 days prior
to any date of expiration . The record discloses that the agreement
has been amended "about 4 times " and that "it is now open for
changes and 'amendments " Furthermoie , while the SUP urges the
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contract as a bar to further inquiry into the status of the unlicensed
deck personnel, it has itself filed a petition seeking an investigation
of representatives of that group. The filing of this petition, it is
stated, was a mistake, while the refusal to withdraw it resulted from
the fact that the NMU's petition included the unlicensed deck per-
sonnel as part of the appropiiate unit. We find that the contiact
does not constitute a bar to a present deteimination of iepresentatives
A statement of a Field Examiner introduced in evidence at the hear-
ing indicates that each of the unions repl'esents a substantial number
of employees in the units claimed as appropriate r
We find that questions affecting commerce have aiisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV THE APPROPRIATE UNITS, THE DETERMINATION OF REPRESENTATI\ ES
The NMU seeks a unit composed of all the unlicensed personnel on
the Company 's tankeis The other petitioneis contend three gioups
constitute sepal ate appropiiate units Thus , the SUP seeks the un-
licensed deck personnel, and the SIU seeks sepaiate units comprising
the unlicensed personnel of the stewards' depaitment and the un-
licensed personnel of the engine depaitment
Considerable testimony was adduced at the healing bealing upon
the functions of the unlicensed personnel of the three depaitments in
question Thus, the sailois and seamen comprising the deck depart-
ment perform whatever is necessary to navigate the ship and, keep
r The Field Examiner repotted that the NMU submitted 38 authoi ization cards and 2-
petitions, one dated August 25, 1941, and the other February 18, 1942 The foinier con-
tained 18 signatures , 9 of which duplicated signatures on the authorization cards, while
the latter contained 18 signatures , 4 of which duplicated names on the authouzation
cards The cards were dated July 31, 1941 , to February 3, 1942 , and all signatures
thereon appear to be genuine Nine of the claimed total of 61 signatures are names on
the January 2, 1942, pay roll Four of the 9 are in the deck department, 4 in the engine
department and 1 in the stewards ' depaitment The January 2,,1942 pay roll was not
in evidence However, the Xpril 30, 1942, pay ioll was submitted and it contained approxi-
mately 26 unlicensed deck hands , 30 unlicensed engine-room employees , and 17 unlicensed
members of the stewards' department
The statement further shows that the SIU submitted 3 petitions, one dated January
15, 1942 , containing 5 signatures , the second also dated January 15 , 1942 , containing 9
signatures , and the third dated January 14 , 1942 , containing 9 signatures There was 1
petition for the engine department of each of the Company's 3 vessels All 23 signatures
appear to be genuine and 11 of them are names on the January 2,' 1942, pay roll
The SIU also submitted a petition dated January 15, 1942 , with 2 signatures , another
of similar date containing 4 signatures , and a third dated January 14, 1942, with 6
signatures Each petition was from the stewards' department of 1 of the 3 %essels of
the Company All signatures appeal to be genuine and 5 of the 12 are names on the
January 2, 1942, pay roll
According to the Field Examiner s statement , the SUP submitted 2 petitions dated
January 15 , 1942, containing 4 and 10 signatures , respectrcely , and a third undated peti-
tion with 8 signatures Each petition was on behalf of the unlicensed (leek personnel of
the Company s 3 vessels All 22 signatures appear genuine and 9 are names on the
January 2, 1942, pay roll
HILLCONE STEAMSHIP COMPANY, LTD. 975
it seaworthy. The stewards' department (stewards, cooks, dish-
washers, and mess boys) is in charge of the ship's larder, planning,
preparing, and serving the meals This department also cleans and
otherwise services the living quarters of the crew The engine depart-
ment (firemen, oilers, wipers, and water tenders) operates and main-
tains all machinery and mechanical parts of the vessel It is clear
that the qualifications, skills, and duties of each department ate %otin
varied and distinct Each craft appears versed only in its own pecu-
liar work This cleavage is further accentuated by absence of inter-
change of personnel among the departments The personnel of each
department is housed in separate quarters and, though sharing a com-
mon mess loom, eat at different tables Moreover, SUP now r epresents
a separate unit of deck personnel These facts, considered side by side
with the traditional departmental unit generally prevailing on the
Pacific coast, strongly support the SIU's position for three distinct
units Certain other facts, however, are persuasive of the appropriate-
ness of a single unit The work of the three departments is function-
ally integrated, each is dependent upon the other in the performance
of the common task of operating-the vessel, and problems of hour,,,
wages, and conditions affect all equally We find, therefore, that the
unlicensed employees in the deck, engine, and stewards' departments,
might properly constitute separate departmental bargaining units, as
contended by the SUP and the STU, or might function as parts of a
single unit comprising all three departments Under these circunn-
stances, we shall make no final deteunmation of the appropriate unit
but shall permit the scope of the unit or units to depend iii-part upon
the results of elections 2
We shall direct that the questions concerning representation
, hich have arisen by resolved by separate elections by secret ballot
among the employees in the following voting groups, subject to the
limitations and additions hereafter set forth (1) among the unlicensed
deck personnel to determine whether they desire to be represented by
the NMU, by the SUP, or by •neither, for the put poses of collective bar -
gaining; (2) among the unlicensed employees in the engine depart-
ment to determine whether they desrr e to be i epi esented by the NMU,
by the SIU, or by neither; and (3) among the unlicensed employees
in the stewards' department to determine whether they desire to be
represented by the NMU, by the SIU, or by neither
In view of the present uncertainty as to the arrival, departure,
routes, and personnel of the Company's present operations, we shall
direct that the Regional Director for the Twentieth Region, under
2 See Matter of Globe Machine and Stamping Company and Metal Polishers Union,
Local No 3 , International Association of Machinists , District No 54, Federal Labor Union
18788 and United Automobile Workers of America, 3 N L R B 294, Matter of United
Oil Company of California and National Maritime Union of America, 37 N L R B 227
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
whose direction the election will be held, shall determine the exact
time, place, and procedure for giving notice of the election and for
balloting Those eligible to vote will be those in the respective voting
groups who are employed on each vessel at the time balloting takes
place on that vessel, provided however, that no employee shall vote
more than once.
DIRECTION OF ELECTIONS
By virtue of and,pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Seines 2, as amended, it is hereby
DIRECTED that, as part of thwinvestigation to ascertain representa-
tives for the purposes of collective bargaining with the Hillcone
Steamship Company, Ltd , San Francisco, California, elections by
secret ballot shall be conducted as soon as convenient, and beginning
ar piomptly as is practicable after the date of this Direction, in con-
formity with the instructions set foith in Section IV, above, for the
conduct of such elections, under the direction and supervision of
the Regional Director for the Twentieth 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
(1) Among the unlicensed deck peisonnel to deteimnne whether
they desire to be repiesented by the National Maritime Union of
America, by the Sailors' Union of the Pacific, of by neither,
(2) Among the unlicensed employees in the engine department to
deteinnine whether they desire to be repiesented by the National Mari-
time Union of America, by the Seafarers' Inteinational Union of
'North Ameiica, Pacific District, or by neither
(3) Among the unlicensed employees in the stewards' department
to determine whether they desii e to be represented by the National
Maritime Union of Ameiica, by the Seafarers' Inteinational Union
of North America, Pacific District, or by neither