International Mercantile Marine Co.

National Labor Relations Board - Board Decisions

Jun 11, 1937

2 N.L.R.B. 971 (N.L.R.B. 1937)

In the Matters Of INTERNATIONAL MERCANTILE MARINE COMPANY,
LUCKENBACH STEAMSHIP COMPANY, INC., BLACK DIAMOND STEAM-
SHIP CORPORATION and NATIONAL MARITIME UNION OF AMERICA
Cases Nos. R144, R-145, and R-146-Decided June 11, 1937
Water Transportation Industry-Election Ordered : controversy concerning
representation of employees-rival organizations ; substantial doubt as to ma-
jority status-question affecting commerce : employees directly engaged in inter-
state and foreign commerce-Unit Appropriate' for Collective Bargaining:
unlicensed personnel ; eligibility for membership in both rival organizations-
Certificateon of Representatives.
Mr. David A. Moscovitz for the Board.
Mr. A. V. Charbonnier, of New York City, for International Mer-
cantile Marine Company.
Mr. R. E. Stefferson, of New York City, for Luckenbach Steamship
Company, Inc.
Hunt, Hill & Betts, by Mr. John TV. Crandall, of New York City,
for Black Diamond Steamship Corporation.
Mr. William L. Standard, Mr. Hyman M. Glickstein, and Mr.
Samuel M. Blinken, of New York City, for National Maritime Union
of America.
Phillips, Mahoney cfr Fielding, by Mr. W. G. Goldman and Mr.
Thomas M. Kerrigan, of New York City, for International Seamen's
Union of America.
Smith, Chambers d Clare, by Mr. Wilkins, of New York City, for
Marine Cooks & Stewards Union of the Atlantic and Gulf.
Mary Lemon Schleifer, of counsel to the Board.
DECISION
STATEMENT OF CASE
On May 13, 1937, National Maritime Union of America, herein-
after referred to as N. M. U., filed three petitions with the National
Labor Relations Board, hereinafter referred to as the Board, alleging
that questions affecting commerce had arisen concerning the repre-
sentation of the unlicensed personnel employed in the deck and stew-
ards' departments on vessels operated by International Mercantile
Marine Company and its affiliated and associate companies, Lucken-
bach Steamship Company, Inc., and Black Diamond Steamship Cor-
poration, respectively, hereinafter collectively referred to as the Com-
971
972 NATIONAL LABOR RELATIONS BOARD
panies. The petitions requested the Board to investigate and to
certify representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, hereinafter referred to as the Act.
On May 14, 1937, the Board, acting pursuant to Article III, Section
10 (a) of National Labor Relations Board Rules and Regulations-
Series 1, as amended, granted the request of N. M. U. for permission
to file the petitions with the Board in Washington, D. C.
On May 19, 1937, the Board, acting pursuant to Article III, Sec-
tion 3 of said Rules and Regulations, ordered the Regional Director
for the Second Region (New York, New York) to conduct investiga-
tions and provide for appropriate hearings and to report to the
Board concerning such investigations; and, acting pursuant to
Article III, Section 10 (c) (2) of said Rules and Regulations, further
ordered that the three cases be consolidated for the purposes of
hearing.
Pursuant to a notice of hearing duly issued by the Board on May
20,1937, and served on all the parties, a hearing was held in New York
City on May 27 and continued on May 28, 1937, before Robert M.
Gates, the Trial Examiner duly designated by the Board. Full
opportunity to be heard, to examine and cross-examine witnesses
and to introduce evidence bearing on the issues was afforded all
parties. At the beginning of the hearing counsel for N. M. U. moved
that the petitions be amended to include the unlicensed personnel in
the engine department of each of the companies. The Trial Exam-
iner allowed the amendment. At the close of the hearing, counsel
for International Seamen's Union of America, hereinafter referred
to as I. S. U., and counsel for Marine Cooks and Stewards Union,
moved that the petitions for elections be denied on the grounds : (1)
that no question concerning representation has arisen; (2) that the
Companies have contracts in effect at the present time with I. S. U.,1
and (3) that elections, to result in industrial peace, should include,
all companies operating out of Atlantic and Gulf ports of the United
States. The Trial Examiner denied the motions. Many objections
to the introduction of evidence were made during the course of the
hearing by counsel for the various parties. The Board has reviewed
the rulings of the Trial Examiner on motions and objections and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
On June 7, 1937, pursuant to notice served upon all the parties,
and in response to requests by I. S. U. and by Marine Cooks and
Stewards Union, the Board heard oral argument at Washington,
D. C.
1 This position has since been abandoned.
DECISIONS AND ORDERS 973
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
International Mercantile Marine Company is a New Jersey cor-
poration with offices in New York City.2 Approximately 2800 per-
sons are employed in unlicensed capacities on the vessels operated
by it and its affiliated and associated companies.
Luckenbach Steamship Company, Inc., is a New Jersey corpora-
tion with offices in New York City.3 The petition with respect to
this Company pertains only to vessels which operate out of the port
of New York as their home port. Approximately 479 persons are
employed in unlicensed capacities on these vessels.
Black Diamond Steamship Corporation is a Delaware corporation
with offices in New York City.4 It employs approximately 213
persons in unlicensed capacities on the vessels which it operates.
At the hearing counsel for each of the three companies entered
into a stipulation which provided ". . . that these steamship
lines involved in this proceeding, and for the purposes of this pro-
ceeding and hearing, are engaged in foreign and intercoastal com-
merce". The stipulation further provided ". . . that the un-
licensed personnel described in the petition and involved in this
proceeding are employed on the vessels of the aforementioned lines
and are as such themselves engaged in foreign and intercoastal
commerce".
We find that International Mercantile Marine Company and its
affiliated and associated companies, Luckenbach Steamship Com-
pany, Inc., and Black Diamond Steamship Corporation, respectively,
are engaged in traffic, transportation, and commerce among the
several States and between the United States and foreign countries,
and that the unlicensed personnel employed in the deck, engine, and
stewards' departments of the Companies are directly engaged in
such traffic, transportation, and commerce.
2 For additional facts concerning the operations of this company and its affiliated and
associated companies see Matter of International Mercantile Marine Company and its
subsidiaries and afliates : American Merchant Line, Panama Pacific Line and United
States Lines and International Union of Operating Engineers , Local No. 3, I N. L R. B.
384.
For additional facts concerning the operations of this Company see Matter of Lucken-
bach Steamship Company, Inc, and Gateman , Watchman and Miscellaneous Waterfront
Workers Union, Local 38-124; International Longshoremen's Association, Case No. R-41,
Decision and Direction of Election issued August 31, 1936 (supra, p 181)
'For additional facts concerning the operations of this Company see Matter of Black
Diamond Steamship Corporation and Marine Engineers Beneficial Association, Local No.
33, Case No R-107, Decision and Direction of Election issued September 24, 1936
(supra, p. 241).
974 NATIONAL LABOR RELATIONS BOARD
II. THE UNIONS INVOLVED
National Maritime Union of America is a labor organization,
which was formed on May 8, 1937 . It is an ;independent organza-
tion not affiliated with any other labor organization. Its membership
is composed of unlicensed personnel employed in the deck. engine,
and stewards ' departments on vessels operated out of Atlantic, Gulf,
-and Great Lake ports of the United States and on vessels operated
on some inland bays, harbors , and fisheries.
International Seamen's Union of America is a labor organization
affiliated with the American Federation of Labor. It, also, admits
to membership unlicensed seamen employed in deck, engine, and
stewards ' departments . Marine Cooks and Stewards Union of the
Atlantic & Gulf is a labor organization , which is a district union
of I. S. U.
III. QUESTION CONCERNING REPRESENTATION
Both I. S. U. and N. M. U. claim the right to represent the un-
licensed personnel employed in the deck, engine , and stewards ' depart-
ments of the Companies . In addition , counsel for each of the
Companies stated that the Companies do not know which of these
labor organizations is the choice of a majority of their unlicensed
personnel.
We find that questions have arisen concerning the representation
of the unlicensed personnel employed in the deck, engine , and stew-
ards' departments of International Mercantile Marine Company and
its affiliated and associated companies , Luckenbach Steamship Com-
pany, Inc., and Black Diamond Steamship Corporation , respectively,
and that such questions tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
The questions which have arisen concerning representation can
best be resolved by the holding of elections by secret ballot to deter-
mine which of these organizations the employees involved desire to
represent them.
IV. THE APPROPRIATE UNIT
All of the parties agreed that the unlicensed personnel employed
by each of the Companies in the deck , engine, and stewards ' depart-
ments, constitute a unit appropriate for the purposes of collective
bargaining. The only question on which there was not complete
agreement concerned junior engineers. N. M. U. and I. S. U. contend
that since junior engineers are not required to have licenses by the
Steamboat Inspection Service, they should be included in the unit
with unlicensed personnel . The record shows that Black Diamond
Steamship Corporation does not employ any junior engineers; that
DECISIONS AND ORDERS 975
Luckenbach Steamship Company, Inc., as far as any of the witnesses
knew, does not employ any junior engineers; that International Mer-
cantile Marine Company employs 30 to 35 junior engineers and that
with the exception of about two men who have been employed in this
capacity for a number of years, the Company requires all employees
acting as junior engineers to have licenses.
At the hearing in these cases, National Marine Engineers' Bene-
ficial Association, United Licensed Officers of the United States of
America, and International Union of Operating Engineers, all having
jurisdiction over certain types of engineers, did not appear. Further-
more, the record is inconclusive on whether the junior engineers should
be included in the unit. We believe that this question should be
determined by a hearing at which all of the interested parties -Lre
represented, and full evidence is presented. We will, therefore, order
that all junior engineers, whether holding licenses or not, shall be
allowed to vote in the elections to be ordered in these cases, but
that votes of junior engineers shall be segregated from the votes of
the other unlicensed personnel, until such time as the Board deter-
mines this question for purposes of certification.
We find that the unlicensed personnel employed in the deck, engine,
and stewards' departments of International Mercantile Marine Com-
pany and its affiliated and associated companies, Luckenbach Steam-
ship Company, Inc., and Black Diamond Steamship Corporation,
respectively, constitute a unit appropriate for the purposes of collec-
tive bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
CONDUCT OF ELECTIONS
We will direct these elections to be held as soon as possible under the
direction and supervision of the Regional Director for the Second
Region, who shall determine in her discretion the exact time, place,
and procedure for posting notices of election and for balloting on
each ship, provided, however, that each ship must be posted with a
notice of election, a sample ballot, a list of employees eligible to
vote, and a notice of the time and place where balloting will be con-
ducted, at, at least, one port of call in the United States prior to the
port where balloting is conducted.
Those eligible to vote will be all unlicensed personnel employed
in the deck, engine, and stewards' departments, including junior
engineers, who are employed on the ship when it is posted and who
are still employed in such capacity at the time balloting takes place.
976 NATIONAL LABOR RELATIONS BOARD
CONCLusIONS OF LAW
On the basis of the above findings of fact, the Board makes the
following conclusions of law :
1. Questions affecting commerce have arisen concerning the repre-
sentation of the unlicensed personnel employed in the deck, engine,
and stewards' departments, including the junior engineers, of Inter-
national Mercantile Marine Company and its affiliated and associated
companies, Luckenbach Steamship Company, Inc., and Black Dia-
mond Steamship Corporation, respectively, within the meaning of
Section 9 (c) and Section 2, subdivisions (6) and (7) of the National
Labor Relations Act.
2. The unlicensed personnel employed in the deck, engine, and
stewards' departments of International Mercantile Marine Company
and its affiliated and associated companies, Luckenbach Steamship
Company, Inc., and Black Diamond Steamship Corporation, respec-
tively, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8
of National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is
DIRECTED that, as part of the investigations authorized by the Board
to ascertain representatives for collective bargaining, elections by
secret ballot shall be conducted as soon as convenient and beginning
as promptly as is practicable after the date of this Direction, in
conformity with the rules set forth hereinabove for the conduct of such
elections, under the direction and supervision of the Regional Di-
rector for the Second Region, acting in the matter as agent of the
National Labor Relations Board, and subject to Article III, Section
9 of said Rules and Regulations-Series 1, as amended, among the
unlicensed personnel employed in the deck, engine, and stewards'
departments, including junior engineers, of International Mercantile
Marine Company and its affiliated and associated companies, Lucken-
bach Steamship Company, Inc., on the vessels which operate out of
the port of New York as their home port, and Black Diamond Steam-
ship Corporation, respectively, to determine whether they desire to be
represented by National Maritime Union of America or by Inter-
national Seamen's Union of America, for the purposes of collective
bargaining.
DECISIONS AND ORDERS
[SAME TITLES
977
AMENDMENT TO DECISION
June 22, 1937
On June 11, 1937, the National Labor Relations Board, hereinafter
referred to as the Board, issued a Decision and Direction of Elections
in the above entitled cases. On June 14, 1937, counsel for Black
Diamond Steamship Corporation notified the Board that the Deci-
sion erroneously stated Black Diamond Steamship Corporation is en-
gaged in intercoastal commerce. Further examination of the record
shows an interpretation may reasonably be made that counsel for
Black Diamond Steamship Corporation agreed to the stipulation set
forth in Section I of Findings of Fact, on the basis that it should
state Black Diamond Steamship Corporation is engaged only in
foreign commerce. We, therefore, amend the Decision issued June
11, 1937, by finding that Black Diamond Steamship Corporation is
engaged in foreign commerce.
[SAME TITLES]
SUPPLEMENTAL DECISION
July 10, 1937
In the Decision and Direction of Elections issued in the above en-
titled cases on June 11, 1937, the Board directed that junior en-
gineers, whether licensed or not, be allowed to vote, but that their
ballots should be segregated until such time as the Board finally de-
termined whether or not junior engineers should be included in a
unit comprised of unlicensed personnel.
The Board having further considered the question in connection
with the hearing held in Matter of American France Line et al. and
International Seamen's Union of America, Case No. R-157, now de-
termines that only the ballots of those junior engineers who do not
hold licenses shall be counted in the elections being held pursuant to
the Direction of Elections issued in the above entitled cases on June
11, 1937.
[SAME TITLES ]
CERTIFICATION OF REPRESENTATIVES
(Cases Nos. R-145 and R-146)
September 9, 1937
On May 13, 1937, National Maritime Union of America, herein-
after referred to as N. M. U., filed three petitions with the National
Labor Relations Board, hereinafter referred to as the Board, alleging
that questions affecting commerce had arisen concerning the repre-
978 NATIONAL LABOR RELATIONS BOARD
sentation of the unlicensed personnel employed in the deck and
stewards' departments on vessels operated by International Mercan-
tile Marine Company and its affiliated and associate companies,
Luckenbach Steamship Company, Inc., and Black Diamond Steam-
ship Corporation, respectively. The petitions requested the Board to
investigate and to certify representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, hereinafter re-
ferred to as the Act. On May 14, 1937, the Board, acting pursuant to
Article III, Section 10 (a) of National Labor Relations Board Rules
and Regulations-Series 1, as amended, granted the request of
N. M. U. for permission to file the petitions with the Board in
Washington, D. C.
On May 19, 1937, the Board, acting pursuant to Article III, Section
3 of said Rules and Regulations, ordered the Regional Director for
the Second Region (New York, New York) to conduct investigations
and provide for appropriate hearings and to report to the Board con-
cerning such investigation; and, acting pursuant to Article III, Sec-
tion 10 (c) (2) of said Rules and Regulations, further ordered that
the three cases be consolidated for the purposes of hearing.
Pursuant to a notice of hearing duly issued by the Board on May
20, 1937, and served on all the parties, a hearing was held in New
York City on May 27 and continued on May 28, 1937, before Robert
M. Gates, the Trial Examiner duly designated by the Board. Full
opportunity to be heard, to examine and cross-examine witnesses and
to introduce evidence bearing on the issues was afforded all parties.
On June 11, 1937, the Board issued a Decision (supra, p. 971), in
which it found that a question affecting commerce had arisen concern-
ing the representation of the unlicensed personnel employed in the
deck, engine, and stewards' departments, including the junior engi-
neers who do not hold licenses, of International Mercantile Marine
Company and its affiliated and associate companies, Luckenbach
Steamship Company, Inc., and Black Diamond Steamship Corpora-
tion, respectively, and that such employees constituted a unit appro-
priate for the purposes of collective bargaining in respect to rates of
pay, wages, hours of employment, and other conditions of employ-
ment.' In its Decision the Board directed that elections be held
among such employees of the three companies, respectively, to deter-
mine whether they desire to be represented by National Maritime
Union of America or by International Seamen's Union of America,
for the purposes of collective bargaining.
Pursuant to the Board's Decision, elections by secret ballot were
conducted by the Regional Director for the Second Region among the
1 On June 22 , 1937, the Board issued an Amendment to Decision ( supra, p. 977 ), in which
it found that Black Diamond Steamship Corporation is engaged in fore],-,n commerce On
July 10, 1937, the Board issued its Supplemental Decision (supra, p 977), in which par-
ticipation of the junior engineers was limited to those who do not hold licenses.
DECISIONS AND ORDERS 979
employees of Luckenbach Steamship Company, Inc., and Black Dia-
mond Steamship Corporation, respectively, constituting the bargain-
ing unit found appropriate by the Board. On July 27, 1937, and
August 18, 1937, the Regional Director issued and duly served upon
the parties to the proceeding her Intermediate Reports on the ballots
of Black Diamond Steamship Corporation and Luckenbach Steamship
Company, Inc., respectively. No exceptions to the Intermediate
Reports have been filed by any of the parties.
As to the results of the secret ballots the Regional Director reported :
BLAOIC DIAMOND STEAMSHIP CORPORATION
Total number eligible to vote------------------------------------ 205
Total number of ballots cast------------------------------------ 199
Total number of votes in favor of National Maritime Union of
America------------------------------------------------------ 197
Total number of votes in favor of International Seamen's Union of
America------------------------------------------------------ 1
Total number of blank votes------------------------------------- 0
Total number of void ballots------------------------------------- 1
Total number of challenged ballots------------------------------- 0
LUCTENBACH STEAMSHIP COMPANY, INC.
Total number eligible to vote------------------------------------- 452
Total number of ballots counted--------------------------------- 446
Total number of votes in favor of National Maritime Union of
America------------------------------------------------------ 436
Total number of votes in favor of International Seamen's Union of
America------------------------------------------------------ 8
Total number of blank votes------------------------------------ 1
Total number of void ballots------------------------------------- 1
Total number of challenged votes------------------------------- 0,
National Maritime Union of America, having been selected by a
majority of the unlicensed personnel employed in the deck, engine, and
stewards' departments, including the junior engineers who do not hold
licenses, of Luckenbach Steamship Company, Inc., and Black Diamond
Steamship Corporation, respectively, as their representative for the
purposes of collective bargaining, is, by virtue of Section 9 (a) of the
Act, the exclusive representative for the purposes of collective bargain-
ing of all of such employees of each company, and we will so certify it.
Now. THEREFORE, 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 Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY CERTIFIED that National Maritime Union of America
has been selected by a majority of all unlicensed personnel employed
2 Proceedings pursuant to the Direction of Elections have not yet been completed in the
case of International Mercantile Marine Company.
5727-37-vol n--63
980 NATIONAL LABOR RELATIONS BOARD
in the deck, engine, and stewards' departments, including the junior
engineers who do not hold licenses, of Luckenbach Steamship Com-
pany, Inc., and Black Diamond Steamship Corporation, respectively,
as their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the National Labor Relations Act,
National Maritime Union of America is the exclusive representative of
all such employees of each company for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
[SAME TITLES ]
CERTIFICATION OF REPRESENTATIVES
(Case No. R-144 )
September 03, 1937
On May 13, 1937, National Maritime Union of America, herein-
after referred to as N. M. U., filed three petitions with the National
Labor Relations Board, hereinafter referred to as the Board, alleging
that questions affecting commerce had arisen concerning the repre-
sentation of the unlicensed personnel employed in the deck and
stewards' departments on vessels operated by International Mer-
cantile Marine Company and its affiliated and associate companies,
Luckenbach Steamship Company, Inc., and Black Diamond Steam-
ship Corporation, respectively. The petitions requested the Board
to investigate and to certify representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, hereinafter
referred to as the Act. On May 14, 1937, the Board, acting pursuant
to Article III, Section 10 (a), of National Labor Relations Board
Rules and Regulations-Series 1, as amended, granted the request of
N. M. U. for permission to file the petitions with the Board in Wash-
ington, D. C.
On May 19, 1937, the Board, acting pursuant to Article III, Sec-
tion 3 of said Rules and Regulations, ordered the Regional Director
for the Second Region (New York, New York) to conduct investiga-
tions and provide for appropriate hearings and to report to the
Board concerning such investigations; and, acting pursuant to Article
III, Section 10 (c) (2) of said Rules and Regulations, further ordered
that the three cases be consolidated for the purposes of hearing.
Pursuant to a notice of hearing duly issued by the Board on May
20, 1937, and served on all the parties, a hearing was held in New
York City on May 27 and continued on May 28, 1937, before Robert
M. Gates, the Trial Examiner duly designated by the Board. Full
DECISIONS AND ORDERS 981
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
On June 11, 1937, the Board issued a Decision (supra, p. 971) in
which it found that a question affecting commerce had arisen con-
cerning the representation of the unlicensed personnel employed in
the deck, engine, and stewards' departments, including the junior
engineers who do not hold licenses, of International Mercantile
Marine Company and its affiliated and associate companies, Lucken-
bach Steamship Company, Inc., and Black Diamond Steamship Cor-
poration, respectively, and that such employees constituted a unit ap-
propriate for the purposes of collective bargaining in respect to rates
of pay, 'ages, hours of employment, and other conditions of employ-
ment., In its Decision the Board directed that elections be held
among such employees of the -three companies, respectively, to de-
termine whether they desire to be represented by National Maritime,
Union of America or 'by International Seamen's Union'' of America,,
for the purposes of 'collective bargaining. ,
Pursuant to the Board's Decision,' i7n election by secret ballot was
conducted by the Regional Director for the Second Region among
the employees of International Mercantile Marine Company, con-
stituting the bargaining unit found appropriate by the Board. On
September 1, 1937, the Regional Director issued and duly served upon
the parties to the proceeding her Intermediate Report on the ballots
of International Mercantile Marine Company.2 No exceptions to
the Intermediate Report have been filed by any of the parties.
As to the results of the secret ballots the Regional Director re-
ported :
Total number eligible to vote---------------------------------- 3,119
Total,number of ballots counted---------- -------------------- 2,790
Total number of votes in favor of National Maritime Union
of America------------------------------------------------- 2,5G 3
Total number of votes in favor of International Seamen 's Union
of America------------------------------------------------ 170
Total number of blank votes---------------------------------- 33
Total number of void ballots---------------------------------- 24
Total number of challenged votes----------------------------- 01
National Maritime Union of America, having been selected by a
majority of the unlicensed personnel employed in the deck, engine,
and stewards' departments, including the junior engineers who do not
hold licenses, of International Mercantile Marine Company, as their
representative for the purposes of collective bargaining, is, by virtue,
1 On June 22, 1937, the Board issued an Amendment to Decision ( supra, p. 977), in which,
it found that Black Diamond Steamship Corporation is engaged in foreign commerce On
July 10 , 1937, the Board issued its Supplemental Decision (supra, p . 977), in which par-
ticipation of the junior engineers was limited to those who do not hold licenses
2 A certification in the cases of Luckenbach Steamship Company , Inc, and Black Diamond
Steamship Corporation was issued by the Board on September 9, 1937 ( supra, p. 977),.
`982 NATIONAL LABOR RELATIONS BOARD
of Section 9 (a) of the Act, the exclusive representative for the
purposes of collective bargaining of all-of such employees of =said
company, and we will so certify it.
Now, THEREFORE, by virtue of and pursuant to the power vested
in the National Labor Relations Board by Section 9 (c) of the Na-
tional Labor Relations Act, and pursuant to Article III, Section 8
of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that National Maritime Union of America
has been selected by a majority of all unlicensed personnel employed
in the deck, engine, and stewards' departments, including the junior
.engineers who do not hold licenses, of International Mercantile Ma-
rine Company, as their representative for the purposes of collective
bargaining, and that pursuant to Section 9 (a) of the National Labor
Relations Act, National Maritime Union of America is the exclusive
representative of all such employees of said company for the pur-
poses of collective bargaining in respect to rates of pay, wages, hours
of employment, and other conditions of employment.