Interstate Steamship Co.

National Labor Relations Board - Board Decisions

Nov 6, 1939

17 N.L.R.B. 376 (N.L.R.B. 1939)

In the Matter of INTERSTATE. STEAMSHIP Co11IPANY and NATIONAL
MARITIME UNION OF AMERICA (C. I. 0.)
In the Matter Of INTERSTATE STEAMSHIP COMPANY and UNITED DOCK
WORKERS, L. I. U. No. 966 (C. I. 0.)
Cases Nos. R-1585 and R-1586, respectively.-Decided November
6,1939
Shipping Industry-Investigation of Representatives : controversy concerning
representation of employees : refusal by employer to recognize union as exclusive
representative of employees until certified by the Board ; motion to withdraw
petition for, as to one of the cases, granted-Unit Appropriate for Collective
Bargaining : all unlicensed seamen on the employer 's steamships , including the
chief cooks-Election Ordered
Mr. Max W. Johnstone, for the Board.
Mr. Lee C. Hinslea and Mr. Ross E. Mortimer, of Cleveland, Ohio,
for the Company.
Mr. M. Hedley Stone and Mr. Charles Abor, of Cleveland, Ohio,
for the N. M. U.
Mr. A. E. Stevenson, of Ashtabula, Ohio, for the United.
Mr. Louis Colcin, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
.
On July 24 and 25, 1939, National Maritime Union of America,
herein called the N. M. U., and United Dock Workers L. I. U. No.
966, herein called the United, respectively, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) separate petitions
alleging that questions affecting commerce had arisen concerning
the representation of employees of Interstate Steamship Company,
Cleveland, Ohio, herein called the Company, and requesting investi-
gations and certifications of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act.
17 N. L. R. B., No. 22.
376
INTERSTATE STEAMSHIP COMPANY 377
On October 24, 1939, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, and Article III, Section 10 (c) (2), of National
Labor Relations. Board Rules and Regulations-Series 2, ordered an
investigation in each case and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice,
and further ordered that the cases be consolidated for the purposes
of hearing.
On October 24, 1939, the Regional Director issued a notice of hear-
ing, copies, of which were duly served upon the Company, upon the
N. M. U., and upon the United. Pursuant to the notice, a hearing
was held on October 26 and 30, 1939, at Cleveland, Ohio, before Peter
Ward, the Trial Examiner duly designated by the Board. The
Board, the Company, the N. M. U., and the United were represented
by .counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the.
course of the hearing, counsel for the United moved to withdraw the
petition filed by the United. The Trial Examiner reserved ruling
on the motion. No evidence was introduced by the United at the
hearing. The motion is hereby granted and Case No. R-1586 will
be ordered closed.
Upon-the entire record, the Board makes the following :
FINDINGS OF FACT
1. THE BESINESS OF THE COMPANY
Interstate Steamship Company, a West Virginia corporation and a
subsidiary of the Jones & Laughlin Steel Corporation, maintains a
fleet of four steamships for the transportation of iron ore and coal
on the Great Lakes. The Company also maintains docks at Ashta-
bula. Ohio, for the unloading of iron ore from ships.
Iii 1938"the steamships of the Company transported approximately
600,000 tons of iron ore from the State of Minnesota to ports on the
Great Lakes, including Ashtabula, Ohio, and transported 250,000
tons of coal from various ports in the State of Ohio to ports in the
States of Wisconsin and Minnesota. The Company admits the juris-
diction of the Board.
We find that the Company is engaged in trade, traffic, transporta-
tion, and commerce among the several States, and that the unlicensed
personnel employed by the Company is directly engaged in such
trade, traffic, transportation, and commerce. -
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
National Maritime Union of America is a labor organization affili-
ated with the Congress of Industrial Organizations. It admits to
membership unlicensed seamen aboard the four ships of the Com-
pany's fleet.
III. THE QUESTION CONCERNING REPRESENTATION
On September 11, 1939, the N. M. U. requested the Company to
bargain with it as the representative of the majority of the unlicensed
seamen employed by the Company. The Company refused to bargain
with the N. M. U. prior to certification by the Board that it had been
designated by a majority of the. Company's employees in an appro-
priate unit.
We find that a question has arisen concerning the representation of
employees of the Company and that such question tends to lead to
labor disputes burdening and obstructing commerce and the free flow
of commerce.
IV. THE APPROPRIATE UNIT
The N. M. U. urges that all the unlicensed seamen on the Com-
pany's four steamships constitute a unit appropriate for the purposes
of collective bargaining. The Company would exclude from this
unit the chief cooks who, it claims, are supervisory employees be-
cause they have the right to hire and discharge employees` working
in the galleys of the ships. The chief cooks are eligible to member-
ship in the N. M. U. and are considered in the industry as falling
within the category of unlicensed seamen. We shall include the
chief cooks in the unit.
We find that all the unlicensed seamen on the Company's four
steamships, including the chief cooks, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will
insure to employees of the Company the full benefit of their right
to self -organization and to collective bargaining and otherwise effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The N. M. U. claimed substantial membership among the employees
in the appropriate, unit. In accordance with our usual practice we
shall order an election by secret ballot to resolve the question con-
cerning representation.
We shall direct that the employees of the Company eligible to vote
in the election shall be those in the appropriate unit who were on
INTERSTATE STEAMSHIP COMPANY 379
the Compa ty's pay roll imtediately preceding the date of our Direc-
tion of Election herein, including employees who did not work during
such pay-roll period because they were ill, on leave, or on vacation,
employees who were then or have since been temporarily laid off,
and employees last employed on steamships, of the Company which
might be temporarily' laid up, but excluding those who have since
quit or'been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Interstate Steamship Company, Cleveland,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All the unlicensed seamen on the Company's four steamships,
including the chief cooks, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
DIRECTION OF ELECTION
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, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain the representatives for the purposes of collective bargain-
ing with Interstate Steamship Company, Cleveland, Ohio, an election
by secret ballot shall be conducted as soon as convenient and begin-
ning as promptly as is practicable after the date of this Direction,
under the direction and supervision of the Regional Director for the
Eighth 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, among all the unlicensed seamen on the Company's
four steamships who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including the chief
cooks, employees who did not work during such pay-roll period be-
cause they were ill, on leave, or on vacation, employees who were
then or have since been temporarily laid off, and employees last em-
ployed on steamships of the Company that might be temporarily
laid up, but excluding employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by National Maritime Union of America, affiliated with
380 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
the Congress of Industrial Organizations, for the purposes of col-
lective bargaining.
ORDER
By virtue of 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 2,
IT IS HEREBY ORDERED that the motion of United Dock Workers
L. I. U. No. 966 for leave to withdraw its petition be, and it hereby
is, granted, and that Case No. R-1586 be, and it hereby is, closed.