Isbrandtsen Steamship Co., Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 883 (N.L.R.B. 1943)

In the Matter Of ISBRANDTSEN STEAMSHIP CO., INC . and AMERICAN
COMMUNICATIONS ASSOCIATION, C. I. O.
Case No. R-5663.-Decided July 30, 1943
Mr. Robert A. Lilly, of New York City, for the Company.
Boudin, Cohn cfi Glickstein, by Mr. Leonard B. Boudin, of New
York City, for the C. I. O.
Air. Henry H. Silverman, of New York City, for the A. F. of L.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Communications Association,
affiliated with the C. I. 0., herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Isbrandtsen Steamship Co., Inc., New York City,
herein called, the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Martin I.
Rose , Trial Examiner. Said hearing was held at New York City,
on July 6, 1943. The Company, the C. I. 0., and Radio Officers'
Union, Commercial Telegraphers' Union, affiliated with the A. F. of
L., herein called the A. F. of L., appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing upon the issues. The
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed: All parties were afforded op-
portunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Isbrandtsen Steamship Co., Inc., is a New York corporation. It
is the owner of one vessel, operates four others at the request of
51 N. L. R. B, No. 137.
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884 DECISIONS OF NATIONAL LABOR REDATIONIS BOARD
the War Shipping Administration, and is engaged in transporting
goods between the United States and foreign countries. The Com-
pany admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
American Communications Association, affiliated with the Con-
gress of Industrial Organizations, and Radio Officers' Union, Com-
mercial Telegraphers' Union, affiliated with the American Feder-
ation of Labor, are labor organizations admitting' to membership
employees of the Company.
' III. THE QUESTION CONCERNING REPRESENTATION
In April 1943, the C. I. O. requested recognition from the Com-'
pany and later submitted a proposed contract for the purpose of
collective bargaining to the Company's attorneys. The Company
refused to grant the C. I. O.'s request. On June 10, 1943, the A. F.
of L. also requested recognition from the Company, which was like-
wise denied.
A statement prepared by the Regional Director, introduced in
evidence, indicates that the Unions represent a substantial number
of employees in the unit hereinafter found to be appropriate.'
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
radio oprators employed on vessels owned or operated by the Com-
pany, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Unions are in dispute as to the eligibility date; the C. I. O.
contends that 'the eligibility date should be the pay-roll date im-'
mediately' preceding the date of the Direction of Election, while the
A. F. of L. urges that the number of employees eligible to vote
should be determined as of the date of the Direction of Election
and that the particular employees eligible should be the radio oper-
ators in the Company's employ on the date of the posting and
balloting on each vessel.
1 The Regional Director 's statement shows that the C. I. 0. submitted four authoriza-
tion cards, all bearing apparently genuine signatures , and all bearing names of persons
whose names are listed on the Company's pay roll of June 21, 1943; there are five employees
in the appropriate unit. The A. F. of L. submitted one membership card, bearing ap-
parently a genuine signature and the name of an employee listed on the above-mentioned
pay roll. %
ISBRANDTSEN- STEAMSHIP Co., INC. ' 885
Experience in the conduct of elections during this emergency period
under the procedure customarily utilized by the Board in maritime
case 2 has shown that such procedure operates to delay a successful con-
clusion of the balloting. Due to the increasing feasibility of balloting
vessels by mail, the Board has decided to adopt this method in the fu-
ture whenever possible in the interest of expediency. This will elimi-
nate in great measure many of the difficulties arising from uncertainty
as to the arrival, departure, and routes of vessels which motivated
the Board, in part, in the adoption of its present balloting procedure.
Thus, whereas eligibility to vote has been determined as of the time
balloting takes place on the vessel, we shall now adopt the pay-roll
date immediately preceding the date of the Direction of Election for
eligibility purposes. Accordingly, we shall direct that the question
concerning representation which has arisen be resolved by an election
by secret ballot among the employees in the appropriate unit, who were
employed during the pay-roll period immediately preceding the date
of our Direction of Election, subject to the limitations and additions set
forth in said Direction. We shall further direct that the Regional
Director for the Second Region, under whose direction the election will
be held, shall determine the exact time, place, and procedure for giving
notice of the election for balloting. The Regional Director is hereby
given -specific authority to use the mail for balloting purposes when-
ever, in his discretion, expediency will be served thereby.
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Isbrandtsen Steamship Co., Inc., New York City, an election by
secret ballot shall be conducted as soon as convenient, and beginning
as promptly as practicable after the date of this Direction, in conform-
ity with the instructions set forth in Section V, above, for the conduct
of such election, under the direction and supervision of the Regional
Director for the Second Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
2 See In the Matter of American Hawaiian Steamship Company, 41 N. L. R. B 425
886 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
including employees who did not work during such pay-roll period
because they were ill or on vacation' or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding employees who
have since quit or been discharged for cause, to determine whether
they desire to be presented by American Communications Association,
affiliated with the C. I. 0., or by Radio Officers' Union, Commercial
Telegraphers' Union, affiliated with the A. F. of L., for the purposes
of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.