Midland Steamship Line, Inc.

National Labor Relations Board - Board Decisions

Sep 4, 1946

70 N.L.R.B. 1124 (N.L.R.B. 1946)

In the Matter Of MIDLAND STEAMSHIP LINE, INC., EMPLOYER and
SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA, GREAT LAKES
DISTRICT (AFL), PETITIONER
Case No. 8-R-2261.-Decided September 4, 1946
Messrs. Leckie, McCreary, Schlitz c€c Hinslea, by Mr. Ross E. Morti-
mer, of Cleveland, Ohio, for the Employer.
Mr. Stanley Wares, of Cleveland, Ohio, and Mr. Fred Farnen, of
Detroit, Mich., for the Petitioner.
Mr. Meyer A. Cook, of Cleveland, Ohio, for the Intervenor, Lake
Sailors Union.
Mr. Nathan E. Davis, of Cleveland, Ohio, for the Intervenor, Na-
tional Maritime Union of America (CIO).
Miss Kate Wallach, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Cleveland
Ohio, on July 18, 1946, before John A. Hull, Jr., Trial Examiner.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following: °
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Midland Steamship Line, Inc., is a Delaware corporation having
its principal office and place of business in Cleveland, Ohio. It is
engaged in the operation of bulk freight vessels on the Great Lakes,
and annually carries a substantial amount of bulk freight, such as coal,
ore and grain to various ports on the Great Lakes. At the time of the
hearing the Employer was operating seven vessels.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
70 N. L. R. B., No. 94.
1124
MIDLAND STEAMSHIP LINE, INC.
II. THE ORGANIZATIONS INVOLVED
1125
The Petitioner is a labor organization affiliated with American
Federation of Labor, claiming to represent employees of the Employer.
National Maritime Union of America (CIO), herein called NMU, is
a labor organization affiliated with the Congress of Industrial Or-
ganizations, claiming to represent employees of the Employer.
Lake Sailors Union, herein called the Lake Sailors, is a labor or-
ganization, claiming to represent employees of the Employer.'
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree and we find that all unlicensed personnel on the
seven vessels operated by the Employer constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act .2
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Midland Steamship Line, Inc.,
Cleveland, Ohio, an election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from 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, Sec-
tions 10 and 11, of National Labor Relations Board Rules and Regu-
lations-Series 3, as amended, among the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
I At the hearing, the Trial Examiner granted the Lake Sailors' motion to intervene, with-
out objection by any of the parties . Thereafter Petitioner expressed a doubt as to whether
the Lake Sailors had a sufficient showing of interest to warrant its participation in the
proceeding Inasmuch as we are administratively advised that the Lake Sailors has made
an adequate showing for purposes of intervention , we shall accord it a place on the ballot
in the election hereinafter directed . Hatter of 0. D. Jennings it Company, 68 N. L. It. B.
516.
S The scope of the unit has been limited in accordance with the, agreement of the parties
to the unlicensed personnel on those ships of the Employer in operation at the time of the
hearing
1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees
in the armed forces of the United States who present themselves in
person at the polls, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether they desire to
be represented by Seafarers' International Union of North America,
Great Lakes District (AFL), or by National Maritime Union of
America (CIO), or by Lake Sailors Union, for the purposes of collec-
tive bargaining, or by none of these organizations.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of
the above Decision and Direction of Election.
I