New York and Cuba Mail Steamship Co.

National Labor Relations Board - Board Decisions

Dec 29, 1937

4 N.L.R.B. 716 (N.L.R.B. 1937)

In the Matter of NEW YORK AND CUBA MAIL STEAMSHIP COMPANY
and UNITED LICENSED OFFICERS OF THE UNITED STATES OF AMERICA
Case No. B-121
CERTIFICATION OF REPRESENTATIVES
December 29, 1937
On March 6, 1937, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above entitled case. On March 27, 1937, the Board issued an
Amended Direction of Election.2 The Direction, as amended, di-
rected that an election be conducted by the Regional Director for
the Second Region (New York City) among the licensed engineers
and the junior engineers, whether licensed or not, employed on the
vessels operated by New York and Cuba Mail Steamship Company,
New York City, herein called the Company, to determine whether
they desired to be represented by United Licensed Officers of the
United States of America, herein called U. L. 0., or by National
Marine Engineers' Beneficial Association, herein called M. E. B. A.
Pursuant to the Direction of Election, as amended, an election was
conducted by the Regional Director beginning April 23, 1937. On
June 12, 1937, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 1; as amended, issued and duly served upon the parties
to the proceedings an Intermediate Report on the election. Prior to
this date, however, protests had been filed by M. E. B. A. on the
conduct of the election. On August 14, 1937, after a hearing on the
protests, the Board directed that a new election be conducted among
the licensed engineers, for the reason that M. E. B. A. had intro-
duced evidence at the hearing that a majority of the engineers had
changed their affiliation during the course of and subsequent to the
election. This Direction of Election 3 also stated that in conformity
with the Board's decision in Matter of American France Line et al.
and International Seamen's Union of America ,4 to which the Com-
pany was a party, the Board amended its finding on the appropriate
unit to include only those engineers required to be licensed by the
12 N. L. R. B., 595.
2N.L.R.B,601.
2 N. L. R. B., 603.
* 3 N. L. R. B., 64.
716
DECISIONS AND ORDERS 717
United States Bureau of Marine Inspection and Navigation, and_
junior engineers who hold licenses.
On August 18, 1937, U. L. O. filed protests with the Board con-
cerning,the Board's direction of a new election among the licensed-
engineers. On October 1, 1937, after presentation of oral argument
to the Board by all parties to the proceedings, the Board affirmed its•
Direction of Election 6 as to the engineers, amending the Direction
of Election, however, to provide that a space be included on the
ballot in which voters might indicate they did not wish either U..
L. O. or M. E. B. A. to represent them.
On December 6, 1937, the Regional Director acting pursuant to,
Article III, Section 9, of National Relations Board Rules and Regu-
lations-Series 1, as amended, issued and duly served upon the'
parties to the proceedings an Intermediate Report on the subsequent
election. The Intermediate Report stated that U. L. O. had refused
to participate in the election, contending that it should have been,
certified by the Board on the basis of the results of the first election..
No objections or exceptions to the Intermediate Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported"
as follows :
Total number eligible to vote __------------------------------ 37
Total number ballots cast____________________________________ 34
Total number votes for U. L. O______________________________ 2
Total number votes for M. E. B. A___________________________ 32
Total number votes for neither______________________________ 0
Total number blank ballots_________________________________ 0
Total number void ballots___________________________________ 0
Total number challenged ballots____________________________ 0
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that National Marine Engineers' Beneficial
Association has been designated and selected by a majority of the
licensed engineers and the junior engineers who hold licenses em-
ployed on the vessels operated by New York and Cuba Mail Steam-
ship Company, New York City, as their representative for the pur-
poses of collective bargaining and that, pursuant to the provisions of
Section 9 (a) of the Act, National Marine Engineers' Beneficial- As-
sociation, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages..
hours of employment, and other conditions of employment.
5 2 N. L. R. B., 606.