79 N.L.R.B. 1418 (N.L.R.B. 1948)

Pacific Transport Lines, Inc.

National Labor Relations Board - Board DecisionsOct 15, 1948

79 N.L.R.B. 1418 (N.L.R.B. 1948)

In the Matter Of PACIFIC TRANSPORT LINES, INC., AMERICAN-HAWAIIAN STEAMSHIP COMPANY, AMERICAN MAIL LINE, LIICKENBACK STEAM- SHIP COMPANY, INC., OLYMPIC STEAMSHIP CO., INC., POPE & TALBOT, INC. (MCCORMACK STEAMSHIP Co. DIVISION), SHEPARD STEAMSHIP Co., EMPLOYERS and AMERICAN MERCHANT MARINE STAFF OFFICERS ASSOCIATION, INC., AFL, PETITIONER Case Nos. 20-R-0278, 30-R-P297', 20-R-298, 92O-R-2302, 00-R-2303, 20-R-2305, and 20-R4d306, respectively.Decided October 15, 1948 DECISION AND DIRECTION OF ELECTION Upon petitions duly filed, a consolidated hearing was held before hearing officers of the National Labor Relations Board. The hearing officers' rulings made at the hearing are free from prejudicial error and are hereby affirmed. During the course of the hearing Case Nos. 20-R-2278, 20-R-2298, 20-R-2302, 20-R-2303, 20-R-2305, and 20-R- 2306 were severed, leaving only Case No. 20-8-2297 involved in this proceeding. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in Case No. 20-R-2297, the Board finds : 1. The Employer, American-Hawaiian Steamship Company, is engaged in commerce within the meaning of the National Labor Rela- tions Act. 2. The Petitioner is a labor organization which claims to represent certain employees of the Employer. 3. A question affecting commerce exists, concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning * Chairman Herzog and Members Reynolds and Murdock. 79 N. L. R. B., No. 189. 1418 PACIFIC TRANSPORT LINES, INC., ET AL. 1419 of Section 9 (b) of the Act: all pursers ( including Senior Assistant Pursers, Junior Assistant Pursers, Purser Clerks , Freight Clerks, and Purser-Pharmacist 's Mates ) employed aboard vessels owned or op- erated by American-Hawaiian Steamship Company, excluding supervisors. 5. The Employer contends that an election should not be conducted at this time because the number of vessels it operates and the number of pursers it employs have been decreasing, and may continue to do so due to general business conditions and the possible termination of certain charters by the United States Army. We do not consider the indeterminate curtailment of operations predicted by the Em- ployer sufficient to preclude a present determination of representa- tives. Accordingly, we shall direct an immediate election. As this is a maritime election and the parties agree that mail balloting is more feasible than manual balloting, we hereby authorize the Regional Director under whose direction the election will be held to utilize mail balloting whenever, in his opinion, its is expedient.. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with American-Hawaiian Steam- ship Company, an election by secret ballot shall be conducted as early as possible , at a time when the Regional Director deems the election may appropriately be held, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended , among the em- ployees in the unit found appropriate in paragraph numbered 4, above , who were employed during the pay-roll period ending January 6, 1949 , including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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 , and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented , for purposes of collective bargaining , by American Merchant Marine Staff Officers Association , Inc., AFL.