Peninsular and Occidental Steamship Co.

National Labor Relations Board - Board Decisions

Mar 15, 1938

5 N.L.R.B. 959 (N.L.R.B. 1938)

In the Matter of PENINSULAR AND OCCIDENTAL STEAMsmP COMPANY
and NATIONAL MARITIME UNION OF AMERICA
Case No. C-342.-Decided March 15, 1938
Shipping Industry-Intel ference, Restraint, or Coercion: antiunion state-
ments; persuading employees to refrain from joining union of their choice;
discrediting union and union leaders ; engendering fear of loss of employment
for union membership and activity; employment of armed guards-Strikes:
sit-down-U . S. Department of Labor: conciliation-Discrimination: dis-
charges-Reinstatement Ordered-Back Pay: awarded including reasonable
value of maintenance on shipboard.
Mr. Joseph Hoskins, for the Board.
Loftin, Stokes & Calkins, by Mr. John P. Stokes and Mr. Harold B.
Wahl, of Miami, Fla., Mr. Scott M. Loftin, of Jacksonville, Fla.; and
Mr. T. Paine Kelley and Mr. T. Paine Kelley, Jr., of Tampa, Fla.,
for the respondent.
Mr. Max Lustig, of New York City, for the N. M. U.
Mr. John R. Parkhill, of Tampa, Fla., and Mr. Charlton Ogburn,
of New York City, for the I. S. U.
Mr. J. Mark Jacobson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges duly filed by National Maritime Union of America,
herein called the N. M. U., the National Labor Relations Board,
herein called the Board, by the Regional Director for the Fifteenth
Region (New Orleans, Louisiana), issued its complaint dated October
25, 1937, against Peninsular and Occidental Steamship Company,
Jacksonville, Florida, herein called the respondent. The complaint
and notice of hearing thereon were duly. served upon the respondent
and the N. M. U. The complaint alleged that the respondent had
engaged in unfair labor practices affecting commerce within the
meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On November 3, 1937, an amended complaint was duly served on the
respondent and the N. M. U. The respondent in its answer, dated
959
960 NATIONAL LABOR RELATIONS BOARD
November 10, 1937, denied all the material allegations of the
complaint.
Pursuant to notice, a hearing was held at Miami, Florida, on No-
vember 11, 12, and 13, 1937, and at Tampa, Florida, on November
17, 18, 19, and 20, 1937, before Madison Hill, the Trial Examiner
duly designated by, the Board. At the hearing, International Sea-
men's Union of America, herein called the I. S. U., a labor organiza-
tion claiming to represent employees of the respondent, moved to
intervene in the proceeding and the Trial Examiner granted its
motion.
At the hearing the Board, the respondent, the N. M. U., and the
I. S. U. were represented by counsel. Full opportunity to be heard,,
to examine and cross-examine witnesses and to produce evidence
bearing on the issues was afforded all the parties. During the hear-
ing counsel for the Board moved to amend the complaint to correct
the list of names of employees alleged to have been discharged by
the respondent. The Trial Examiner granted these motions. At
the close of the Board's case both the respondent and the I. S. U.
moved to dismiss the complaint on the ground that the evidence did
not support the charge under Section 8 (1) of the Act and that the
respondent's activities had come within the closed-shop provisions of
Section 8 (3) of the Act. The Trial Examiner denied these motions.
During the course of the hearing the Trial Examiner made several
rulings on other motions and on objections to the admission of evi-
dence. The Board has reviewed these rulings and finds that na
prejudicial errors were committed. The rulings are hereby affirmed.
Subsequent to the hearing the respondent and the I. S. U. filed
briefs with the Board. On January 11, 1938, the Board acting pur-
suant to Article II, Section 37, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, transferred the case
to itself. Subsequently thereto the respondent petitioned for oral
argument before the Board.
Pursuant to notice to all the parties, on February 24, 1938, a hear-
ing was held before the Board in Washington, D. C., for the purpose
of oral argument. The respondent, the N. M. U., 'and the I. S. U.
were represented by counsel and participated in the oral argument.
The respondent also filed a new brief.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
11
The respondent, Peninsular and Occidental Steamship Company,
is organized under the laws of the State of Connecticut and has its
principal office and place of business in New Haven, Connecticut, and
DECISIONS AND ORDERS 961
maintains a regular place of business in Jacksonville, Florida. It
is engaged in the transportation of passengers and freight between
ports of Florida and Havana, Cuba, and maintains piers and ter-
minal facilities for the loading and unloading of freight and pas-
sengers. The S. S. Cuba and S. S. Florida, operated by the respond-
ent, are the principal means of transportation of passengers, mail,
and express from eastern parts of the United States to Cuba. In
its answer the respondent admits that its business "constitutes trade,
traffic, commerce, transportation and communication among the Sev-
eral States of the United States and between foreign countries and
the United States."
We find that the respondent is engaged in traffic, commerce, and
transportation between the United States and a foreign country, and
that the crews employed on the S. S. Cuba and S. S. Florida are di-
rectly engaged in such traffic, commerce, and transportation.
H. THE ORGANIZATIONS INVOLVED
National Maritime Union of America is a labor organization af-
filiated with the Committee for Industrial Organization. It admits
to membership all unlicensed seamen.
International Seamen's Union of America is a labor organization
affiliated with the American Federation of Labor. It likewise admits,
to membership all unlicensed seamen.
III. THE UNFAIR LABOR PRACTICES
On June 4, 1937, while the S. S. Florida was in dock at Miami,
Florida, the employees in the deck department of that ship became
interested in the N. M. U. and the representatives of the men in that
department requested permission from the ship's., officers and later
from the respondent's port officials at Miami for the N. M. U. dele-
gate, Marcus Elliott, to come on board the ship and talk to the men.
At first the ship's officers and the respondent's officials refused to
grant Elliott a pass, although the evidence is clear that they cus-
tomarily granted passes to delegates of the I. S. U. to board the
respondent's ships and to talk to the crews. Andrew R. Miller, the
respondent's marine superintendent, attempted to justify this refusal
to grant Elliott a pass by stating, "We had a smooth working union
and did not care to butt in on it at the time." Later in the after-
noon, shortly before sailing time of the S. S. Florida, the respondent's
officials accompanied Elliott to the S. S. Florida and allowed him to
talk to members of the crew. The respondent's officers granted
Elliott a pass but by that time the members of the crew were not
satisfied; they decided to shift from the I. S. U. to the N. M. U. and
now demand that the respondent, recognize the N. M. U., that it
'962 NATIONAL LABOR RELATIONS BOARD
bargain with the N. M. U., and that Elliott be permitted to transfer
the union books of the crew from the I. S. U. to the N. M. U. before
the ship sailed. This the respondent's officials refused to do, claiming
that they already had a preferential shop contract with the I. S. U.1
Because of the respondent 's refusal , most of the members of the
Florida crew went on a sit-down strike , and the ship did not sail.
The news of the sit-down strike on the S. S. Florida was com-
municated on June 6 to the crew of the S . S. Cuba which was then
at Port Tampa, Florida. A majority of the members of this crew
also decided to transfer their membership from the I. S. U. to the
N. M. U. and to go on a sit -down strike for recognition of the N. M. U.
Such a strike took place.
On June 7 the sit-down strike was settled through the intervention
of a United States Department of Labor conciliator . Under the terms
of the settlement the respondent agreed not to discriminate against
any of the strikers and to permit N. M. U. delegates to board the ships
-while they were in port at such times when they would not interfere
-with the work of the crew . The S . S. Florida next sailed on June 8
and the S. S . Cuba on June 9. The respondent did not discharge any
of the members of the crew and paid them for their time during the
strike. The evidence clearly indicates that in the several round trips
following the strike the crews acted efficiently and with proper
discipline.
During the trips following the termination of the strike , the officers
of the S. S. Cuba, in conversation with members of the crew, made
remarks hostile to the N. M. U., and attempted to induce members
,of the crew not to join or to resign from the N. M. U. Clarie Laris,
a seaman on the Cuba, testified that on one of the trips Captain Lord
asked him if he was going to be a member of the N. M. U. or of the
T. S. U., and when'Laris told him that he was with the majority, the
N. M. U., and was going to stay with the N. M. U., Captain Lord said,
"That is a bad wwty to feel about it. You have been on here all this
time. The N. M. U., all they want is to get you into the union and
then get half your wages."
Julio Espinola, a member of the Cuba crew , testified that on the
morning of June 19 First Mate Malone called him to his cabin and
that there he found Nick Giosue, Jose Arnoso Tarente, and Alfreda
Pena Blanco. Malone read to them from a magazine article about
the N . M. U., which stated that the organization was nothing but a
bunch of communists and reds. Malone added , "Don't pay any atten-
tion to them ( the N. M. U. organizers ). They are a bunch of aliens."
Malone further told them that he would give them a chance to turn
their N. M. U. books back for I. S. U. books and that was the only
1 Respondent Exhibit No. 2.
DECISIONS AND ORDERS 963
way that they could keep their jobs. This testimony was confirmed
by Nick Giosue.
Jose Maldonado Ortiz, a seaman on the Cuba, testified that on June
17, during a conversation with Captain Lord, the Captain, referring
to Elliott, N. M. U. delegate, said, "Do you see that man that looks
like a Russian? He can't speak English. These men are only trying
to steal your money. That union is not going to last six months...
He (Elliott) is a liar because the delegate of the N. M. U. said he got
28 companies in that N. Al. U. union and Mr. Miller (the respondent's
marine superintendent) found out from New York that there are only
three companies in that union." Ortiz further testified that on one of
the trips to Havana, Malone read to him material from a book against
the N. M. U. and told him that if he did not change over to the I. S. U.
he would lose his job.
Frank Balbontin, a seaman on the Cuba, testified that four or five
weeks after his discharge he met Captain Lord at Port Tampa,
Florida, and that the Captain remarked, "Are you • still with that.
bunch of the N. M. U. They are a bunch of anarchists and let me.
prove it to you, Frank. . . . Communist means that if I have two•
homes, they take one from me and give it to you...., I tell you,.
Frank, that union of yours, you know it is helping the government of
Spain."
On June 19, while the S. S. Cuba was in Port Tampa, Florida, the
respondent discharged the entire crew and subsequently failed to rein-
state the N. M. U. members of the crew. The circumstances under-
which this discharge took place clearly indicate that the respondent
was discriminating against members of the N. M. U.
Balbontin testified that on June 19 he overheard Smith and Pitman,.
the I. S. U. delegates, and Dupree, Chief Engineer of the Cuba, talking-
to the engine room crew and that he heard Pitman telling the members
of the engine room that an agreement had been made with the com-
pany for the crew to be paid off and that the I. S. U. would replace all
the "phony" N. M. U. men on the ship. Balbontin further testified
that he heard Dupree say, "That is right, boys. I back you up to do.
as Mr. Pitman says."
The S. S. Cuba engine room crew, which belonged to the I. S. U.,
notified Dupree that it would not sail with the N. M. U., and the
record indicates that members of the engine room department went
on a sit-clown strike to enforce their demands. About 9:45 in the,
morning of June 19, Clarie Laris was asked by First Mate Malone
whether he intended to side with the N. M. U. or the I. S. U. and
when he said that he was going to stay with the N. M. U., Malone
and Russell, the Quartermaster, told him that the I. S. U. was going-
to sit down and refuse to sail the ship with N. M. U. men. Malone-
added that, if he did not side with the I. S. U., he would be fired.
'964 NATIONAL LABOR RELATIONS BOARD
About three o'clock that afternoon, Captain Lord informed the
members of the crew that the ship would be tied up indefinitely and
that the entire crew was discharged and that the men were to be
paid off. Some of the members of the deck department told the
Captain that they did not believe that the ship was going to be tied
up and refused to accept their discharges and their pay. The Cap-
tain replied that he had his orders from the company. Shortly there-
after a rain squall was coming down and at the Captain's request the
men put out extra lines to secure the ship to the dock. Some of the
men informed the Captain that they did not live at Port Tampa and
that it would be a hardship to them if they could not sleep on board
the ship that night; and testimony of several members of the crew
was that Captain Lord gave the men permission to stay on board
,the ship that night. However, about an hour later Captain Lord
returned with a United States Customs Officer and said that he
wanted to ask them in the presence of a witness to take their pay
and belongings and leave the ship. Again the members of the crew
told him that they did not believe the ship was going to be tied up
indefinitely. About nine o'clock that evening Captain Lord and one
of the respondent's officials returned with the local sheriff and a group
of deputy sheriffs; and again Captain Lord ordered the men to leave
the ship. The sheriff told the members of the crew that they were
trespassing on private property and asked them to vacate the
premises. Inasmuch as some of the members of the crew could not
readily understand English, Clarie Laris began to translate the re-
marks of the sheriff into Spanish for their benefit and while he was
doing so Malone came up with a gun in his right-hand side pocket
atnd said, "You are in the United States. Stick to your own damn
language, you bunch of communists." Although the men refused to
leave the ship voluntarily, they permitted themselves to be arrested
without violence and were accompanied by the deputy sheriffs to the
county jail. Not one of the engine department members was in-
cluded among those who were arrested. Only the N. M. U. mem-
'bers of the crew were arrested. The case was tried before County
:fudge G. H. Cornelius of Hillsboro County, Florida, on June 22,
an the charge that the arrested members of the crew had been ordered
'to depart from and to surrender possession of the ship, that they
-had failed and refused to do so, and that they had with malicious
and mischievous intent withheld its possession from its lawful owner.
'The charges against the members of the crew were dismissed by the
(Court.
Although Captain Lord stated that the entire crew was discharged,
nevertheless, the ship's officers remained on board during the night
,Of June 19. The members of the engine room crew, although they
'had originally participated in a sit-down strike against the N. M. U.
DECISIONS AND ORDERS 965
members of the crew, were also asked to stay on board the ship to put
the machinery in order for the purported indefinite tie-up of the ship.
The next day, June 20, the I. S. U. delegate, Smith, advised the
respondent's officials that he could recruit a new crew for the S. S.
Cuba. The respondent gave Smith authority to go ahead and signed
up the crew recruited by the I. S. U. delegate; the respondent im-
mediately ended the Cuba's purported indefinite tie-up and in a few
days it again sailed for Havana.
On June 21, when the S. S. Florida arrived at Miami, the entire
crew of this ship, who were at this time almost exclusively members
of the N. M. U., were discharged under circumstances similar to those
recounted above in connection with the S. S. Cuba. Paul Arduin,
seaman on the S. S. Florida, testified that on that morning after the
ship had docked, the boatswain of the ship notified him that First
Mate Donovan had instructed him to call all the men of the deck
department to a meeting to be held immediately on the promenade
deck. When the men assembled there, there were two I. S. U. dele-
gates, Smith and Pitman, present. Smith addressed them, stating
that he was a representative of the I. S. U., that the respondent was
behind him, and that all of the members of the crew knew what had
happened to the crew of the Cuba. He warned them that unless
they changed from the N. M. U. to the I. S. U. they would be dis-
charged from the ship, and that if they refused to leave the ship
they "should be run off the ship by the law and put in jail," as had
been the members of the Cuba crew. These remarks were made in
the presence of First Mate Donovan, who immediately told the mem-
bers of the crew that his orders were from Mr. Miller, marine super-
intendent of the respondent, that they were to change from the
N. M. U. to the I. S. U. immediately or be discharged from the ship.
He requested those who did not wish to make the change to step
forward so that their names could be taken down by Atchison, second
officer, who was also present. The members of the deck department
stepped forward in a' body, accepted their discharges, packed their
belongings, and peacefully left the ship. Arduin remarked to Dono-
van that he had understood that there were a couple of men who were
to be fired from the ship any way for union activity and Donovan
replied, "There were more than a couple of you agitators who were
to be fired."
Cristobal Ors, a steward on the Florida, testified that, just before
the second steward discharged the members of the steward's staff, he
heard the chief steward state, "It looks bad for you and everybody.
I f you want to change to the N. M. U. you will get fired."
Enrique Bazo, a seaman on the Florida, testified that before his
discharge, Chief Engineer Russell told him that he would have to
join the I. S. U. or be discharged.
966 NATIONAL LABOR RELATIONS BOARD
Jesse Taylor, a seaman on the Florida, testified that, when he was
discharged by Chief Purser Lee, Lee admitted to him that he had
heard a conversation between Miller and Captain Harrington that
they were going to discharge all the employees of the crew and hire
back those who wished to come back as I. S. U. members. Lee did not
testify.
Phillip Montero, a waiter on the S. S. Florida, testified that he
overheard Miller, Chief Engineer Russell and First Mate Donovan
talking to the I. S. U. delegates in the ship's lobby and heard Dono-
van say, "Well, this is one time we will break the N. M. U. If they
don't come into the I. S. U. they will be without a job." J. M. Hall,
an oiler on the S. S. Florida, who testified on behalf of the respondent,
admitted on cross-examination that when he was discharged by the
chief engineer, he was told that everything was settled and if he
cared to go back to work he could do so. Hall returned to work the
next day.
First Mate Donovan, Chief Steward McCoy, and Chief Engineer
Russell testified that they never told any of the crew that they had to
remain members of the I. S. U. in order to retain their jobs with the
respondent. However, the weight of the evidence leads us to con-
clude that the ship's officers did make remarks to members of the
crew that were openly hostile to the N. M. U. and that indicated that
their discharges were due to their shift from the I. S. U to the
N. M. U.
On June 22, as in the case of the S. S. Cuba, the I. S. U. representa-
tives informed the respondent that it could supply a crew of I. S. U.
members and again, as in the case of the S. S. Cuba, the respondent
changed its mind about indefinitely tying up the ship and accepted
the crew recruited by the I. S. U. In a few days the S. S. Florida
sailed again.
The respondent endeavors to justify its wholesale discharges of
N. M. U. members of the S. S. Florida and S. S. Cuba crews on sev-
eral grounds. The respondent alleges that under the shipping ar-
ticles signed by members of the crew, the employment of the crew
automatically terminated at the conclusion of each round trip. How-
ever, regardless of any technical interpretation that may be given
to the phraseology of the shipping articles, the record is clear that
the respondent did not make a practice of terminating the employ-
ment of the crew at the conclusion of each voyage. The S. S. Florida
and S. S. Cuba make trips from Florida to Cuba two or three times a
week and the same crews are kept on from one trip to the next. The
employment records 2 of the crew members for both ships introduced
by the respondent clearly indicate that the same men have worked
2 Respondent Exhibit Nos., 5 and 8.
DECISIONS AND ORDERS 967"
on these two ships for a considerable length of time. The respondent
does not require members of the crew to sign new shipping articles,
for each voyage. Before their respective discharges, the last shipping.
articles signed by the crew of the S. S. Cuba were on May 17, 1937,
and of the S. S. Florida on May 28, 1937.
The respondent places considerable emphasis upon the sit-down,
strikes that had occurred on the S. S. Florida and S. S. Cuba during.
the early part of June. The record is clear, however, that the re-
spondent did not discharge its employees because of those strikes. In
the settlement of those strikes the respondent agreed not to discrimi-
nate against the strikers and, in fact, paid them for their time during,
these strikes.
The respondent contends that the ship's officers had developed the
feeling that the crews on the two ships were no longer "safe." The
respondent introduced evidence upon which it bases a conclusion,
that the members of the crews of these ships were contemplating-
another series of sit-down strikes and possible sabotage. The evi-
dence thereon is not convincing. Moreover, Scott M. Loftin, vice-
president and general counsel of the respondent, admitted on cross-
examination that the respondent had no objection generally speaking
to the competency of the crews. Earl C. Jackson, third officer of the,
S. S. Florida, admitted on cross-examination that from the termina-
tion of the sit-down strike until the discharges on June 21, the men,
did their work properly and their attitude was friendly. G. E. Rus-
sell, Chief Engineer of the Florida, admitted on cross-examination
that during that same interval the men performed their duties.
satisfactorily.
The respondent further contends that the difficulties arose out
of a jurisdictional dispute between the N. M. U. and the I. S. U.
and that it could do nothing else than discharge the crews of the two,
ships. In support of this argument, Scott M. Loftin emphasized in.
his testimony the fact that the I. S. U. engine room men on the
Cuba refused to sail with the N. M. U. men and that it was much
more difficult to replace engine room men than the stewards, who.
were the backbone of the N. M. U. movement on the S. S. Cuba..
The record, however, is clear that the respondent made no effort
whatsoever to replace the I. S. U. engine room men who refused to
sail with the other members of the crew. Moreover, the respond-
ent's argument does not take account of the discharges on the.
S. S. Florida where apparently the entire crew belonged to the
N. M. U., where there was no clash between I. S. U. and N. M. U.,
men on board, and where, nevertheless, the entire crew was discharged.
And finally the respondent attempts to justify its discharges on
the ground that they were required under the terms of an unexpired;
80535-38-62
.968 NATIONAL LABOR RELATIONS BOARD
.contract entered into in the spring of 1936 with the I. S. U. Article
II, Section 1, of this agreement provides, "It is understood and
.agreed that as vacancieg occur members of the International Sea-
:men's Union of America who are citizens of the United States shall
be given preference of employment, if they can satisfactorily qualify
-to fill the respective positions ; provided, however, that this section
shall not be construed to require the discharge of any employee who
-may not desire to join the union, or to apply to prompt reshipment
.or absence due to illness or accident." 3 This contract thus affords
no basis for reaching the conclusion that the respondent was required
-to discharge members of the N. M. U.
We find that the above actions of the respondent constitute inter-
ference, restraint, and coercion of employees in the exercise of their
right to self-organization guaranteed in Section 7 of the Act and
-that the members of the crew of the S. S. Florida, listed in Appendix
A, and the members of the crew of the S. S. Cuba, listed in Appendix
33, were discharged for the reason that they had joined and assisted
-the N. M. U.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
We find that the activities of the respondent set forth in Section III
:above, occurring in connection with the operations of the respondent
-described in Section I above, have a close, intimate and substantial
relation to trade, traffic, commerce and transportation among the sev-
eral States and with foreign countries, tending to lead to labor dis-
putes burdening and obstructing commerce and the free flow of
• commerce.
V. THE REMEDY
As we have found that the crews of the S. S. Cuba and the S. S.
.Florida were discharged because of the respondent's unfair labor prac-
tices, we shall order the respondent to offer them reinstatement; and
we shall award them back pay from the dates of their discharges to
the dates on which the respondent offers them reinstatement, less any
amounts earned by them in the meantime. The record shows that
the unlicensed personnel, in addition to monetary wages, received from
the respondent their maintenance on shipboard. Accordingly, in de-
termining the amount of back pay to be awarded to each discharged
employee of the respondent, we shall order that the reasonable value
of his maintenance on shipboard be added to the amount of his mone-
tary compensation from the respondent.
Upon the basis of the foregoing findings of fact and upon the entire
-record in the proceeding the Board makes the following:
6 Respondent Exhibit No. 2.
DECISIONS AND ORDERS
CONCLUSIONS OF LAW
969
1. National Maritime Union of America and International Sea-
mnen's Union of America are labor organizations within the meaning
of Section 2 (5) of the Act.
2. The respondent, by interfering with, restraining and coercing
its employees in the exercise of the rights guaranteed in Section 7 of
the Act, has engaged in and is engaging in unfair labor practices
within the meaning of Section 8 (1) of the Act.
3. The respondent, by discriminating in regard to the hire and
tenure of employment of the members of the crew of the S. S. Florida,
listed in Appendix A, and of the members of the crew of the S. S.
Cuba, listed in Appendix B, and thereby discouraging membership
in a labor organization, has engaged in unfair labor practices within
the meaning of Section 8 (3) of the Act.
4. The aforesaid labor practices are unfair labor practices affecting
-commerce within the meaning of Section 2 (6) and (7) of the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of
law and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that the
respondent, Peninsular and Occidental Steamship Company, Jack-
-sonville, Florida, and its officers, agents, successors and assigns shall:
1. Cease and desist from in any manner interfering with, restrain-
ing or coercing its employees in the exercise of the right to self-
,organization, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing and to
engage in concerted activities for the purposes of collective bargain-
ing or other mutual aid or protection as guaranteed in Section 7 of
the Act;
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to the members of the crew of the S. S. Florida dis-
charged on or about June 21, 1937, and listed in Appendix A, and to
the members of the crew of the S. S. Cuba discharged on or about
June 19, 1937, and listed in Appendix B, immediate and full rein-
statement to their former positions without prejudice to their senior-
ity or other rights and privileges, discharging if necessary those who
have been hired to replace the above-mentioned individuals;
(b) Make whole members of the crew of the S. S. Florida dis-
charged on or about June 21, 1937, and listed in Appendix A, and
-the membersof the ,crew of the S. S. Cuba discharged on or about June
970 NATIONAL LABOR RELATIONS BOARD
19, 1937, and listed in Appendix B, for any losses of pay they may
have suffered by reason of the respondent's discriminatory acts, by
payment to each of them of a sum of money equal to that which each
would normally have earned-including therein the reasonable value
of his maintenance on shipboard-from the date of his discharge to
the date of the respondent's offer of reinstatement, less any amount
earned by each during that period;
(c) Post immediately notices to its employees in conspicuous places
throughout its ships, stating that the respondent will cease and desist
as aforesaid ;
(d) Maintain such notices for a period of at least thirty (30) con-
secutive days from the date of posting;
(e) Notify the Regional Director for the Fifteenth Region in
writing within ten (10) days from the date of this order what steps
the respondent has taken to comply herewith.
APPENDIX A
Members of the crew of the S. S. Florida who were discharged
and whose reinstatement is herein ordered :
James Sheppard
James Feurtado
Benjamin, Greene
George Perry
Albert Roberts
Eugene Roberts
William Acheson
John Saunders
Paul Holm
Melandros Houles
Faustino Lamelas
Celestino Garcia Gomez
Antonio Houles
Thomas Borden
Lambert Tatus
Metro Kosko
James Ochandarena
Antonio Castro
Seymour Kay
Harold L. Hanson
Paul Arduin
Maurice Shuman
Emilio P. Rey
Juan Manso
Jose Penedo
Cecil Curry
Joe Cruz
Alejandro Picos
Enrique Bazo
Wilmer Wahl
Frank Watkins
James G. McCoy
Cristobal S. Ors
Enrique Torres
Gerald Ayala
Nick Villaverde
Jose Lopez
Jose Alvarez
Cipriano Jiminez
Jose Seara
Fernando Galon
Gilberto Hermandez
Manuel Lopez
Manuel Varela
Manuel Vidal
Sixto Smith
Beneto Candamio
Jose Pescador
DECISIONS AND ORDERS 971
Francisco Rodriguez
Robert Piercy,
William Diaz
Archie James
Ramon Meilan
Ricardo Heria
Valentin Nunez
Felix Valdes
Juan Barrera
! Avelino Fernandez
Jose Garcia Rivero
Phillip Montero
Anthony Diaz
Sam H. Sonner
Christ Jensen
Quintin Quintero
Pastor Villa
Jose Menendez
Maximo Martinez
Mateo Campo
Jose Castano
Placido Diaz
Segundo Menendez
Felix Perez
Genaro Cuervo
Ricardo Comes
Manuel Garcia
Miguel Alonso
Armando Lemuz
Benito Mendez
Ramon Santana
Charles Reyes
Rogelio Cruz
Delio Coto
Delio Bazo
Manuel Iglesias
Laureano Garcia
Mario Sibilia
Jesse R. Taylor
Alfred Schulz
Louis Seara
Octavio Gonzalez
Rafael Silva
Oliverio Fernandez
Rogelio Bazo
Paul Lowe
APPENDIX B
Members of the crew of the S. S. Cuba who were discharged and
whose reinstatement is herein ordered :
R. D. Collins
Alfredo Pena Blanco
Nick Giosue
-Humbert Carvalho
B. Montejo
Jose Arnoso Tarente
'Tony Montero
Jose Rodriguez
H. A. Fitch
Clarie Laris
Jose Maldonado Ortiz
Emmett Garcia
Julio Espinola
Jack Danile
Norberg Diaz
Raul Cuesta
Frank Balbontin
Herminio Fernandez
Manuel Garcia
Joseph Ansotegui
Robert Menendez
Venancio Garboso
Manual Vascos
Rafael Fernandez
Richard Gonzales
Guillermo Diaz
Jesus Garcia Fernandez
Manuel Fernandez Garcia
Manuel Barros
Abelardo Diaz
Ralph Russell
Emilio Casado
972 NATIONAL LABOR RELATIONS BOARD
Agustin Villaverde
Tony Prieto
Raimundo Cruz
Francisco Maya
Eugenio Estevez
Stanley Oropesa
Oscar Cruz
Edward Roig
Ernesto Costillo
Wenceslao Garcia
Antonio Orrantia:
Antonio Trigo^
Manuel Lopez
Bert Matcovitch
Ray Matcovitch
Jose Ramirez
Jose FolgueiraL
Frank Rivas
Joe Casanovas.