Pennsylvania Shipping Co.

National Labor Relations Board - Board Decisions

Jan 24, 1939

10 N.L.R.B. 1380 (N.L.R.B. 1939)

In the Matter Of PENNSYLVANIA SHIPPING Co. and UNITED LICENSED
OFFICERS OF THE U. S. A.
In the Matter Of PENNSYLVANIA SHIPPING Co. and UNITED LICENSED
OFFICERS OF THE U. S. A.
In the Matter Of PENNSYLVANIA SHIPPING Co. and NATIONAL MARINE
ENGINEERS' BENEFICIAL ASSOCIATION
In the Matter of PENNSYLVANIA SHIPPING Co. and NATIONAL ORGANI-
ZATION MASTERS, MATES AND PILOTS OF AMERICA
In the Matter Of PENNSYLVANIA SHIPPING CO. and AMERICAN RADIO
TELEGRAPHISTS ASSN., LOCAL No. 2
Cases Nos. R-1139 to R-1143, inclusive, respectively.Decided
January 24, 1939
Water Transportation In ds .stry ' Investigation of Representatives: controversy
concerning representation of employees : rival organizations ; employer's refusal
to recognize petitioning unions as exclusive representatives of employees prior
to certification by Board-Units Appropriate for Collective Bargaining: radio
operators, licensed engineers, and licensed deck officers, respectively ; stipulation
as to-Representatives: eligibility to participate in choice: stipulation as to-
Election Ordered
Mr. Jack Davis, for the Board.
tllr. Edmund J. Blake, of Boston, Mass., for the Company.
Mr. William L. Standard, by Mr. Max Lustig, of New York City,
for the A. R. T. A.
Mr. Frank J. Taylor, of New York City, for American Merchant
Marine Institute, Inc.
Mr. Richard A. Williams, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 15, 1937, United Licensed Officers of the U. S. A.,
herein called the U. L. 0., filed with the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania) two petitions alleging
that questions affecting commerce had arisen concerning the repre-
0 'N. L. R. B., No. 122.
1380
DECISIONS AND ORDERS 1381
sentation of employees of Pennsylvania Shipping Company, Inc.,
Philadelphia, Pennsylvania, herein called. the Company, and request-
ing an investigation and certification of representatives pursuant to.
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On April 15, 1938, similar petitions were filed with
the Regional Director by National Marine Engineers' Beneficial As-
sociation, herein called the M. E. B. A., and by National Organization,
Masters, Mates -and Pilots of America, herein called the M. M. & P.
On June 2, 1938, the National Labor, Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 10 (c) (2), of National Labor Relations Board Rules
and Regulations-Series 1, as amended, directed that the cases be
consolidated for the purpose of a hearing, and acting pursuant to,
Section 9 (c) of the Act and Article III, Section 3, of said Rules
and Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon clue notice.
On June 14, 1938, the American Radio Telegraphists Association,
Local No. 2, herein called the A. R. T. A., also filed a petition alleging
that a question affecting commerce had arisen concerning the em-
ployees of the Company and requesting investigation and certification,
of representatives, pursuant to Section 9 (c) of the Act.
On June 27, 1938, the Board, by the Regional Director, issued a.
notice of hearing copies of which were duly served upon the Com-
pany and- the aforesaid labor organizations 'except the A. R. T. A.
On July 5, 1938, a notice of postponement of the hearing was issued,.
copies of which were served upon the parties. On October 8, 1938,.
the Board consolidated the case involving the petition filed by the
A. R. T. A. with the cases involving the other four petitions and
directed that the investigation and hearing cover all five petitions.
On November 28, 1938, the Regional Director issued a second notice
of hearing, copies of which were duly served upon the Company
and the above-mentioned labor organizations and upon the Commer-
cial Telegraphers' Union, herein called the C. T. U., a labor ort ani-
zation claiming to represent employees directly affected by thp,
investigation.
Pursuant to the notices and amended notices of hearing, a hear-
ing was held on December 5, 1938, in Philadelphia, Pennsylvania,
before William Seagle , the Trial Examiner duly designated by the
Board . The Board, the Company and the A. R. T. A. were repre-
sented by counsel and participated in the hearing. The American
Marine Institute was represented by its president. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. The Board
147841-39-vol 10--88
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1382 NATIONAL LABOR RELATIONS BOARD
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
There was introduced in evidence. at the hearing a stipulation
signed by the Company, the U. L. 0., the M. E. B. A., the M. M.
& P., the A. R. T. A., the C. T. U., and counsel for the Board. The
stipulation, which provides that it is subject to the approval of the
Board, covers all the material issues involved in the representation
proceedings. The stipulation is hereby approved. The findings of
facts herein are predicated upon the facts set forth in the stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pennsylvania Shipping Company is a Delaware corporation with
its main office located in Philadelphia, Pennsylvania. It is engaged
in the transportation of liquid cargoes, namely, various oil products
and molasses. It operates 16 tank ships between the following ports:
Seattle, Washington; Portland, Oregon; San Francisco and San
Pedro, California; Pasadena and Houston, Texas; Lake Charles
and Norco, Louisiana; Tampa and Jacksonville, Florida; Savannah,
Georgia; Charleston, South-Carolina; Wilmington, North Carolina;
Baltimore, Maryland; Sewaren, New Jersey; Providence, Rhode
Island; and Chelsea and Fall River, Massachusetts. We find
that the Company is engaged in trade, transportation, and commerce
among the several States, and that the licensed engineers, the
licensed deck officers, and the radio operators employed by the Com-
pany in connection with the operation of the 16 tank ships are
directly engaged in such trade, transportation, and commerce.
H. THE ORGANIZATIONS INVOLVED
United Licensed Officers of the U. S. A.is an unaffiliated labor
organization, admitting to its membership deck and engine-room
officers.
National Marine, Engineers' Beneficial Association is a labor or-
ganization affiliated with the Committee for Industrial Organiza-
tion, admitting to its membership marine engineers.
National Organization Masters, Mates and Pilots of America is a
labor organization affiliated with the American Federation of Labor,
admitting to its membership masters, mates, pilots, and deck officers.
American Radio Telegraphists`Association, Local No._ 2, is a labor
organization affiliated with the Committee for Industrial Organiza-
tion, admitting to its membership operators of radios on ships.
Commercial Telegraphers' Union is a labor organization affiliated
with the American Federation of Labor, admitting to its member-
ship radio operators on ships.
DECISIONS AND ORDERS 1383
III. TIIE QUEST IONS CONCERNING REPRESENTATION
The A. R. T. A. and the C. T. U. have each requested the Coin-
pany to bargain with it as representative of the radio operators
employed on the ships operated by the Company. The Al. M. & P.
and the U. L. 0. have each requested the Company to bargain with
it as representative of the licensed d'eck"officers. The M. E. B. A.
and the U. L. 0. have each requested the Company to bargain with
it as representative of the licensed engineers . The Company has
refused to bargain with any of the aforesaid labor organizations
until the Board determines the labor organization which represents.
a majority of the employees in the respective groups.
We find that questions have arisen concerning representation of
employees of the Company, and that such questions tend to lead to
labor disputes burdening and obstructing commerce and the free
flow of commerce.
IV. THE APPROPRIATE UNITS
We find that . the radio operators , the licensed engineers , and the
licensed deck officers, respectively, enipl'oyed on the ships of the Com
pany, constitute units appropriate for the purposes of collective bar-
gaining and that said units will insure to employees of the Company
the full - benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the questions which have arisen concerning the rep-
resentation of employees of the Company can best be resolved by
elections by secret ballot. We will direct that the elections be held
as soon as possible under the direction and supervision of the Re-
gional Director ' for the Fourth Region", who shall determine in his
discretion the exact time, place , and procedure for posting notices of
election and for balloting.
The radio operators shall vote to determine whether they desire
to be represented by the A. R. T. A . or the C. T. U., or by neither.
The licensed engineers shall vote to determine whether they desire
to be represented by the U. L. 0. or the M. E. B. A., or by neither.
The licensed deck officers shall vote to determine whether they desire
to be represented by the U. L. 0. or the M. M. & P., or by neither.
Those eligible to vote will be the employees within the appropriate
units, who'were employed bythe'Companyduring the 'pay-roll period
next preceding the date of the balloting , provided , however, that
persons permanently employed but on vacation shall be entitled to
vote and that persons temporarily employed for the purpose of
relieving permanent employees shall not be entitled to vote-
1384 NATIONAL LABOR RELATIONS BOARD
The form of the ballots stipulated to by the parties will be sent to,
the Regional- Director for his information and guidance in connection
with the holding of the elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Pennsylvania Shipping Co., Philadelphia,
Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The radio operators, the licensed engineers, and the licensed deck
officers, respectively, employed on the ships of the Company, consti-
tute units appropriate for the 'purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby -
DIRECTED that, as a part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
the Pennsylvania Shipping Co., Philadelphia, Pennsylvania, elections
by secret ballot shall be conducted as soon as convenient, and begin-
ning as promptly as practicable after the date of this Direction, in
conformity with the rules set forth hereinabove for the conduct of
such elections, under the direction and supervision of the Regional
Director for the Fourth Region, acting in this matter as agent of
the National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations-Series 1, as amended :
1. Among the radio operators employed by the Company to deter-
mine whether they desire to be represented by American Radio
Telegraphists' Association or by Commercial' Telegraphers' Union;
for the • purposes of collective bargaining, or by neither ;
Among the licensed engineers employed by the Company to
determine whether they desire to be represented by United Licensed
Officers Associia.tion or by National Marine Engineers' Beneficial
,Association, for the purposes of collective bargaining, or by neither;
fl 3. Amon" the licensed deck officers employed by the Company to
`determine whether they desire to be represented by United Licensed
Officers Association or by National Organization Masters, Mates and
Pilots of America, for the purposes of collective bargaining, or by
neither. -