Petroleum Navigation Company

National Labor Relations Board - Board Decisions

Jan 20, 1939

10 N.L.R.B. 1348 (N.L.R.B. 1939)

In the Matter Of PETROLEUM NAVIGATION COMPANY and NAT'L
ORGANIZATION OF MASTERS, MATES & PILOTS OF AMERICA
In the Matter of PETROLEUM NAVIGATION COMPANY and MARINE
ENGINEERS' BENEFICIAL ASSN.
In the Matter Of PETROLEUM NAVIGATION COMPANY and NATIONAL
MARITIME UNION OF AMERICA
In the Matter Of PETROLEUM NAVIGATION Co. and AMERICAN RADIO
TEL. ASSN., LOCAL No. 21
Cases Nos. R-1107 to R-1110, inclusive, respectively.Decided
January 920, 1939
Shipping Industry-Investigation of Representatives : controversy concern-
ing representation of employees : employer 's refusal to recognize unions pend-
ing outcome of this proceeding-Units Appropriate for Collective Bargaining;
licensed deck officers , licensed engineers , unlicensed personnel , and licensed
radio operators , respectively, as separate units; no controversy as to-Repre-
sentatives : eligibility to participate in choice : regular employees on vacation
substituted for their temporary replacements ; proof of choice : comparison of
crew lists and signed designations-Certification of Representatives; upon
proof of majority representation.
Mr. L. N. D. Wells, Jr., for the Board.
Mr. L. B. Coppinger, of Houston, Tex., for the Company.
Mr. A. M. Hemphill, of Galveston, Tex., for the M. M. P.
Mr. Frank A. Sayre, of Galveston, Tex., and Mr. S. Patrick Carew,
of Houston, Tex., for the M. E. B. A.
Mandell & Combs, by Mr. Herman Wright, of Houston, Tex., for
the N. M. U. and the A. R. T. A.
Mr. Arthur Bendheim, of Galveston, Tex., for the C. T. U. and
the Seamen's Union.
Mr. David Y. Campbell, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF TIM CASE
On May 28, 1938, National Organization Masters, Mates and Pilots
of America,2 herein called the M. M. P., and National Marine Engi-
1 At the hearing, upon motion of counsel for the A. R. T. A ., the words "Local No. 2"
were deleted from its designation in the petition
2 See footnote 3, antra
° 10 N. L. R. B., No. 117.
1348
DECISIONS AND ORDERS 1349,
neers' Beneficial Association ,3 herein called the M. E. B. A., each
filed with the Regional Director for the Sixteenth Region (Fort
Worth, Texas) a separate petition alleging that a question affecting
commerce had arisen concerning the representation of all licensed
deck officers and all licensed engineers , respectively, employed by
Petroleum Navigation Company, Houston, Texas, herein called the
.Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c)• of the-National Labor Relations
Act, 49 Stat. 449, herein called the Act. On June 16, National Mari-
time Union of America, herein called the N. M. U., and on June 22,
American Radio Telegraphists' Association ,3 herein called the
A. R. T. A., filed with the Regional Director similar petitions on
behalf of all unlicensed personnel and all radio operators, respectively,
employed by the Company. On October 13, 1938, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act, and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
an investigation in each case and authorized the Regional Director
-to conduct it and to provide for an appropriate hearing upon due
-notice, and acting pursuant to Article III, Section 10 (c) (2), of
said Rules and Regulations, directed that the cases be consolidated
for the purposes of a hearing.
On October 21, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the
M. M. P., the M. E. B. A., the N. M. U., the A. R. T. A., and
upon Commercial Telegraphers' Union, Marine Division, herein called
the C. T. U., a labor organization claiming to represent employees
directly affected by the investigation. Pursuant to the notice, a hear-
ing was held on October 31 and November 1, 1938, at Houston, Texas,
before Albert L. Lohm, the Trial Examiner duly designated by the
Board. The Board, the Company, the N. M. U., the A. R. T. A.,
and the C. T. U. were represented by counsel and participated in the
hearing. The M. M. P. and the M. E. B. A. were represented by their
local officials and likewise participated in the hearing. Counsel for
the C. T. U. also entered his appearance on behalf of American
Federation of Labor Seamen's Union No. 21420, herein called the
Seamen's Union. The interest of the Seamen's Union in the pro-
ceeding does not appear in the record. Counsel for the C. T. U. and
the Seamen 's Union left the hearing shortly after its commencement
and did not participate further, although the hearing was kept open
the second day to allow the C. T. U. and the Seamen's Union to
present evidence. Full opportunity to be heard, to examine and
3 Incorrectly designated in the petitions as Nat'l Organization of Masters, Mates &
Pilots of America, Marine Engineers' Beneficial Ass'n, and American Radio Tel Ass'n.,
respectively. The record shows that the correct designations of the three organizations are
those set forth in the text.
147841-39-vol 10-86
1350 NATIONAL LABOR RELATIONS-BOARD
-cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties.
At the hearing, counsel for the N. M. U. and the A. R. T.- A. moved
to strike the appearance of the Seamen's Union from the record on
the grounds (a) that said union had not intervened, and (b) that
the Seamen's Union did not exist. The Trial Examiner reserved
his ruling. The motion is hereby denied. During the course of the
hearing, the Trial Examiner made several rulings on motions and
-on objections to the admission of evidence. The Board has reviewed
-the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, a Texas corporation having its principal office at
-Houston, Texas, operates four ocean-going vessels, S. S. Pueblo,
S. S. Papoose, S. S. Federal, and S. S. Republic, on which it trans-
ports crude oil and its derivatives from various points in Texas.
The port of registry of all four vessels is Houston. The Company
also operates seven intra-coastal barges, which are not involved in
this proceeding.
The total capacity of the four ships above-named is 205,500 barrels.
-In 1937 the Company transported by said vessels approximately
5,410,000 barrels, about 75 per cent of which, or 4,050,000 barrels, were
-carried to points outside Texas. The Company employs about 150
-persons.
We find that the Company is engaged in traffic, transportation, and
commerce among the several States and that the licensed deck officers,
.licensed engineers, unlicensed personnel, and licensed radio operators
employed on the vessels of the Company are directly engaged in
such traffic, transportation, and commerce.
H. THE ORGANIZATIONS INVOLVED
The M. M. P. is a labor organization, affiliated with the American
Federation of Labor and the 21 Standard Railroad Brotherhoods,
admitting to membership all- licensed masters, mates, and_ pilots,
employed by the Company.
The M. E. B. A. is a labor organization, affiliated with the Com-
mittee for Industrial Organization, admitting to membership all
licensed marine engineers employed by the Company.
The N. M. U. is a labor organization, affiliated with the Committee
for Industrial Organization, admitting to membership all unlicensed
seamen employed by the Company.
DECISIONS AND ORDERS 1351
The A. R. T. A. is a labor organization, affiliated with the Com-
mittee for Industrial Organization, admitting to membership all
licensed marine radio operators employed by the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On May 14, 1938, both the M. M. P. and the M. E. B. A. wrote
to the Company requesting it to enter into contracts covering the
deck officers and the engineers, respectively. The Company replied
to each union on May 23 that it would negotiate with the duly chosen
bargaining representatives of its employees upon proof of their
designation. On July 2, 1938, the A. R. T. A. requested the Company
by letter to enter into negotiations looking toward a contract apply-
ing to the radio operators. On July 8 the Company wrote to the
A. R. T. A. declining to enter into such negotiations pending the
outcome of the present proceeding. On August 8 and 20 and on
September 26, the N. M. U., on behalf of the unlicensed personnel,
sent letters to the Company containing requests to enter into negotia-
tions. The Company again declined for the same reason previously
stated to the A. R. T. A.
We find that questions have arisen concerning the representation
of licensed deck officers, licensed engineers, licensed radio operators,
and unlicensed personnel, respectively, employed by the Company
on the four vessels named in Section I above, and that such questions
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
IV. THE APPROPRIATE UNITS
The M. M. P., the M. E. B. A., the N. M. U., and the A. R. T. A.
each contend that all licensed deck officers, all licensed engineers, all
unlicensed personnel, and all licensed radio operators, respectively,
constitute separate appropriate units. Such employees are eligible
for membership in the respective unions and may properly consti-
tute bargaining units. The Company does not contest the propriety
of these units.
We find that all licensed deck officers, all' licensed engineers, all
unlicensed personnel, and all licensed radio operators, respectively,
employed by the Company, constitute separate units appropriate
for the purposes of collective bargaining 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
Crew lists which were introduced in evidence show that in October
1938 the Company employed 16 licensed deck officer, 16 licensed
1352 NATIONAL LABOR RELATIONS BOARD
engineers, 106 unlicensed personnel, and 4 licensed radio operators.
The M. M. P., the M. E. B. A., the N. M. U., and the A. R. T. A.
introduced their signed designations in evidence. The Company
admits the authenticity of the signatures on the designations. The
names of three regular deck officers, two regular radio operators and
one regular engineer in the respective appropriate units who were
on vacation do not appear on the October crew lists. We think
that for the, purpose of determining bargaining representatives the
names of the regular employees on vacation should be substituted
for their temporary replacements.'
A comparison of the crew lists and the designations discloses that
10 of the regular licensed deck officers have designated the M. M. P.
as their bargaining representatives; 13 regular licensed engineers
have selected the M. E. B. A.; 92 members of the unlicensed personnel
have chosen the N. M. U.; and all 4 regular licensed radio operators
are members of the A. R. T. A.
We find that the M. M. P., the M. E. B. A., the N. M. U., and the
A. R. T. A. have been designated and selected by a majority of the
employees in the four respective appropriate units as their repre-
sentatives for the purposes of collective bargaining. They are, there-
fore, the exclusive representatives of all employees in such units,
respectively, for the purposes of collective bargaining, and we will
so certify.
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 Petroleum Navigation Company, Houston,
Texas, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All licensed deck officers, all licensed engineers, all unlicensed
personnel, and all licensed radio operators, respectively, employed
by the Company, constitute four separate units appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act.
3. National Organization Masters, Mates and Pilots of America
is the exclusive representative of all licensed deck officers employed
by the Company for the purposes of collective bargaining, within
the meaning of Section 9 (a) of the Act.
4. National Marine Engineers' Beneficial Association is the ex-
clusive representative of all licensed engineers employed by the Com-
* Cf. Matter of Standard Ovl Company of New Jersey and American Radio Teiegraphnsts'
Association, Local No 2, 0 I. 0 , 8 N. L R B 901
DECISIONS AND ORDERS 1353
pany for the purposes of collective bargaining, within the meaning
of Section 9 (a) of the Act.
5. National Maritime Union of America is the exclusive repre-
sentative of all unlicensed personnel employed by the Company for
the purposes of collective bargaining, within the meaning of Section
9 (a) of the Act.
6. American Radio Telegraphists' Association is the exclusive
representative of all licensed radio operators employed by the Com-
pany for the purposes of collective bargaining, within the meaning
of Section 9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
it is hereby
CERTIFIED that National Organization Masters, Mates and Pilots of
America has been designated and selected by a majority of the
licensed deck officers employed by Petroleum Navigation Company,
Houston, Texas, as their representative for the purposes of col-
lective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, National Organization Masters, Mates and Pilots
of America 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 ;
CERTIFIED that National Marine Engineers' Beneficial Association
has been designated and selected by a majority of the licensed engi-
neers employed by Petroleum Navigation Company, Houston, Texas,
as their representative for the purposes of collective bargaining and
that, pursuant to Section 9 (a) of the Act, National Marine Engi-
neers' Beneficial Association 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;
CERTIFIED that National Maritime Union of America has been desig-
nated and selected by a majority of the unlicensed personnel employed
by Petroleum Navigation Company, Houston, Texas, as their repre-
sentative for the purposes of collective bargaining and that, pur-
suant to Section 9 (a) of the Act, National Maritime Union of
America 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;
1354 NATIONAL LABOR RELATIONS BOARD
CERTIFIED that American Radio Telegraphists' Association has been
designated and selected by a majority of.the licensed radio operators
employed by Petroleum Navigation Company, Houston, Texas, as
their representative for the purposes of collective bargaining and
that, pursuant to Section 9 (a) of the Act, American Radio Teleg-
raphists' Association is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment. .^ ,.,