Royal Netherlands Steamship Co.

National Labor Relations Board - Board Decisions

Feb 26, 1942

39 N.L.R.B. 265 (N.L.R.B. 1942)

In the Matter of ROYAL NETHERLANDS STEAMSrirp Co. and BROTHER-
HOOD OF RAILWAY & STEAMSHIP CLERKS, FREIGHT HANDLERS,-
EXPRESS & STATION EMPLOYEES, AFL '
Case No. R-3557.-Decided Febrvai y ,26, 19.1.0
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. L. Hamilton Garner , of New York City for the Board.
Mr. A. V. Cherbonnier , of Kirlin , Campbell , Hiclcox , Keating cC
McGrann, of New York City , for the Company.
Mr. J. R. Abbott, of North Merrick , Long Island, New York; for
the Union.
Mr. Max E. Halpern , of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 14, 1942, Brotherhood of Railway & Steamship Clerks,
Freight Handlers, Express & Station Employees, affiliated with the
American Federation of Labor, herein called the Union, filed with
the Regional Director for the Second Region (New York City), a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Royal Netherlands Steam-
ship Co., Brooklyn, New York, herein called the Company, engaged
in the operation of vessels between various countries throughout the
world, including the United States, employed by the Company at
Pier 11, Brooklyn, New York, and requesting 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
February 2, 1942, the Company, the Union and a representative of
the Board entered into a "STIPULATION FOR CERTIFICATION UPON CON-
SENT ELECTION." On February 4, 1942, 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 Relations
39 N. L. R. B, No. 47.
265
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on February 4, 1942, under the direction and supervision of
the Regional Director among all employees of the Company em-
ployed at Pier 11, Brooklyn, New York, exclusive of executives,
superintendents, engineers, heads of departments and assistant heads
of departments when their duties consist of supervision over others
and when they exercise independent judgment in the performance of
their work and when their recommendations are considered by the
Company in connection with the hiring, discharging, and promotion
of employees under them, who were on the Company's pay roll on
January 23, 1942. On February 9, 1942, the Regional Director is-
sued an Election Report, copies of which were duly served upon the
parties. No objections to the conduct, of the ballot or to the Election
Report have been filed by airy of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list_____________________________________
Total ballots cast------- -------------------------------------
Total ballots challenged _____________________________________
Total blank ballots ------------ -----------------------------
Total void ballots __________________-________________________
Total valid votes counted___________________________________
Votes cast for Brotherhood of Railway Steamship Clerks,
26
26
0
0
0
26
Freight Handlers , Express & Station Employees , A. F: L___ 23
Votes cast against aforementioned union____________________ 3
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the'repre-
sentation of employees of Royal Netherlands Steamship Co., Brook-
lyn, New York, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company employed at Pier 11, Brooklyn,
New York, exclusive of executives, superintendents, engineers, heads
of departments, and assistant heads of departments when their duties
consist of supervision over others and when they exercise independ-
ent judgment in the performance of their work and when their
recommendations are considered by the Company in connection with
the hiring, discharging, and promotion of employees under them
constitute a unit appropriate for the purposes of collective bargaining
ROYAL NETHERLANDS STEAMSHIP CO. 267
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. Brotherhood of Railway & Steamship Clerks, Freight Handlers,
Express & Station Employees , affiliated with the American Federa-
tion of Labor, has been designated and selected by a majority of the
employees in the above unit as their representative for the purposes
of collective bargaining and is the exclusive representative of all the
employees in the said unit 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, _
IT IS HEREBY CERTIFIED that Brotherhood of Railway & Steamship
Clerks, Freight Handlers , Express & Station Employees, affiliated
with the American Federation of Labor, has been designated and
selected by a 'majority of all the employees of Royal Netherlands
Steamship Co., employed at Pier 11, Brooklyn, New York, exclusive
of executives , superintendents , engineers , heads of departments, and
assistant heads of departments when their duties consist of super-
vision over others and when they exercise independent judgment in the
performance of their work and when their recommendations are con-
sidered by the Company in connection with the hiring , discharging,
and promotion of employees under them , as their representative for
the purposes of collective bargaining , and that pursuant to the pro-
visions of Section 9 ( a) of the Act, Brotherhood of Railway &
Steamship Clerks, Freight Handlers, Express & Station Employees,
affiliated with the American Federation of Labor 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.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Certification of Representatives.