Seas Shipping Co.

National Labor Relations Board - Board Decisions

Jun 13, 1938

7 N.L.R.B. 873 (N.L.R.B. 1938)

In the Matter of SEAS SHIPPING COMPANY and NATIONAL ORGANIZA-
TION MASTERS, MATES & PILOTS OF AMERICA
Case No. R-755.-Decided June 13, 1938
Water Transportation Industry-Investigation of Representatives : contro-
versy concerning representation of employees -Unit Appropriate for Collective
Bargaining: licensed deck officers ; no controversy as to-Election Ordered
Mr. Albert Ornstein, for the Board.
Mr. Frank B. Barns, of New York City, for the Company.
Mr. Edward T. Pinchin, of New York City, for M. M. P.
Mr. Roman Beck, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 26, 1938, National Organization Masters, Mates &
Pilots of America, herein called M. M. P., filed with the Regional
Director for the Second Region (New York City) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Seas Shipping Company, herein
,called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
7, 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 Relations Board 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 due notice.
On April 18, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon
-M. M. P., and upon United Licensed Officers, herein called U. L. 0.,
a labor organization purporting to represent employees directly af-
fected by the investigation. Pursuant to the notice, a hearing was
held on April 28,1938, at New York City, before Mapes Davidson, the
'Trial Examiner duly designated by the Board. The Board and the
873
874 NATIONAL LABOR RELATIONS BOARD
Company were represented by counsel; M. M. P. was represented by
its National Trustee; and all participated in the hearing. U. L. O.
did not appear and was not represented at the hearing . Full oppor-
tunity to be heard, to examine and cross -examine witnesses , and to.
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on objections to the admission of evidence . The Board has
reviewed the rulings of the Trial Examiner and finds that no,preju-
dicial errors were committed . The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF F ACT
I. THE BUSINESS OF TIIE COMPANY
Seas Shipping Company, New York City, is a New York corpora-
tion engaged in the business of transporting freight and passengers.
by ship between the United States and Africa. It operates four
vessels . A Master, a Chief Officer, a • Second Officer, and a Third
Officer, all required by law to be licensed, are employed on each of
the four vessels.
On December 4, 1936, in an earlier case involving the Company,.
the Board rendered a Decision in which it found that the Company
was engaged in commerce within the meaning of the Act.' Further-
details regarding the Company's business will be found therein.
There has been no change in the nature and scope of the Company's
business since the issuance of that Decision.
We find that the Company is engaged in traffic, transportation, and_
commerce among the several States and between the United States-
and foreign countries, and that the licensed deck officers engaged in
the operation of the four ships of the Company are directly engaged
in such traffic , transportation , and commerce.
H. THE ORGANIZATION INVOLVED
National Organization Masters, Mates & Pilots of America is a
labor organization, admitting to its membership licensed deck officers.
111. THE QUESTION CONCERNING REPRESENTATION
In its petition and at the hearing, M. M. P. claimed to represent
a majority of the deck officers employed by the Company. The
1 Matter of Seas Shipping Company and National Maitne Engineers' Beneficial Asso-
ctatton, Local No. 33, 2 N. L R B 398.
DECISIONS AND ORDERS 875
.executive vice president of the Company stated at the hearing that
it preferred certification by the Board before it recognized Al. M. P.
:as the exclusive bargaining representative of its licensed deck officers.
We find that a question has arisen concerning representation of
employees of the Company, and, that such question tends to lead to
labor disputes burdening and obstructing commerce and the free
flow of commerce.
IV. THE APPROPRIATE UNIT
In its petition M. Al. P. claimed that the licensed deck officers of
the four vessels operated by the Company constitute a unit appro-
priate for the purposes of collective bargaining. The Company did
not dispute this. As has been said, U. L. O. failed to appear at the
-hearing. The unit claimed to be appropriate by Al. M. P. is in
accord with the unit heretofore found by us to be appropriate in
previous cases.2
We find that the licensed deck officers employed by the Company,
including the Masters, Chief Officers, Second Officers,' and Third
Officers, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to such 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
Al. Al. P. claimed to represent a majority of the employees of the
Company in the appropriate unit, but introduced no evidence to
substantiate its claim, other than the testimony of its representative
that its claim is founded upon signed authorizations. The authori-
zations were not introduced in evidence as the parties orally stipu-
lated that the question of representation be determined by the Board
by the holding of an election by secret ballot. The holding of an
election by secret' ballot is necessary, therefore, to resolve the ques-
tion concerning, representation.
VI. CONDUCT OF ELECTION
New ships' articles are signed for every round-trip voyage. Each
voyage is of 4 months' duration. In order to expedite the election,
and in view of the practical difficulties involved, we will order that
notices of election, a sample ballot, a list of licensed deck officers who
'Matter of Grace Line, Inc, and Panama Mail Steamship Company and National
Marine Lngnneers' Beneficial Association, Local No 33, 2 N. L R. B 369, and cases cited
at page 375.
876 NATIONAL LABOR RELATIONS BOARD
are eligible to vote, and the time and place where the balloting will,
be held, shall be posted as soon as possible after the date of this
Direction of Election on each vessel operated by the Company before
it leaves its home port in New York City. Balloting shall take place-
in the discretion of the Regional Director either when the vessel
returns to its home port or, in the case of vessels making another
stop or stops in United States ports, at any of such other ports of
call in the United States. Eligibility to vote shall be limited to those
licensed deck officers who were employed as such on vessels operated
by the Company at any time between February 26, 1938, the date of
the filing of the petition, and the date of this Direction of Election,
and who also sign articles to make the round-trip voyage next follow-
ing the date of the issuance of this Direction of Election on the vessels
operated by the Company on which the Regional Director posts
notices pursuant to this section.
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. The licensed deck officers employed by the Company, including
Masters, Chief Officers, Second Officers, and Third Officers, constitute
a unit appropriate for the purposes of collective bargaining, withint
the meaning of Section 9 (b) of the National Labor Relations Act.
2. A question affecting commerce has arisen concerning the repre-
sentation of licensed deck officers employed by the Seas Shipping
Company, New York City, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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
DIRECTED that, as part of the investigation authorized by the Board'
to ascertain representatives for collective bargaining with Seas Ship-
ping Company, New York City, an election by secret ballot shall,
be conducted as soon as convenient, and beginning as promptly as -is
practicable after the date of this Direction, subject to the directions
for the conduct of the election set forth in Section VI above, under
the direction and supervision of the Regional Director for the Second,
DECISIONS AND ORDERS 877
Region, acting in this matter as agent of the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among the licensed deck officers, including the Masters, the
Chief Officers, the Second Officers, and the Third Officers, employed
on vessels operated by the Seas Shipping Company and eligible- to
vote as set forth in Section VI above, to determine whether or not
they desire to be represented by National Organization Masters, Mates
& Pilots of America, for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other condi-
tions of employment.