Seas Shipping Co.

National Labor Relations Board - Board Decisions

Jul 19, 1938

8 N.L.R.B. 422 (N.L.R.B. 1938)

In the Matter Of SEAS SHIPPING COMPANY and NATIONAL ORGAN-
IZATION MASTERS, MATES & PILOTS OF ADIERICA
Case No. R-755
AMENDMENT TO DIRECTION OF ELECTION
July 19, 1938
On Juiie 13, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled proceeding, the election to be held as soon as
convenient, and beginning as promptly as practicable after the date
of the Direction, under the supervision of the Regional Director
for the Second Region (New York City), 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, herein called the Company, to determine
whether or not they desire to be represented by National Organiza-
tion Masters, Mates & Pilots of America, herein called M. M. P., for
the purposes of collective bargaining. Thereafter the Company and
M. M. P. requested the Board to modify said Decision and Direction
of Election. The Board found that the record was inadequate for
a determination of the matters set forth in the request, and ordered
that the record be reopened for the introduction of further evidence.
Accordingly, we shall postpone the holding of the election
indefinitely.
The Board hereby amends its Direction of Election by striking
out the words, "as soon as convenient, and beginning as promptly as
is practicable after the date of this Direction" and substituting
therefor the words, "at such time as the Board may in the future
direct."
8- N. L. R. B., No. 45.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
SECOND AMENDMENT TO DIRECTION OF ELECTION
September 27, 1938
On June 13, 1938, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
'7 N. L. R. B. 873.
422
DECISIONS AND ORDERS 423
entitled case. The Direction of Election directed that the election be
held as soon as convenient, and beginning as promptly as practicable
after the date of the Direction, under the supervision of the Regional
Director for the Second Region (New York City), among the licensed
deck officers, including the Masters, the Chief Officers, the Second Of-
ficers, and the Third Officers, employed on vessels operated by the Seas
Shipping Company, herein called the Company, to determine whether
or not they desire to be represented by National Organization Masters,
Mates & Pilots of America, herein called M. M. P., for the purposes
of collective bargaining. Thereafter the Company and M. M. P. re-
quested the Board to modify said Decision and Direction of Election
by excluding Masters from the unit found to be appropriate. The
Board, finding that the record was inadequate for a determination of
the issue raised by the request, ordered that the record be reopened for
the introduction of further evidence, and on July 19, 1938, issued an
Amendment to Direction of Election providing that the election be
held "at such time as the Board may in the future direct."
On July 25, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, M. M. P., Inter-
national Longshoremen's Association, Local No. 1550, National Marine
Engineers' Beneficial Association, International Union of Operating
Engineers, and United Licensed Officers of the U. S. A., the last four
parties being labor organizations claiming to represent employees di
rectly affected by the investigation. Pursuant to notice, a hearing was
held at New York City, on August 15, 1938, before Whitley P. McCoy,
the Trial Examiner duly designated by the Board. The Board and
the Company were represented by counsel; M. M. P. was represented
by its National Trustee; and all participated in the hearing. None of
the other above-named labor organizations appeared. Full opportu-
nity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDING OP FACT
In our decision we found that the licensed deck officers employed by
the Company, including the Masters, Chief Officers, Second Officers,
and Third Officers, constituted a unit appropriate for the purposes of
collective bargaining. At the reopened hearing M. M. P. and the Com-
pany claimed that Masters should be excluded from such bargaining
unit, for the reason that Masters are the representatives of the owners
of the ships, and are charged with the responsibility of maintaining
discipline,
424 NATIONAL LABOR RELATIONS BOARD
As its name implies, M. M. P. admits Masters to membership and
has done so ever since 1891.2 We have recently considered the same
question in another case and there decided to include Masters in the
same unit with the other licensed desk oflicers.3 The evidence in the
instant case shows that all Masters pass through the several lower
grades of licensed deck officers and that frequently, after having
been licensed as Masters, they sail as Chief and Second Officers.
Captain Edward L. Pinchin, the National Trustee of M. M. P., testi-
fied that at the time of the reopened hearing, about 2,500 Masters
in the American Merchant Marine were employed as deck officers
below the rank of Masters. Captain Pinchin further testified that
M. M. P. bargains for the Masters even though in many cases their
employment agreement is separate from that of the other licensed
deck officers. We have weighed the considerations urged for the
exclusion of Masters from the appropriate unit, but we are not pur-
suaded that they overcome the long history of collective bargaining
in the maritime industry, the eligibility of Masters to membership
in M. M. P., and the frequent necessity of their employment as
licensed deck officers below the rank of Masters-all of which are
factors supporting their inclusion in the same unit with the other
licensed deck officers. For these reasons, we shall include the Masters
in the appropriate unit with the licensed deck officers, and therefore
affirm the finding in our decision as to the appropriate unit.
SECOND AMENDMENT To DIRECTION OF ELECTION
The Board hereby amends the Direction of Election, as amended,
by striking therefrom the words "at such time as the Board may in
the future direct," and substituting therefor the words "as soon as
convenient, and beginning as promptly as is practicable after the
date of this Supplemental Decision and Second Amendment to
Direction of Election."
MR. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Supplemental Decision and Second Amendment to Direction
of Election.
'Handbook of American Trade-Unions , Bulletin No 618, published by the United States
Department of Labor, at page 238.
31n the Matter of Standard Oil Company of New Jersey and United Licensed Officers of
the U S. A., 8 N . L R. B. 936.
8 N. L R. B, No. 45a,