Sinclair Navigation Co.

National Labor Relations Board - Board Decisions

Oct 25, 1938

9 N.L.R.B. 494 (N.L.R.B. 1938)

In the Matter of SINCLAIR NAVIGATION C01NIPANY and AMERICAN
RADIO TEL. ASS'N., LOCAL No. 2
Case No. R-1038.Decided October 25, 1938
Shipping Industry-Investigation of Representatives : controversy concerning
representation of employees : refusal by employer to recognize union as exclu-
sive representative of employees until certification by Board-Unit Appropriate
for Collective Bargaining : radio operators of ships operated by Company; no
controversy as to-Representatives : proof of choice : comparison of signatures
on union collective bargaining authorizations with signatures on pay-roll records
of Company-Certification of Representatives : upon proof of majority represen-
tation.
Mr. Will Maslow, for the Board.
Mr. William L. Standard, by Mr. Max Lustig, of New York City,
for the Union.
Mr. J. G. Johnson, of New York City, for the Company.
Mr. Ivar Peterson, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 23, 1938, American Radio- Telegraphists' Association,
Local No. 2, 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 concerning the representa-
tion of employees of Sinclair Navigation Company,' New York City,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June 6,
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
i Incorrectly designated " Sinclair Navigation Co " in the order directing an investigation.
At the hearing , on motion of counsel for the Board , the pleadings were amended to
describe the Company as above.
9 N. L. R . B., No. 45.
494
O
DECISIONS AND ORDERS 495
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 'September 16, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Union, and upon Commercial Telegraphers' Union, Marine Divi-
sion , herein called the C. T. U., a labor organization claiming to
represent employees directly affected by the investigation. Pursuant
to the notice, a hearing was held on September 28, 1938, at New York
City, before James C. Paradise, the Trial Examiner duly designated
by the Board. The Board and the Union were represented by counsel
and the Company by Mr. J. G. Johnson, vice president and marine
superintendent of the Company. Although served _ with notice, the
C. T. U. did not appear or participate in 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 motions. No objections were made to the admission of
evidence. The Board has reviewed the rulings of the Trial Ex-
aminer 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
Sinclair Navigation Company, a wholly owned subsidiary of Con-
solidated Oil Corporation, is a Delaware corporation engaged in the
operation of tankers for the transportation of oil from ports on the
Gulf of Mexico to ports on the North Atlantic Coast. The Company
at present operates 10 tanker vessels in the conduct of its business.
The Company stipulated that its operations "occur in the course
and current of commerce among the several states, are an integral
part of the operations of the instrumentality of such commerce,
and constitute commerce among the several states within the meaning
of Section 2, subdivisions 6 and 7 of, the National Labor Relations
Act."
The Company employs 10 marine radio operators, one on each
vessel operated by the Company.
We find that the Company is engaged in trade, traffic, transpor-
tation, and commerce among the several States, and that the radio
operators employed by the Company are directly engaged in such
trade, traffic, transportation , and commerce.
496 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
American Radio Telegraphists' Association, the marine division
of the American Communications Association, is a labor organization
affiliated with the Committee for Industrial Organization. It admits
to membership radio operators licensed by the Federal Communica-
tions Commission of the United States.
III. THE QUESTION CONCERNING REPRESENTATION
The Union alleged in its petition for investigation and certification
that "the company refuses to negotiate with the A. R. T. A. unless
the Union is certified as bargaining representative." At the hearing
the representative of the Company stated that it desired to ascertain
the authorized representative of the employees involved.
We find that a question concerning the representation of the radio
operators employed by the Company has arisen and that it tends
to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
IV. THE APPROPRIATE UNIT
It was stipulated by the parties that the 10 marine radio operators
employed by the Company constitute an appropriate unit. The
marine radio operators, all licensed by the Federal Communications
Commission of the United States, operate the radio equipment aboard
the vessel, receive and transmit messages, and keep the apparatus
in proper working order. We see no reason in the instant case to
depart from the desires of the parties.
We find that the radio operators of the.ships operated by the Com-
pany constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their `right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
At the hearing, - a list, prepared from the Company's.'pay roll,
containing, the names of 10 radio operators in the employ of the
Company on September 27, 1938, the day preceding the hearing, was
introduced, in evidence. The, Union submitted in `evidence 10 signed
collective bargaining authorizations,, most of them further supported
by duplicate dues cards, duplicate- membership records, and signed
applications for membership. Original signatures of employees on
the employment records of the Company were available at the hear-
ing and were compared by Mr. J. G. Johnson, vice president and
marine superintendent of the Company, with the signatures on the
DECISIONS AND ORDERS 497
authorizations. Mr. Johnson admitted the authenticity of 9 of the
10 signatures, but he was uncertain as to the genuineness of the sig-
nature on one authorization.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all the employees in such unit 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. A question affecting commerce has arisen concerning the rep-
resentation of employees of Sinclair Navigation Company, New
York City, within the meaning of Section 9 (c) and Section 2 (6).
and (7) of the National Labor Relations Act.
2. The radio operators of the ships operated by the Company con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. American Radio Telegraphists' Association is the exclusive rep-
resentative of all the employees in such unit for the purposes of col-
lective bargaining, within the meaning of Section 9 (a) of the,
National Labor Relations '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 Re-
lations 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 American Radio' Telegraphists' Asso-
ciation has been designated and selected_by a majority of the radio
operators of the ships operated by Sinclair Navigation Company,
New York City, as their representative for the purposes of collective
bargaining and that, pursuant to the' provisions of Section 9 (a) of
the Act, American Radio, Telegraphists' 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.