Swayne & Hoyt, Ltd.

National Labor Relations Board - Board Decisions

Oct 2, 1939

15 N.L.R.B. 788 (N.L.R.B. 1939)

In the Matter of SWAYNE & HOYT, LTD. grad MARINE ENGINEERS'
BENEFICIAL ASSOCIATION , LOCAL No. 97
Case No. C-481.-Decided October 2, 1939
Water Transportation Industry-Settlement: stipulation providing for com-
pliance with the Act; including disestablishment of company-dominated union-
Order: entered on stipulation.
Mr. Bertram Edises, for the Board.
Lillick, Olson, Levy cfi Geary, by Mr. Joseph J. Geary, of San
Francisco, Calif., for the respondent.
Pillsbury, Madison cQ Sutro, by Mr. John A. Sutro, of San Fran-
cisco, Calif., for the Association.
Mr. H. P. Melnikow, of San Francisco, Calif., for the Union.
Mr. A. J. Toth. of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges, and amended and supplemental charges, duly filed
by Marine Engineers' Beneficial Association, Local No. 97 , herein
called the Union, the National Labor Relations Board, herein called
the Board, by its Regional Director for the Twentieth Region (San
Francisco, California), issued its complaint dated January 21, 1938,
against Swayne & Hoyt, Ltd., of San Francisco, California, herein
called the respondent, alleging that the respondent had engaged in
and was engaging in unfair labor practices affecting commerce,
within the meaning of Section 8 (1), (2), and (3) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. Copies of the complaint, accompanied by notice of
hearing thereon, were duly served upon the respondent, upon the
Union, and upon Gulf Pacific Licensed Officers Association, herein
called the Association, a labor organization allegedly dominated and
supported by the respondent.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent dominated and interfered with the
administration of, and contributed financial and other support to,
the Association; that the respondent permitted organizers and other
15 N. L. R. B., No. 86.
788
SWAYNE & HOYT, LTD. 789
representatives of the Association to board its vessels while in port,
for the purpose of soliciting members, collecting dues, or engaging
in-other concerted activities for mutual aid or protection , - while deny-
ing like privileges to organizers and other representatives of the
Union; and that the respondent by the afore-mentioned activities
interfered with, restrained , and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act. On February 1,
1938, the respondent filed an answer to the complaint in which it
admitted the allegations thereof concerning the nature and scope of
its business but denied that it had engaged in the alleged unfair labor
practices.
Pursuant to notice a hearing was held at San Francisco , California,
on February 3 and 4, 1938 , before Waldo C. Holden, the Trial Exam-
iner duly designated by the Board. At the beginning of the hear-
ing the Trial Exantl ler granted a written motion by the Association
to intervene . The Board , the respondent , and the Association were
represented by counsel, and the Union, by its representative. All
parties participated in the hearing , and were afforded full opportut-
nity to be heard, to examine and cross -examine witnesses, and to
produce evidence bearing upon the issues . The Trial Examiner
made various rulings upon motions and objections to the admission
of evidence.
On March 21 , 1938, the Trial Examiner filed his Intermediate
Report; copies of which were dilly served upon the parties , in which
he found that the respondent had engaged in unfair labor practices
affecting commerce , within the meaning of Section 8 ( 1) and (2)
and Section 2 (6) and (7) of the Act , and recommended that the re-
spondent cease and desist from its unfair labor practices and that
it take certain affirmative action , including withdrawal of recog-
nition from and disaffirmance of an agreement with the Association
as a bargaining representative of its employees , in order to remedy
the situation brought about by the unfair labor practices found. On
March 28 and on April 1 and 2, 1938 , the respondent , the Union, and
the Association , respectively , filed exceptions to the Intermediate
Report.
On August 19, 1939, counsel for the Board , the respondent, and
the Union entered into a stipulation in settlement of the case , subject
to and effective immediately upon approval of the provisions thereof
by the Board. This stipulation provides as follows :
STIPULATION
Charges having been filed with the Regional Director for the
Twentieth Region by Marine Engineers' Beneficial Association,
Local No. 97, alleging that Swayne & Hoyt, Ltd. (hereinafter
referred to as the Company) had been guilty of unfair practices
199549-39-vol. 15--51
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
under Section 8 (1), (2) and (3) of the National Labor Relations
Act, complaint thereon having been issued and served by the
National Labor Relations Board (hereinafter referred to as the
Board) by its Regional Director in San Francisco, California,
hearing thereon having been held before a duly designated Trial
Examiner of the Board, and the Trial Examiner having issued
and served his Intermediate Report, dated March 12, 1938, and
it being the desire of the parties to dispose of matters which
have arisen,
It is hereby stipulated and agreed by and between the parties
hereto as follows :
1. That the respondent, Swayne & Hoyt, Ltd., a corporation
organized and existing under the laws of the State of Nevada,
with its main offices located in San Francisco, California, is en-
gaged, and at all times material herein, hks been engaged as a
common carrier in the business of transporting, for hire, of
freight and passengers between ports on the Pacific Coast and
ports elsewhere in the United States and foreign countries. In
the course and conduct of its business, the respondent owns and
operates approximately 17 vessels of American registry which
make regular calls at the ports of Vancouver, British Columbia;
Seattle, Washington; Portland, Oregon; San Francisco, Cali-
fornia; San Pedro, California; Galveston, Texas; New Orleans,
Louisiana; and Mobile, Alabama.
2. That Marine Engineers' Beneficial Association, Local No.
97, and Gulf Pacific Licensed Officers Association are labor or-
ganizations within the meaning of Section 2 (5) of the National
Labor Relations Act.
3. That the Company hereby waives all further or other pro-
cedure provided for in the National Labor Relations Act or the
Rules and Regulations of the Board, including the making of
findings of fact and conclusions of law.
4. That the Board, upon the basis of this stipulation, the
record and said Intermediate Report, may make findings of fact
and enter the following Order :
ORDER
Upon the basis of the above stipulation and the entire record
in the case, and pursuant to Section 10 (c) of the National Labor
Relations Act, the National Labor Relations Board hereby
orders that Swayne & Hoyt, Ltd., its officers, agents, successors
and assigns, shall :
1. Refrain from :
(a) In any manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization,
SWAYNE & HOYT, LTD. 791
to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection, as guaranteed in
Section 7 of the Act;
(b) In any manner dominating or interfering with the for-
mation or administration of, or contributing financial or other
support to, any labor organization of its employees.
2. Take the following affirmative action to effectuate the
policies of the Act :
(a) Withdraw all recognition from Gulf Pacific Licensed
Officers Association as representative of any of its employees
for the purpose of dealing with respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment
or conditions of work, and completely disestablish Gulf Pacific
Licensed Officers Association as such representative;
(b) Post notices immediately upon each of respondent's ves-
sels where they will be observed by respondent's licensed per-
sonnel, and maintain such notices for a period of thirty (30)
consecutive days, stating that respondent will refrain in the man-
ner set forth above and that respondent will withdraw all recog-
nition from Gulf Pacific Licensed Officers Association as repre-
sentative of any of its employees for the purpose of dealing
with respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment or conditions of work, and
completely disestablish Gulf Pacific Licensed Officers Associa-
tion as such representative;
(c) Notify the Regional Director of the Board for the Twen-
tieth Region within ten (10) days from the service of this order
what steps the respondent has taken to comply therewith.
5. The Company hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit, upon
application of the Board, of a consent decree, copy of which is
annexed hereto," enforcing an order of the Board in the form
hereinabove set forth and hereby waives further notice of the
application for such decree.
6. It is understood and agreed that the entire agreement is
contained within the terms of this stipulation and that there is
no verbal agreement of any kind which varies, alters, or adds
to this stipulation.
7. It is further understood and agreed that this stipulation is
subject to the approval of the National Labor Relations Board
'A draft form of the consent decree to be entered appears in the record annexed to said
stipulation.
792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and shall become effective immediately upon the granting of
such approval.
On September 21, 1939, the Board issued its order approving the
above stipulation and making it a part of the record herein.
Upon the basis of the above stipulation and upon the entire record
in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, Swayne & Hoyt, Ltd., a Nevada corporation, with
its main offices located in San Francisco, California, is engaged and
at all times material herein, has been engaged, as a common carrier
in the business of transporting, for hire, freight and passengers
between ports on the Pacific Coast and ports elsewhere in the United
States and foreign countries. In the course and conduct of its busi-
ness the respondent owns and operates approximately 17 vessels of
American registry which make regular calls at the ports of Van-
couver, British Columbia; Seattle, Washington; Portland, Oregon;
San Francisco, California; San Pedro, California.; Galveston, Texas;
New Orleans, Louisiana; and Mobile, Alabama.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States and
between the United States and foreign countries. _ .
II. THE ORGANIZATIONS INVOLVED
Marine Engineers' Beneficial Association, Local No. 97, is a labor
organization chartered by National Marine Engineers Beneficial
Association. It admits to membership marine engineers licensed by
the Bureau of Marine Inspection and Navigation.
Gulf Pacific Licensed Officers Association is an unaffiliated labor
organization admitting to membership "any person actively em-
ployed . . . in a licensed capacity on . . . vessels, who have been
in continuous employment . . . for thirty (30) days or over."
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Swayne & Hoyt, Ltd., its officers, agents, successors,
and assigns, shall:
1. Refrain from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of the right to self-organization, to form,
SWAYNE & HOYT, LTD. 793
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the Act;
(b) In any manner dominating or interfering with the formation
or administration of, or contributing financial or other support to,
any labor organization of its employees.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Withdraw all recognition from Gulf Pacific Licensed Officers
Association as representative of any of its employees for the purpose
of dealing with the respondent concerning .grievances, labor disputes,
wages, rates of pay, hours of employment or conditions of work, and
completely disestablish Gulf Pacific Licensed Officers Association as
such representative;
(b) Post notices immediately upon each of respondent's vessels
where they will be observed by the respondent's licensed personnel,
and maintain such notices for a period of thirty (30) consecutive
days, stating that the respondent will refrain in the manner set forth
above and that the respondent will withdraw all recognition from
Gulf Pacific Licensed Officers Association as representative of any
of its employees for the purpose of dealing with the respondent con-
cerning grievances, labor disputes, wages, rates of pay, hours of
employment or conditions of work, and completely disestablish Gulf
Pacific Licensed Officers Association as such representative;
(c) Notify the Regional Director of the Board for the Twentieth
Region within ten (10) days from the service of this order what
steps the respondent has taken to comply therewith.