2 N.L.R.B. 859 (N.L.R.B. 1937)

Williams Dimond & Co.

National Labor Relations Board - Board DecisionsMay 24, 1937

2 N.L.R.B. 859 (N.L.R.B. 1937)

In the Matters of WILLIAMS DIMOND & COMPANY, BANNING CON- SOLIDATED STEVEDORING COMPANY, AMERICAN-HAWAIIAN STEAMSHIP COMPANY, LUCKENBACH STEAMSHIP COMPANY, INC., SWAYNE & HOYT, LTD., MCCORMICK STEAMSHIP COMPANY, HAMMOND SHIPPING COMPANY, LTD., W. R. GRACE & COMPANY, OUTER HARBOR DOCK & WHARF COMPANY, INNER HARBOR TERMINAL COMPANY, PACIFIC PORT SERVICE CORPORATION, PINKERTON NATIONAL DETECTIVE AGENCY AND PATROL SERVICE and PORT WATCHMAN, LOCAL No. 137 Cases Nos. R-130 to R-141, inclusive Decided May 214 1937 Water Transportation Industry-Election Ordered: controversy concerning representation of employees-refusal by employer to recognize and negotiate with union as bargaining agency ; majority status disputed by employer- question affecting commerce : confusion and unrest among employees ; strike threatened-Unit Appropriate for Collective Bargaining: occupational differ- ences ; wage differentials ; no controversy as to-Corti fication of Representatives. Mr. Ralph T. Seward for the Board. Young, Lillick, Olson & Kelly, by, Mr. H. R. Kelly, for American- Hawaiian Steamship Company, Luckenbach Steamship Company, General Steamship Corporation, Ltd., and Matson Navigation Company. Young, Lillick, Olson d Kelly, by Mr. Edward R. Young, for American Lumber & Treating Company., Mr. C. B. McElroy for E. IL Wood Lumber Company. Mr. M. A. Richley for McCormick Steamship Company and Inner Harbor Terminal Company. Mr. D. B. Turner for Banning Consolidated Stevedoring Company and Interocean'Steamship Company. Mr. John E. Marshall for John E. Marshall, Inc. 111r. H. C. Smith for Williams Dimond & Company. M. F. R. Johnston for American Lumber & Treating Company. Mr. Rex Clark for Consolidated Lumber Company. Mr. J. B. Buck for W. R. Grace & Company. Mr. J. B. Banning, Jr. for Matson Navigation Company. Mr. S. H. Haskins for Pinkerton National Detective Agency & Patrol Service. Mr. Morgan Huntoon for Swayne & Hoyt, Ltd. Mr. H. R. Dorr for Pacific Port Service Corporation. Mr. G. C. Cable and Mr. J. K. Horton for Hammond Shipping Company, Ltd. 859 860 NATIONAL LABOR RELATIONS BOARD Mr. E. J. Buffalo and Mr. P. P. Linnartz for the Union. Mr. Aaron W. Warner and Mary Lemon Schleifer, of counsel to the Board. DECISION STATEMENT OF CASE On February 15, March 9, and March 15, 1937, Port Watchmen, Local No. 137, hereinafter referred to as the Union, filed petitions with the Regional Director for the Twenty-first Region (Los Angeles, California) alleging that a question affecting commerce had arisen concerning the representation of the watchmen employed by Williams Dimond & Company,' Banning Consolidated Stevedoring Com- pany,' American-Hawaiian Steamship Company, Luelzenbach Steam- ship Company, Inc.,' Swayne & Hoyt, Ltd.,' McCormick Steamship Company, Hammond Shipping Company, Ltd., W. R. Grace & Com- pany,' Outer Harbor Dock & Wharf Company, Inner Harbor Termi- nal Company, Pacific Port Service Corporation, and Pinkerton National Detective Agency and Patrol Service, hereinafter referred to collectively as the Companies, all located in Los Angeles, San Pedro, or Wilmington, California, and requesting investigations and certifications of representatives pursuant to Section 9 (c) of the National Labor Relations Act (49 Stat. 449), hereinafter referred to as the Act.2 On March 11 and March 16, 1937, respectively, the National Labor Relations Board, hereinafter referred to as the Board, duly authorized the Regional Director for the Twenty-first Region to conduct investigations and provide for appropriate hear- ings in connection therewith. By order of the Board, all of the above named cases were consolidated for the purpose of hearing. On March 17, the Regional Director issued and duly served notices on each of the Companies of a hearing to be held on March 24 at Los Angeles, California. The date of the hearing was subsequently postponed to April 1, 1937, by order of the Regional Director. Pursuant to the notices of hearing contained in the' order postpon- ing the date of hearing, which was duly served upon all the Com- panies and upon the Union, a hearing was held before Maurice 1 The name of the Company was incorrectly stated in the petition , and was amended at the hearing. ' Petitions concerning the following companies were also filed : Panama Pacific Line, Norton Lilly & Company , Interocean Steamship Corporation, Dollar Steamship Lines, Inc., General Steamship Corporation , Matson Navigation Company, Kerckhoff & Cuzner Lumber Company, Hammond Lumber Company, Consolidated Lumber Company , Patten-Blinn Lum- ber Company , John E. Marshall , Inc, Gripper & Haglind Lumber Company, Barber Steam- ship Lines, Inc., Dodwell & Company, Ltd., Furness Pacific, Ltd ., Marine Terminals Cor- poration , P. F. Soto Shipping Company, Ltd., Sudden Christensen, American Lumber & Treating Company, and E. K. Wood Lumber Company. These petitions were all with- drawn by the Union prior to or at the hearing, with the exception of the petition in the case of Matson Navigation Company, which was withdrawn subsequent to the hearing, on April 13, 1937. DECISIONS AND ORDERS 861 Howard, the Trial Examiner duly designated by the Board, in Los Angeles, California, on April 1, 2, and 5, 1937. The Union and all of the Companies, with the exception of the Outer Harbor Dock & Wharf Company,' were represented and participated in the hear- ing. Full opportunity to be heard, to examine and cross-examine witnesses and to introduce evidence bearing on the issues was afforded all parties. The Board has reviewed the conduct of the hearing and the rulings of the Trial Examiner and finds that no prejudicial errors were committed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE COMPANIES The Companies involved in this proceeding may be divided into four groups according to their activities. These are as follows : 1. Those directly engaged in the transportation of freight in inter- state and foreign commerce in vessels which dock at Los Angeles, California. This category includes American-Hawaiian Steamship Company (a Delaware corporation), Luckenbach Steamship Com- pany, Inc. (a New Jersey corporation), Swayne & Hoyt, Ltd. (a Nevada corporation), McCormick Steamship Company (a California corporation), Hammond Shipping Co., Ltd. (a California corpora- tion), and W. R. Grace & Co. (a West Virginia corporation). 2. Those engaged in the loading and unloading of freight trans- ported in vessels engaged in interstate and foreign commerce, at docks at Los Angeles, California. This category includes Banning Consolidated Stevedoring Company (a California corporation), Outer Harbor Dock & Wharf Company (a California corporation), Inner Harbor Terminal Company (a California corporation), and Pacific Port Service Corporation (a Delaware corporation). 3. Williams Dimond & Company, a California corporation, en- gaged in the business of representing steamship companies as agents and brokers. In connection with such activities, it performs serv- ices necessitating the employment of watchmen on the docks of Los Angeles, California, for the account of steamship companies engaged in interstate and foreign commerce. 4. Pinkerton National Detective Agency and Patrol Service, en- gaged in the business of furnishing watchmen and guards to various shipping companies having docks at Los Angeles, California, for the purpose of patroling the docks and guarding freight loaded and unloaded from vessels engaged in interstate and foreign commerce. s Although not represented at the hearing , this Company answered a questionnaire pre- pared by the Regional Attorney for the Board , and sent a letter containing relevant infor- mation, for introduction in evidence. 862 NATIONAL LABOR RELATIONS BOARD We find that all of the Companies engaged in the activities de- scribed above are engaged in transportation and commerce between the States and between the United States and foreign countries and in operations directly involved in such transportation and commerce. II. THE UNION Port-Watchmen, Local No. 137, a local of the Building Service Employees' International Union, is a labor organization affiliated with the American Federation of Labor. It was organized and re- ceived a charter from the Building Service Employees' International Union 'on May 15, 1936. This charter was subsequently withdrawn and a second charter issued on August 24, 1936, which altered the name of the local from Port Watchmen Local No. 137 to Building Service Employees Local No. 137.4 The Union'has jurisdiction over all workers engaged in building service activities not under the jurisdiction of other locals of the International, and has a member- ship of approximately 167 watchmen. III. QUESTION CONCERNING 11EPRESENTATION The Union has on frequent occasions attempted to bargain collec- tively with the Companies for the purpose of arriving at an agree- ment covering the wages and conditions of employment of the em- ployees who were members of the Union. On or about June 4, 1936, it sent a letter to the Los Angeles Steamship Association as the repre- sentative of the Companies, but was notified that this organization was not authorized to deal in labor matters. The Union then attempted unsuccessfully to negotiate with the Waterfront Em- ployers Association of-Southern California, hereinafter referred to as the Association. The initial requests to the Association by the Union for a conference, extending over a period from June 9 to early in August, 1936,. were refused on the ground that the Association was in the process of organization and was not ready to bargain. The secretary-treasurer of the Association, E. Nichols, then specified a date on which the Association would be ready to negotiate. On that date, however, he notified the Union that several of the officers of the Association were away on their summer vacations, and that he would arrange a conference on their return. The Union thereupon filed charges with the Board, alleging that the Companies had re- fused to bargain collectively with the Union as the representative of their employees. These charges were later withdrawn, and petitions similar to those filed herein were filed in their place. These petitions 4 The Union has retained the designation of Port Watchmen, Local No 137, in the -proceedings herein This ' designation will be retained in the Decision , inasmuch as it describes the nature of the work of the employees involved DECISIONS AND ORDERS 863' were also withdrawn because of the general maritime strike on the- Pacific coast. On December 12, 1936, the Union again undertook to enter into negotiations With the Association. Nichols replied that he would endeavor to place the matter before the board of directors of the Association at its next meeting on December 18. Finally, on February 24, 1937, after further inquiry from the Union, and after the filing of the petitions in these cases, Nichols notified the Union that, in the opinion of the board of directors, the Association could not enter into negotiations with the Union until it was determined which employees desired to be represented by the Union for the pur- poses of collective bargaining. On February 25, the Union replied that it wished to bargain on behalf of the steady watchmen employed by the Companies which were members of the Association,-' and that it represented 85 per cent of such watchmen in the Los Angeles Harbor. However, the efforts of the Union were of no avail, and on March 5, after further correspondence, the Union received word from Nichols that negotiations would have to be conducted individually with each steamship line rather than through a committee appointed by the Association. During the period above -described, the Union also attempted to negotiate with* several of the individual Companies," but was led in each instance to believe that such matters were dealt with through the Association. When questioned at the hearing as to whether they would now negotiate with the Union, many of the Companies testi- fied they would do so if it, were demonstrated through *an election that a majority of the watchmen in their employ had designated the Union as their representative for that purpose. There was evidence at the hearing that the long delay in the nego- tiations between the Union and the Companies has been the cause of unrest among the employees who are members of the Union. On March 18, 1937) at a meeting of the Union, a motion was made and unanimously passed that a strike vote should be taken on March 25. The taking of the strike vote' was delayed because of the expressed' willingness of certain of the Companies to bargain. collectively,' and was never accomplished. 5 The following companies named in the petitions are members of the Association : Banning Consolidated Stevedoring Company, American -Hawaiian Steamship Company, Hammond Shipping Company Ltd, and W R Grace & Comnany The following Com- panies are not members of the Association : Williams Dimond & Company, Pacific Port Service Corpoiation, and Pinkerton National Detective Agency and Patrol Service. There was no evidence as to the membership of the remaining companies 6 These included the Luckenbach Steamship Company Inc , Marine Terminal Corpora- tion , Williams Dimond & Company , and Outer Harbor Dock & Wharf Company , and also Dollar Steamship Lines, Inc, which is not here involved. 4 These include many of the Companies in whose cases the petitions have been with- drawn by the Union. 864 NATIONAL LABOR RELATIONS BOARD The Union claims to represent a majority of the watchmen em- ployed by all of the Companies with the exception of the Pinkerton 'National Detective Agency and Patrol Service. Of the 65 or 70 watchmen employed by this Company, the Union claims to represent 'only five, and has testified that it makes no claim in respect to the representation of the remainder. Under the circumstances, we find that no question exists in regard to the representation of the watch- men employed by the Pinkerton National Detective Agency and Patrol Service, and will accordingly dismiss the petition as to it. We find that a question has arisen concerning the representation of the watchmen employed by the remainder of the Companies which tends to lead to labor disputes burdening and obstructing commerce and transportation among the several States and between the several States and foreign countries, and the free flow of such commerce and transportation. An election by secret ballot is a suitable method of resolving the controversy in these cases. IV. THE APPROPRIATE UNIT Three types of watchmen are employed in guarding the property of the Companies : 1. Steady watchmen employed directly by the Company whose property they protect, and generally paid on a monthly basis. Their work chiefly consists of safeguarding the cargo resting in sheds and warehouses at the docks, watching for fires, and guarding against trespassers. 2. Extra, steady watchmen employed directly by the Company, but working only part time. In most cases they have worked for the same employer for a number of years -and are subject to call whenever needed. 3. Extra watchmen not employed directly by the Company, but generally furnished through an agency such as the Pinkerton Na- tional Detective Agency and Patrol Service. They work on a shift or hourly basis , and rotate among the docks, watching gangways, cargo holds, etc., while ships are at dock. The Union claims that the steady and extra, steady watchmen em- ployed by each of the Companies constitute an appropriate unit for -the purposes of collective bargaining. The Companies have not con- tested this claim. The two types of employees designated by the Union are clearly distinguishable from the extra watchmen by reason of differences in their duties, tenure, and manner of employment. Furthermore, this distinction is well recognized in the industry, and most of the Companies in whose cases the petitions have been with- drawn have consented to negotiate with the Union on behalf of the steady and extra, steady watchmen in accordance with the Union's request. DECISIONS AND ORDERS 865 We find, therefore, in order to insure to the employees the full benefit of their right to self-organization and to collective bargaining and otherwise to effectuate the policies of the Act, that the steady and extra, steady watchmen employed by each of the Companies, with the exception of the Pinkerton National Detective Agency and Patrol Service, constitute for each Company a unit appropriate for the purposes of bargaining collectively with respect to rates of pay, wages, hours of employment and other conditions of employment." THE ELECTION Since the election must be held among the employees of each Com- pany, it will be left to the discretion of the Regional Director to determine the day on which each of these elections shall be held within the period designated by the Board. In the case of each Company, all watchmen within the unit above described who were employed by the companies at any time between March 15, 1937, and the date of the Direction in this matter are eligible to vote. CONCLIIsIONs OF LAW Upon the basis of the above findings of fact, the Board makes the following conclusions of law : 1. The steady and extra, steady watchmen employed by each of the Companies herein involved, with the exception of the Pinkerton National Detective Agency and Patrol Service, constitute, for each Company, a unit appropriate for the purposes of collective bargain- ing, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. A question affecting commerce has arisen concerning the repre- sentation of the steady and extra, steady watchmen employed, re- spectively, by Williams Dimond & Company, Banning Consolidated Stevedoring Company, American-Hawaiian Steamship Company, Luckenbach Steamship Company, Inc., Swayne & Hoyt, Ltd., Mc- Cormick Steamship Company, Hammond Shipping Company, Ltd., W. R. Grace & Company, Outer Harbor Dock & Wharf Company, Inner Harbor Terminal Company, and Pacific Port Service Corpo- ration, within the meaning of Section 9 (c) and Section 2, subdivi- sions (6) and (7), of the National Labor Relations Act. e In Matter "of Luckenbach Stedmship Company, Inc. et at., Case No. R-41, decided August 31, 1936 (supra, p. 181), under somewhat different circumstances, we found the appropriate unit to comprise not only the watchmen, but also a group of miscellaneous dock workers, -including baggagemen and porters, storemen, gearmen, linemen , sliders, jani- tors and sweepers , and others . These types of employees were not involved in the present proceedings. 866 NATIONAL LABOR RELATIONS BOARD 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, and pursuant to Article III, Section 8 of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY DIRECTED] as part of the investigations author- ized by the Board to ascertain representatives for the purposes of collective bargaining, that elections by secret ballot shall be held under the direction and supervision of the Regional Director for the Twenty-first Region, acting in this matter as agent of the National Labor Relations Board and subject to Article III, Section 9 of said Rules and Regulations-Series 1, as amended, within a period of four weeks after the date of this Direction of Election on days to be ,designated by the Regional Director, and subject to the rule of eligibility set forth above, among the steady and extra, steady watch- men employed, respectively, by Williams Dimond &, Company, Ban- ning Consolidated Stevedoring Company, American-Hawaiian Steamship Company, Luckenbach Steamship Company, Inc., Swayne & Hoyt, Ltd., McCormick Steamship Company, Hammond Shipping Company, Ltd., W. R. Grace & Company, Outer Harbor Dock & Wharf Company, Inner Harbor Terminal Company, and Pacific Port Service Corporation, to determine whether they wish to be represented by Port Watchmen, Local No. 137, for the purposes of collective bargaining; and IT IS HEREBY ORDERED that the' petition concerning the Pinkerton National Detectice Agency and Patrol Service be, and hereby is, dismissed. J SAME TITLE] AMENDMENT OF DIRECTION OF ELECTION June 121 1937 T The Board having found, on May 24, 1937, that a -question affect- ing commerce had arisen concerning the representation of the steady and extra, steady watchmen employed, respectively, by -Williams Dimond & Company, Banning Consolidated Stevedoring Company, American-Hawaiian Steamship Company, Luckenbach Steamship 'Company, Inc., Swayne ^. Hoyt, Ltd., McCormick Steamship Com- pany, Hammond Shipping Company, Ltd., W. R. Grace & Com- pany, Outer Harbor Dock & Wharf Company, Inner Harbor Ter- minal Company, and Pacific Port Service Corporation, and It now appearing that Williams Dimond & Company has entered DECISIONS AND ORDERS 867 into an agreement with Port Watchmen , Local No. 137 , as the ex- clusive representative of the steady and extra, steady watchmen in its employ , it is hereby DIRECTED that the Direction of Election issued by the Board on May 24, 1937 , be, and hereby is, amended by striking therefrom the name of Williams Dimond & Company ; and it is hereby further DIRECTED that in all other respects the Decision and Direction of Election issued by the Board on May 24, 1937 , shall remain in full force and effect. IT IS IiEREBY ORDERED that the petition concerning Williams Di- mond & Company . be, and hereby is, dismissed. [ SAME TITLE ] CERTIFICATION OF REPRESENTATIVES July 14, 1937 On February 15, March 9, and March 15, 1937, Port Watchmen, Local No. 137, hereinafter referred to as the Union; filed petitions with the Regional Director for the Twenty-first Region (Los An- ' geles, California)', alleging that questions affecting commerce had arisen concerning the representation of the watchmen employed by Williams Dimond & Company, Banning Consolidated Stevedoring Company, American-Hawaiian Steamship Company, Luckenbach -Steamship Company, Inc., Swayne & Hoyt, Ltd., McCormick Steam- ship Company, Hammond Shipping Company, Ltd., W. R. Grace Company, Outer Harbor Dock & Wharf Company, Inner Harbor Terminal Company, Pacific Port Service Corporation, and Pinker- ton National Detective Agency & Patrol Service, hereinafter re- ferred to collectively as the Companies, all located in Los Angeles, San Pedro, or Wilmington, California, and requesting investiga- tions and certifications of representatives pursuant' to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, hereinafter referred to as the Act.' On March 11 and March 16, 1937, respec- tively, the National Labor Relations Board, hereinafter referred to as the Board, duly authorized the Regional Director for the Twenty-first Region to conduct investigations and provide for ap- ' Petitions concerning the following companies were also filed : Panama Pacific Line, Norton Lilly & Company, Inteioeean Steamship Corporation, Dollar Steamship Lines, Inc, General Steamship Coipoiation, Matson Navigation Company, Keiclaroff & Cuzner Lumber Company, Hammond Lumber Company, Consolidated Lumber Company, Patten- Blinn Lumber Company, John E Marshall, Inc., Gripper & Haglind Lumber Company, Baiber Steamship Lines , Inc, Dodwell & Company, Ltd , Furness Pacific , Ltd, Marine Terminals Corpoiation , P. F Soto Shipping Company, Ltd, Sudden Christensen , Ameri- can Lumber & Treating Company, and E K. Wood Lumber Company These petitions were all withdrawn by the Union prior to or at the hearing, with the exception of the petition in the case of Matson Navigation Company, which was withdrawn subsequent to the hearing, on Apiil 13, 1937 5727-37-vol. II-56 868 NATIONAL LABOR RELATIONS BOARD propriate hearings in connection therewith. By order of the Board, all of the above named cases were consolidated for the purpose of hearing. Pursuant to notice duly served on all the parties, a hear- ing was held on April 1, 2, and 5, 1937 at Los Angeles, California before Maurice Howard, the Trial Examiner duly designated by the Board. On May 24, 1937, the Board issued a Decision and Direction of Election in which it directed that elections be held among the steady and extra steady watchmen employed, respectively, by Williams Dimond & Company, Banning Consolidated Stevedoring Company, American-Hawaiian Steamship Company, Luckenbach Steamship Company, Inc., Swayne & Hoyt, Ltd., McCormick Steamship Com- pany, Hammond Shipping Company, Ltd., W. R. Grace & Company, Outer Harbor Dock & Wharf Company, Inner Harbor Terminal Company, and Pacific Port Service Corporation, to determine whether they wish to be represented by Port Watchmen, Local No. 137, for the purposes of collective bargaining.2 On June 12, 1937, the Board issued an Amendment of Direction of Election, in which it ordered that the petition concerning Williams Dimond & Company be dismissed. On June 30, 1937 the Regional Director for the Twenty-first Region, acting pursuant to Article III, Section 9 of National Labor Relations Board Rules and Regulations-Series 1, as amended, filed Intermediate Reports on the elections held pursuant to the Amend- ment of Direction of Election, and certified that the results of balloting were as follows : BANNING CONSOLIDATED STEVEDORING COMPANY 1. Total number eligible to vote_____________________________ 10 2. Total number ballots cast________________________________ 9 3. Total number` blank ballots_______________________________ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union___________________________ 9 6. Total number ballots against Union_______________________ 0 AMERICAN-HAWAIIAN STEAMSHIP COMPANY 1. Total number eligible to vote_____________________________ 14 2. Total number ballots cast________________________________ 10 3. Total number blank ballots_______________________________ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union___________________________ 9 6. Total number ballots against Union_______________________ 1 2 The petitions concerning the Pinkerton National Detective Agency and Patrol Service were dismissed. DECISIONS AND ORDERS 869 LUCKENBACH STEAMSHIP COMPANY, INC. 1. Total number eligible to vote_____________________________ 9 2. Total number ballots cast________________________________ 9 3. Total number blank ballots_______________________________ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union___________________________ 9 6. Total number ballots against Union_______________________ 0 SWAYNE & HOYT, LTD. 1. Total number eligible to vote_____________________________ 4 2. Total number ballots cast________________________________ 4 3. Total number blank ballots_______________________________ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union___________________________ 3 6. Total number ballots against Union_______________________ 1 M'CORMICK STEAMSHIP COMPANY 1. Total number eligible to vote_____________________________ 8 2. Total number ballots cast________________________________ 6 3. Total number blank ballots______________________________ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union___________________________ 6 6. Total number ballots against Union_______________________ 0 HAMMOND SHIPPING COMPANY, LTD. 1. Total number eligible to vote______________________ _______ 3 2. Total number ballots cast________________________________ 1 3. Total number blank ballots --------------------------- -__ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union ------ -------------------- 1 6. Total number ballots against Union_______________________ 0 W. R. GRACE & COMPANY 1. Total number eligible to vote __--------------------------- 2 2. Total number ballots cast________________________________ 2 3. Total number blank ballots_______________________________ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union___________________________ 1 6. Total number ballots against Union_______________________ 1 OUTER HARBOR DOCK & WHARF COMPANY 1. Total number eligible to vote_____________________________ 3 2. Total number ballots cast________________________________ 3 3. Total number blank ballots_______________________________ 0 4. Total number void ballots________________________________ 0 5. Total number ballots for Union___________________________ 3 6. Total number ballots against Union_______________________ 0 870 NATIONAL LABOR RELATIONS BOARD INNER HARBOR TERMINAL COMPANY 1. Total number eligible to vote_____________________________ 2 2. Total number ballots cast________________________________ 2 3 Total number blank ballots_______________________________ 0 4. Total number void ballots_________________________________ 0 5 Total number ballots for Union___________________________ 2 6. Total number ballots against Union_______________________ PACIFIC PORT SERVICE CORPORATION 0 1. Total number eligible to vote_____________________________ 5 2. Total number ballots cast ________________________________ 5 3. Total number blank ballots_______________________________ 0 4. Total number void ballots ________________________________ 0 5. Total number ballots for Union__________________________ 5 6. Total number ballots against Union_______________________ 0 No exceptions to the conduct of the election or to the Intermediate Report have been filed by any of the parties. In Banning Consolidated Stevedoring Company, American- Hawaiian Steamship Company, Luckenbach Steamship Company, Inc., Swayne & Hoyt, Ltd., McCormick Steamship Company, Outer Harbor Dock & Wharf Company, Inner Harbor Terminal Company, and Pacific Port Service Corporation, the Union having been chosen by a majority of those who voted, as well as a majority of those eligible to vote, is, by virtue of Section 9 (a) of the Act, the exclu- sive representative of the steady and extra steady watchmen employed by these companies, -and we will so certify. In, Hammond Shipping Company; Ltd.,- although three persons were eligible to vote, only one vote was cast: Since the one vote which was cast was for the Union, we will certify the Union on the principle established in prior decisions that the majority of the employees referred to in the Act is a majority of those participating in the election .3 In W. R. Grace & Company, the Union received only one of the two votes cast, and no certification is., therefore, possible. CERTIFICATION OF REPRESENTATIVES Now THEREFORE, 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 and pursuant to Article III, Section 8 of National Labor Relations Board Rules and Regulations-Series 1, as amended, a Matter of if. C. A. Manufacturing Company , Inc and United Electrical d Radio, Workers of America , Case No. R-39 , Certification of Representatives issued November 7, 1936 ( supra, p '168). DECISIONS AND ORDERS 871 IT IS HEREBY CERTIFIED that Port Watchmen, Local No. 137, has been selected by a majority of the steady and extra steady watchmen employed, respectively , by Banning Consolidated Stevedoring Com- pany, American -Hawaiian Steamship Company, Luckenbach Steam- ship Company , Inc., Swayne & Hoyt, Ltd., McCormick Steamship Company, Hammond Shipping Company, Ltd., Outer ' Harbor Dock & Wharf Company , Inner Harbor Terminal Company, and Pacific Port Service Corporation , as their representative for the purposes of collective bargaining with each of the aforementioned companies, and that pursuant to Section 9 (a) of the National Labor Relations Act, Port Watchmen , Local No. 137 , is the exclusive representative of the steady and extra steady watchmen employed by each of said companies , respectively , for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment , and other conditions of employment. The petition to certify representatives of the steady and extra steady watchmen employed by W. R . Grace & Company is hereby denied.