Waterman Steamship Corporation and Pan-Atlantic Steamship Corporation

National Labor Relations Board - Board Decisions

Jan 9, 1939

10 N.L.R.B. 1079 (N.L.R.B. 1939)

In the Matter of WATERMAN STEAMSHIP CORPORATION AND PAN-
ATLANTIC STEAMSHIP CORPORATION and COMMERCIAL TELEGRA-
PHERS UNION, MARINE DIVISION, A. F. or L.
Case No. R-1114.Decided January 9, 1939
Shipping Industry-Employer : business of two companies carried on to some
degree as single integrated enterprise-Investigation of Representatives: con-
troversy concerning representation of employees : controversy concerning ap-
propriate unit; rival organizations-Unit Appropriate for Collective Bargain-
ing: radio telegraphers of two companies ; operation as single employer; pre-
vious consent election within such unit-Election Ordered
Mr. Millard L. Midonick, for the Board.
Mr. Benn Barber, of New York City, for the Companies.
Mr. Charlton Ogburn, Mr. C. C. Johnson, and Mr. Louis J. Klein-
klaus, of New York City, for the C. T. U.
Mr. William L. Standard and Mr. Max Lustig, of New York City,
for the A. R. T. A.
Mr. Ralph Winkler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 21, 1938, Commercial Telegraphers Union. Marine
Division, herein called the C. T. U., 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 Waterman Steamship Corporation, herein
called Waterman, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On October 4, 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 Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
10 N. L. R. B., No. 95.
1079
1080 NATIONAL LABOR RELATIONS BOARD
On October 20, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon Waterman, the C. T. U.
and American Radio Telegraphists Association, herein called the
A. R. T. A., a labor organization claiming to represent employees
directly affected by the investigation.
On October 21, 1938, an amended notice of hearing was issued and
duly served on the parties hereinbefore named; and on October 24,
1938, a notice of postponement was issued and served on the same
parties. Pursuant to the notice of postponement, a hearing was held
in New York City on November 9, 1938, before Mapes Davidson, the
Trial Examiner duly designated by the Board. The Board, Water-
man, the C. T. U., and A. It. T. A. were represented by counsel and
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made several rulings on motions and'on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
During the course of the hearing the Pan-Atlantic Steamship Cor-
poration, herein called Pan-Atlantic, through counsel, moved to in-
tervene in the proceedings.' Counsel for the Board also moved to
amend the title of the petition to name both Waterman and Pan-
Atlantic as the employer of the radio telegraphers here involved.
The Trial Examiner reserved ruling on these motions for determina-
tion by the Board. The motions are hereby granted. Waterman
and Pan-Atlantic are herein referred to collectively as the Companies.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Waterman Steamship Corporation, an Alabama corporation, has
its principal office in Mobile, Alabama. It is engaged in the trans-
portation by water of cargoes and passengers in foreign commerce.
Waterman owns 21 ocean-going vessels, 17 of which it operates di-
rectly, and 4 of which it charters under time charters to Pan-
Atlantic. Waterman employs approximately 1,200 men.
Pan-Atlantic, a Delaware corporation, has its principal office in
Mobile, Alabama. It is engaged wholly in the transportation of cargo
in coastal trade between the States. Pan-Atlantic operates eight
ocean-going vessels, four of which it owns and four of which it
charters from Waterman. Pan-Atlantic owns another vessel which
it charters to Waterman.
1 Counsel for Waterman appeared also as counsel for Pan-Atlantic.
DECISIONS AND ORDERS 1081
The record shows that Waterman owns 35.44 per cent of the common
stock of Pan-Atlantic. The Companies have the same executive vice
president, vice president, and secretary-treasurer. One personnel di-
rector serves both Companies, and the same labor policies, including
wages, hours, and other terms and conditions of employment, obtain
in each. It is apparent that the business of the two Companies is
carried on to some degree as a single integrated enterprise.2
We find that the Waterman Steamship Corporation and the Pan-
Atlantic Steamship Corporation are engaged in traffic, transporta-
tion, and commerce among the several States and/or between United
States and foreign countries and that the radio telegraphers em-
ployed on the vessels of the Companies are directly engaged in such
traffic, transportation, and commerce.
II. THE ORGANIZATIONS INVOLVED
Commercial Telegraphers Union, Marine Division, is a labor or-
ganization affiliated with the American Federation of Labor. It
admits to its membership all the radio telegraphers of the Companies.
American Radio Telegraphists Association is a labor organization
affiliated with the Committee for Industrial Organization. It admits
to its membership all the radio telegraphers of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
Beginning on June 23, 1937, a consent election was conducted by
the Regional Director for the Fifteenth Region among the radio
telegraphers employed by the Companies to determine whether or
not they desired to be represented by the A. R. T. A. This election
was concluded on March 11, 1938. Of the 27 employees eligible to
vote, 19 participated, of whom 12 voted, for and 7 against the A. R.
T. A. The C. T. U. received no notice of the consent election nor
did its name appear on the ballot, although the record shows that
it was engaged in organizational activity during the period of the
election and that it had two members among the telegraphers at the
time the election was commenced. The C. T. U. now claims to
represent a majority of the Companies' radio telegraphers.
There is evidence that the C. T. U. had knowledge that a consent
election was being conducted, yet it made no protest nor claimed to
represent any of the employees participating therein until after the
election had been almost concluded. Under the circumstances, how-
2 platter o f Art Ciayon Company, Inc, and its a ffi liated company , American Artists
Color Worhs, Inc. and United Artists Supply Worheis, 7 N L R B. 102, Matter of Kling
Factories, an assumed title used by D D. Kling, A J Kling , and C . E Helgren in the
management of Chatauqua Cabinet Co , Brockton Furniture Co., Herrick Furniture Co.,
John A . Idling (successor to Crandall Panel Co ), and Frewsburg Furniture Co and
Locals 12 , 13, 14 , and 15 Organized Furniture Wo,kers of Jamestoion , N. Y., 8 11 L. R B.
1228.
-1082 NATIONAL LABOR RELATIONS BOARD
ever , it is not necessary for us to pass upon the effect of the consent
election upon the present claim of the C. T. U. Similarly , it is not
necessary to determine the effect of the failure to give notice of the
consent election to the C. T. U. which claimed only an insubstantial
representation at the date that the petition therefor was filed.,, That
election was conducted over a period of some 8 months and it is not
probable that the results of the election which we shall now direct
can be determined prior to March 1939 , which is a year after the
results of the consent election were announced . Consequently, the
claim of the C. T. U. is not premature , even assuming that the Board
should consider it barred from raising the question concerning repre-
sentation within a period of a year following the determination of
representatives by the Regional Director.
We find that a question has arisen concerning the representation of
the radio telegraphers of Waterman and Pan-Atlantic and that such
question tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
IV. THE APPROPRIATE UNIT
All parties agree that the employees who are radio telegraphers
should be included within a unit appropriate for the purposes of col-
lective bargaining. The C. T. U., Pan-Atlantic, and Waterman fur-
ther agree that these employees of the Companies should constitute a
single unit. The A. R. T. A., on the other hand, protests to the
participation of Pan-Atlantic in this proceeding and, therefore, objects
apparently to the inclusion of the radio telegraphers of this Company
in the appropriate unit. We find no merit in the objection of the
A. R. T. A. As noted above, the Companies, in so far as these em-
ployees are concerned, operate as a single employer. Furthermore, the
A. R. T. A. having consented to a poll of the employees of both Com-
panies as a single unit in the prior election, has clearly recognized
the propriety of a single unit.
We find that all the radio telegraphers of the Companies constitute
a single unit appropriate for the purposes of collective bargaining and
that said unit will insure to the employees of the Companies the full
benefit of their right to self-organization and collective bargaining and
otherwise effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
All parties agree. that the Companies' pay roll of November 1,
1938, the last pay-roll date preceding the hearing, should be used
8 See Matter of Todd-Johnson Dry Docks , Inc and Industrial Union of Marine and
Shipbuilding Workers of America, Local No. 29, 10 N. L . R. B. 629
DECISIONS AND ORDERS 1083
for the determination of representatives. This list contains the
names of 23 employees in the appropriate unit. There are also 4
other employees in the appropriate unit whose names do not appear
on the list since they were on vacation 4 during the pay-roll period
ending November 1, 1938. Thus, there were 27 employees in the
appropriate unit on said date.
The C. T. U. introduced in evidence the membership application
cards of 22 telegraphers which were compared with the pay rolls of
the Companies. These cards also designated the C. T. U. as a bar-
gaining representative of the employees; and some of them, con-
sidered together with the. C. T. U. records, represent membership in
that organization. The A. R. T. A. objected to the introduction in
evidence of some of these cards since they do not all represent union
membership. However, since they all designate the C. T. U. as the
employees' bargaining representative the Trial Examiner properly
permitted the admission in evidence of these cards. The A. R. T. A.,
on the other hand, relied upon the results of the consent election 'to
support its claim to represent the employees involved. Because of
the conflicting contentions of the unions we find that an election by
secret ballot is necessary to resolve the question concerning repre-
sentation. All those radio telegraphers on the November 1, 1938,
pay roll and including the four radio telegraphers then on vacation
who are employed by the Companies at the date of the balloting shall
be eligible to participate in the election.
We will direct that these elections begin as promptly as practicable
after the date of this Direction under the direction and supervision
of the Regional Director for the Second Region who shall determine
the exact time, place, and procedure for giving notices of election
and for balloting.
On 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 repre-
sentation of employees of Waterman Steamship Corporation of Mo-
bile, Alabama, and of Pan-Atlantic Steamship Corporation of Mobile,
Alabama, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All the radio telegraphers of the Companies constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
A See Matter of Standard Oil Company of New Jersey and American Radio Telegraphists'
Association, Local No. 2, C. I. 0., 8 N . L R. B. 901.
1084 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 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
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
Waterman Steamship Corporation, Mobile, Alabama, and Pan-
Atlantic Steamship Corporation, Mobile, Alabama, 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 in con-
formity with the rules set forth hereinabove for the conduct of such
elections under the direction and supervision of the Regional Director
for the Second 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, among the radio
telegraphers employed by Waterman Steamship Corporation and
Pan-Atlantic Steamship Corporation, both of Mobile, Alabama, on
November 1, 1938, including the four radio telegraphers on vacation
on said date and excluding those who prior to the date of balloting
have voluntarily quit or have been discharged for cause, to determine
whether' they desire to be represented for the purpose of collective
bargaining by Commercial Telegraphers Union, Marine Division,
A. F. of L., by American Radio Telegraphists' Association, affiliated
with the Committee for Industrial Organization, or by neither.
[ SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
January 19, 1939
On January 9, 1939, the National -Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding, the election to be held under the supervi-
sion of the Regional Director for the Second Region (New York
City).
The Board, upon recommendation of the Regional Director for the
Second Region that the election may be more conveniently conducted
by the Regional Director for the Fifteenth Region, hereby amends its
Direction of Election by striking therefrom the words "under the
direction and supervision of the Regional Director for the Second
Region," wherever they appear, and substituting therefor the words
"under the direction and supervision of the Regional Director for
the Fifteenth Region (New Orleans, Louisiana)."
10 N. L. R. B., No. 95a.