(DOWNLOAD) "Black Diamond S. S. Corp. v. National Labor Relations Board." by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Black Diamond S. S. Corp. v. National Labor Relations Board.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 14, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
On November 26, 1935, the Black Diamond Steamship Corporation (hereafter to be called the Black Diamond) made a contract with U.L.O., a union of licensed officers affiliated with the American Federation of Labor, relating to rates of pay, hours and conditions of employment. The contract took effect on December 1, 1935, and remained in force for one year and, in making it, the U.L.O. acted as the representative of the deck and engine room officers of the Black Diamond. Prior to signing the agreement the U.L.O. had checked the licensed officers of the latter and had found that more than a majority of them were among its members. Before the signing of the agreement Local 33 of M.E.B.A., a union claiming to represent a majority of the engineers of the Black Diamond, had asked the latter to enter into an agreement with it. In April, 1936, some negotiations with reference to making such an agreement occurred which fell through and, on July 2, 1936, the M.E.B.A. Local 33 filed a petition with the Regional Director of the National Labor Relations Board for an investigation and certification of representatives of petitioners licensed engineers pursuant to section 9(c) of the National Labor Relations Act, 29 U.S.C.A. § 159(c). The U.L.O. was made a party to those proceedings and the Board conducted a hearing in which Black Diamond, U.L.O. and M.E.B.A. were represented. The International Union of Operating Engineers was also allowed to file a brief as amicus curiae. As a result, on September 24, 1936, the Board rendered a decision that the licensed engineers constituted an appropriate unit for collective bargaining within section 9(b) of the Act, 29 U.S.C.A. § 159(b), but found that it was impossible from the proofs offered to determine which union represented a majority of such engineers without an election which was accordingly ordered to be had among the engineers by secret ballot under the supervision of the Director of the Second Region to determine which of the two unions should represent them. The election having been had, the Board, on December 11, 1936, certified that M.E.B.A. Local 33 was the exclusive bargaining agent for the engineers.