Virginia Ferry Corp. v. National Labor Relations Bd., 4387.

• Decision Date: 09 January 1939
• Docket Number: No. 4387.,4387.
• Citation: 101 F.2d 103
• Parties: VIRGINIA FERRY CORPORATION v. NATIONAL LABOR RELATIONS BOARD.
• Court: U.S. Court of Appeals — Fourth Circuit

101 F.2d 103 (1939)

VIRGINIA FERRY CORPORATION v. NATIONAL LABOR RELATIONS BOARD.

No. 4387.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1939.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

Otto Wolff, Jr., of Philadelphia, Pa. (Lewis, Wolff, Gourlay & Hemphill, of Philadelphia, Pa., on the brief), for petitioner.

Lawrence Hunt, Senior Litigation Atty., National Labor Relations Board, of Washington, D. C. (Charles Fahy, Gen. Counsel, Robert B. Watts, Associate Gen. Counsel, and Laurence A. Knapp and Mortimer B. Wolf, Attys., National Labor Relations Board, all of Washington, D. C., on the brief), for respondent.

PARKER, Circuit Judge.

This is a proceeding, instituted by a petition to review an order of the National Labor Relations Board, in which the Board has filed answer asking a decree enforcing the order. The petitioner is a ferry company, operating two ferry boats, the Princess Anne and the Del-Mar-Va, across the Chesapeake Bay between Cape Charles and Little Creek in the State of Virginia; and it admits that it is engaged in a business affecting interstate commerce within the meaning of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. The Board absolved it of charges of discriminatory discharge of employees, but found that it had been guilty of unfair labor practices in dominating and interfering with the formation and administration of a committee for collective bargaining in violation of section 8 (2) of the Act, 29 U.S.C.A. § 158(2), and in interfering with, restraining and coercing its employees in violation of section 8 (1) thereof, 29 U.S.C.A. § 158(1). The Board's order directed petitioner to cease and desist from these unfair practices, to withdraw recognition from the committee as an agency of collective bargaining and to post notices that it would cease and desist from the unfair practices and would refrain from all recognition of the committee as a bargaining agency.

The facts as found by the Board are as follows: In the Spring of 1937 the crews of the two ferry boats were dissatisfied with their wages and frequently made complaint to petitioner's superintendent and to Captain Stone, its senior captain. Petitioner was experiencing difficulty in retaining the men in its service; and Captain Stone, the master of the Princess Anne, took up with Captain Daniels, the master of the Del-Mar-Va, the question of forming a committee to negotiate with the management in their behalf. The two captains discussed the matter with the superintendent and, having obtained his approval, they proceeded to obtain the approval of the men to the formation of a committee. The plan as formulated by the captains, with the co-operation of the chief engineers and the pursers, provided for separate representation of the deck crew, the engine room crew and the purser's department of each of the boats. Tickets were then prepared by the pursers upon which only the names of the licensed officers of the vessels appeared although there was a line at the bottom to the effect that the voter could write in any name that he wished. These tickets were distributed among the men; and the election of the captain, the chief engineer and the purser of each boat as members of the bargaining committee resulted. Written approval of the committee so selected was signed by all the members of the crews of both vessels.

Following their election as members of the committee, the officers of the boats conferred with petitioner's superintendent with respect to an increase of wages for officers and men and a change in certain working conditions. An increase of wages of the men from $50 to $65 per month was asked; but the superintendent was willing to allow an increase of only $7.50. This was reported to the men and they were about to strike, but were prevailed upon by the captains to withhold action. An increase to $65 per month was finally agreed to, the wages of the captains and the chief engineers being advanced at the same time to $220 per month and the pursers to $120 per month. About this time a large number of the men joined the International Seamen's Union. When the $65 wage was granted them, all signed instruments approving the wage and working conditions as agreed on.

There is evidence that while the agitation with respect to increase of wages was in progress and membership in the International Seamen's Union was under consideration, Captain Stone called the men on deck and told them "that he would not work a union crew, before he would do that he would pack his bag and get off." A witness, Hudgins, testified that he heard Captain Stone talking to the crew down in quarters and that he told them that he would rather have them keep out of the union and follow him; that, if they were union men, they would have to work four hours on and have eight off on the ship and no more relief, and that it would not be as friendly as it had been. There...