This letter has been sent to all members. If you have paid your initiation fee nd dues, please disregard this request. All checks and money orders must be nade payable to the Offshore Officers Association and mailed to the above address. Please do your part. The Association is now in its new quarters, Room C, Fairmont Hotel next to he Army and Navy Club. All members are urged to visit the new headquarters which are open in the evening. N. L. R. B. EXHIBIT No. 393-B Memo for Informal Report for Week Ending May 8 1937 OFFSHORE LICENSED OFFICERS ASSOCIATION APRIL 30, 1937. Mr. Walter J. Walsh, attorney representing the licensed officers of American Hawaiian SS Company, Matson Navigation Company, Swayne & Hoyt, Ltd. and General Petroleum Corporation, who have incorporated in California under the name of Offshore Licensed Officers Association, met with the director. This is an outgrowth of Topp's organization. Since Topp has been out of the picture, the men have retained Attorney Walsh to represent them for the purpose of filing a petition with this Board for certification of representatives with the various shipping companies where the organization claims to have the majority of men. The men have not as yet made any demands upon the employers nor did Attorney Walsh know whether or not there are existing contracts with these companies and any unions. He was advised to obtain this information and confer with the director after obtaining same. AMR/wg. N. L. R. B. EXHIBIT No. 393-C OFFSHORE OFFICERS ASSOCIATION OF THE UNITED STATES Mrs. ALICE ROSSETER, Suite C, Fairmont Hotel SAN FRANCISCO, CALIF., May 14, 1937. Director, Twentieth Region, N. L. R. B., 1095 Market St., San Francisco, Calif. DEAR MRS. ROSSETER: The petition for investigation and certification of representatives which is enclosed, is hereby to be considered filed by the Offshore Officers Association with you as Director of the Twentieth Region of the National Labor Relations Board. We are taking this action in pursuance to Section #9c of the National Labor Relations Act. This petitioning is the result of our letter to the American Hawaiian Steamship Co. of May 2, 1937, wherein request was made by the Offshore Officers Association, as representatives of the majority of the licensed deck and engineer officers, solely in their employ, to meet with representatives of that company and discuss the privileges of sole bargaining agent. Because, on May 6, 1937, the American Hawaiian Steamship Co., over the signature of Roger Lapham, President, declined to grant this request, we are appealing to you, as Director of the Twentieth Region of the National Labor Relations Board for succor. On behalf of the Association, I ask that you give this petition your immediate and favorable consideration. Very truly yours, Enc. (s) E. W. STETSON, (Pink Slip) N. L. R. B. EXHIBIT No. 393-D 5:15 37. Phoned Capt. Stetson. Talked with Mr. Chivers, Sec. of Assn. and ma appointment for 11:30 this morning. Later: Mr. Chivers phoned to say Capt. Stetson could not keep appointments made another for 3 P. M. Tuesday. (s) AMR (Received May 15, 1937 S. F. Regional Labor Board.) OFFSHORE OFFICERS ASSOCIATION OF THE UNITED STATES Mrs. ALICE ROSSETER, SAN FRANCISCO, CALIF., May 14, 1987. Director, Twentieth Region, N. L. R. B., 1095 Market Street, San Francisco, Calif. DEAR MRS. ROSSETER: The inclosed copies of letters are ones of a letter set by this Association to the American Hawaiian Steamship Co., on May 2, 1957 and its subsequent reply received by this Association from the aforesaid steams company with the date line of May 6, 1937. I send these to you in response to our telephonic conversation of May 14, 1937. in which you requested this information. Very truly yours, encs. Mr. ROGER LAPHAM, President, American Hawaiian SS Co., 215 Market Street, San Francisco, Calif. DEAR MR. LAPHAM: The Offshore Officers Association of the United States was incorporated as a non-profit organization on April 28, 1937. The membership of this association is limited to active, sea going licensed deci and engineer officers who have banded themselves together for the purpose of assisting in the maintenance of the free flow of commerce, and simultaneous advance their professional interests. The Association now has on its roster a substantial majority of both licensed deck and engineer officers, solely in the employ of the American Hawaiian Steamship Company. One of the functions of this association is collective bargaining, as provided for in Section 7, of the National Labor Relations Act. As President, pro-tem, of the Offshore Officers Association, I have been directed to inform you of this fact, and to further advise you, that our negotiating com mittee is ready to discuss with you, insofar as the licensed deck and engineer officers of the American Hawaiian Steamship Co. is concerned, such subjects së wages, working conditions and the privileges of sole bargaining agent. I ask that you give this request favorable consideration as soon as possible. Very truly yours, cc to Walter J. Walsh E. W. STETSON, Pres., Offshore Officers Assoc. AMERICAN HAWAIIAN STEAMSHIP COMPANY 215 Market Street-San Francisco OFFSHORE OFFICERS ASSOCIATION OF THE UNITED STATES, (Attention: Mr. Stetson.) MAY 6, 1937. GENTLEMEN: In proceedings before the National Labor Relations Board instituted by the National Association of Masters, Mates & Pilots, West Coas Local No. 90, the Board, on December 12, 1936, issued an order certifying that the National Organization of Masters, Mates & Pilots had been designated by s najority of the licensed deck officers employed by this company as their repreentatives for the purposes of collective bargaining. The American Hawaiian Steamship Company has not complied with the order n question by engaging in collective bargaining or making a collective bargaining greement with the National Organization of Masters, Mates & Pilots because t believes that the decision of the Board was not properly made or was not ustified on the record. Nevertheless, pending a judicial review of this order, the American Hawaiian Steamship Company is not free to engage in negotiations of collective bargaining nature with any other representative of its licensed deck officers; nor is the company justified in recognizing nay other representative of ts deck officers for the purpose of collective bargaining. By an order made by the National Longshoremen's Board in 1934 the American Hawaiian Steamship Company was directed to engage in collective bargaining with the Marine Engineers' Beneficial Association as the representatives of its engineers and, pursuant to that order, the American Hawaiian Steamship Company has made agreements with the Marine Engineers' Beneficial Association and is now a part to such an agreement that will not expire before September 30th of this year. Under these considerations it would be impossible for this company to comply with the requests made in your letter of May 2, 1937, unless and until it is established by appropriate proceedings under the law that you are entitled to recognition. Yours very truly, RDL:PB (Signed) R. D. LAPHAM, President. N. L. R. B. EXHIBIT No. 393-E Memo for file, June 7, 1937. Offshore Officers (American-Hawaiian S. S. Co.) XX-C-69, XX-R-91. Captain Stetson, President of the Offshore Officers, met with the Director re petition filed against American-Hawaiian Company. Director advised that report was sent to Washington wherein she recommended that the Board take no action as she did not feel it warranted. Captain Stetson said he now felt same way-that it was a lost cause, and thanked Director for time, etc. rt A. M. R. Later: Phoned above information to Mr. Melnikow, M M & P representative who advised that he is filing charges against company under Section 8 (5) within next few days. rt A. M. R. N. L. R. B. EXHIBIT No. 393-F JUNE 3, 1937. Memorandum To: National Labor Relations Board. Subject American-Hawaiian S S Co. XX-R-91. Before this petition was filed, Mr. Walter J. Walsh, attorney, met with me for discussion of the filing of a petition for certification of representatives for the licensed officers of the American Hawaiian S S Company, Matson Navigation Company, Swayne & Hoyt, Ltd., and General Petroleum Corporation. These officers formed an organization and obtained a state charter under the name of Offshore Licensed Officers Association. This was done with Walsh's assistance. He admitted that the organization was an outgrowth of the one started by Captain Topp. Captain Topp is no longer connected with the organization; his drinking and misuse of funds made it necessary for him to be replaced. The men would place no charges against Captain Topp, according to Walsh, because he receives a pension from the Navy which is his sole means of support on account of a fatal illness. Charges of such a nature, if substantiated, might deprive him of this pension. After the filing of this petition by the Offshore Officers on May 14. Tateeral conferences with Captain E. W. Stetson, president of the organizat Don Chivers, secretary. Chivers gave as his reason for the formation of this organization at to election, conducted by the Board as a result of the petition of the M M&P won by the M M & P by only 12 votes. The minority group, represeLUDZA forty-six per cent of the men who voted, was not satisfied with this representa Chivers brought in all files of his organization, at my request, including " pamphlets issued by it (Exhibit A attached); correspondence exchanged" the organization and the company (Exhibit B attached); the original any of every member and copies of the minutes of each organization me! January 8, 1937, to date. The first members filed application in Dece! ! In looking over the minutes, I called Chivers attention to the fact th was no roster showing membership attendance at any of the meet. E answer was that, as they were "open" meetings for members and non-adv5 no roster was kept. Despite this statement, there was a record of res presented and acted upon at each meeting. Chivers and Stetson were also 192 of the fact that the company had an agreement with M E B A for ali engineroom officers, which was signed at the end of the recent waterfront on February 4, 1937, and will not terminate until September 30, 1937. E Meriwether, M E BA, brought in copies of this agreement, one of wha tached (Exhibit C). Mr. Henry Melnikow, as representative of M M & P, advised me that hatte requests had been made by that organization of the American Hawaiian S pany for recognition of the M M & P as the collective bargaining agent for a mates and pilots since the Board's certification under date of December 12 once on December 23, 1936, and again on January 6, 1937. He blames the na ization for its laxity in this respect. It is true that the maritime strike progress at that time but no request was made after the settlement of the tra Captain Rolstad, who is now president of Local 90, sent a letter to the c on May 24 requesting a conference for collective bargaining on behalf of MM** and if the company refused to meet with him by May 27, the union decide** stop the sailing of the company's vessels. The company then arranged to with M M & P at 2:00 p. m. on that date. At that conference the company was represented by Thomas Plant and attorney, Gregory Harrison. They maintained the same position as preve taken in regard to the validity of the Board's election decision. However, some further discussion they admitted that they did not wish to go throug another hearing nor did they want any other organization in the picture and as for a little more time for consideration of the matter. This was retersen Almon Roth, president of the Waterfront Employer Association, with w discussed this situation. On Saturday, May 29, Plant notified the M M & that he and Gregory Harrison were going away for the weekend during whieh : 5 they would discuss this case and give the union their decision this week. Both ME BA and M M & P insist that the Offshore Officers Associat being financed by American-Hawaiian S S Company, although they have fur no definite proof. Information revealed to me by a professor of econom Stanford University somewhat substantiates this charge. Because of the 24 questions asked by one of his students, in one of the extension classes, the profess conferred with me. He was asked by a pupil, who called himself Captain Sas son, how to prepare petitions to be filed with this Board, what should be w in the minutes of a union meeting, etc. As the professor's answers and the ments and records of Chivers were identical, it led me to believe that Cap Swanson and Chivers is one and the same person. I had the professor ches this and the pupil known as Swanson readily admitted he was Chivers reason for the alias was that it was necessary for him to change his nam quently because of his activities on the waterfront. He also advised the prof that if this petition "goes through"-in other words if the Board accepts he will file others for the men in Matson, Swayne & Hoyt, Ltd., and G Petroleum Corporation. Chivers seems to be well supplied with funds beca as he stated to the professor, he has a "private income." When the Offshore Officers organization first showed signed life, under Cata Topp, the MM&P filed charges with this office against the American-Hasa SS Company on January 4, 1937, under 8 (1) and (2) of the Act. Thes not pressed because of the disintegration of the organization under Captain Now, if the company refuses to recognize MM&P as the sole representative the masters, mates and pilots, additional charges will be filed with this Ba er 8 (5) of the Act and a request will be made that the 8 (2) charge (XX-C-69) ressed. or the above stated reasons, neither the MM&P nor the MEBA would consent n election and do not believe a hearing on this petition is warranted at this DEAR EDWIN: I have just conferred with Mr. Melnikow and expect to see idges and Curran tomorrow morning. Also while here I expect to confer with embers of the Industrial Association. Melnikow stated that the West Coast Federation desired to be heard with gard to the confirmation of Admiral Wiley as a member of the Maritime Comission. I suggested to him that he communicate with the Chairman of the enate Committee on Merchant Marine and also possibly with the Clerk of the enate for the purpose of requesting a hearing. However, it might serve a good urpose if you could indirectly secure information as to whether hearings will 2 held by the subcommittee in connection with this confirmation and, if so, hen they are scheduled. As I am leaving for Los Angeles tomorrow evening, you may, if desired, comunicate this information directly to Melnikow at his home address-1373 Bay treet, San Francisco. Pursuant to the suggestions contained in your wire of March 15, I today conacted Burkhardt, Editor of the San Francisco News, with the result that a prepared public statement will appear in the morning issue of that newspaper. am forwarding herewith a copy of such statement, which I feel confident will neet with your approval and that of Mr. Madden. Because Topp's activities and his unwarranted use of our name in the promotion of his scheme have caused adverse impressions to arise in all the maritime unions here, it was deemed advisable to make this statement to the press. I can better explain the matter upon my return. Cordially, (s) DON. Donald Wakefield Smith. Enc. P. S. Please bring the enclosed statement to Mr. Madden's attention. MARCH 16, 1937. For Immediate Release: STATEMENT OF DONALD WAKEFIELD SMITH (Member, National Labor Relations Board) "A situation has arisen in the maritime industry, particularly on the Pacific Coast, which requires clarification. "About the middle of February it was brought to the attention of the National Labor Relations Board that Captain Emil Topp of San Francisco had addressed letters to the officers of offshore vessels, steamship operators and various trade associations in which he unwarrantedly made it appear that the National Labor Relations Board had indicated its intention to recognize an organization known as the Offshore Licensed Officers' Association. On December 29, 1936, Captain Topp stated in such a letter, "The Offshore Licensed Officers' Association will soon be incorporated and recognized by the National Labor Relations Board.' |