Maritime Overseas Corp. v. National Labor Relations Board

955 F.2d 212
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 28, 1992
DocketNos. 91-1030, 91-1055, 91-1716 and 91-1726
StatusPublished
Cited by1 cases

This text of 955 F.2d 212 (Maritime Overseas Corp. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maritime Overseas Corp. v. National Labor Relations Board, 955 F.2d 212 (4th Cir. 1992).

Opinion

OPINION

WILKINSON, Circuit Judge:

At issue in this case is the scope of the protections afforded employers by § 8(b)(1)(B) of the National Labor Relations Act. That section makes it an unfair labor practice for unions to restrain or coerce employers in their selection of collective bargaining representatives and grievance adjusters. The appeal before us stems from charges of § 8(b)(1)(B) violations brought by four maritime shipping companies against the International Organization of Masters, Mates and Pilots, AFL-CIO (MMP), the union that formerly represented those companies’ licensed deck officers. The companies assert that these licensed deck officers were grievance adjusters. The alleged § 8(b)(1)(B) violations took the form of union striking, picketing, and disciplinary actions that sought, inter alia, to coerce the companies into retaining or reinstating only MMP members as licensed deck officers. The National Labor Relations Board held that the union actions were § 8(b)(1)(B) violations as they applied to some of the licensed deck officers but not others. Additionally, the Board held that discipline directed by the union against non-grievance adjusters could not violate the section.

The underlying question is whether § 8(b)(1)(B) of the Act permits MMP to coerce the companies into lodging the resolution of disputes aboard their ships solely in MMP members. We do not believe it does. While we thus affirm the Board’s finding that there was an unlawful objective to the strike and picketing that violated § 8(b)(1)(B), we believe that the Board applied this finding too narrowly. We reverse the Board’s ruling that certain of the licensed deck officers were not grievance adjusters, and in so doing, we reject the notion that an employee must rigidly adhere to some prescribed formal procedure in order for dispute resolution to qualify as § 8(b)(1)(B) grievance adjustment. We also reverse the Board’s holding that only some of the disciplinary actions in this case violated the Act, and instead hold that all disciplinary measures in furtherance of a strike with a plainly unlawful objective ran afoul of the statute. Though we enforce the Board’s order in part, the case is hereby remanded to the Board to modify its order in accordance with this decision.

I.

Keystone Shipping Company (Keystone), Marine Transport Lines (MTL), Maritime Overseas Corporation (MOC), and Moore McCormack Bulk Transport (Mormac) operate ocean-going tanker vessels engaged in interstate and international trade. On each of their ships, the companies employ licensed deck officers (LDOs) as supervisory personnel. The complement of LDOs on a ship often includes masters, chief mates, second mates, and third mates. Permanent second and third mates often fill in temporarily for vacationing masters and chief mates, and it is common practice for the companies to promote their second and third mates to the jobs of master and chief mate when a permanent position becomes available.

The companies’ LDOs had been represented in collective bargaining negotiations for a number of years by MMP.1 Each of the companies was party to a 1981 collective bargaining agreement with MMP concerning the LDOs that was due to expire on June 15, 1984. That agreement recognized MMP as the exclusive bargaining representative for LDOs, required that all LDOs be hired from MMP hiring halls, and required that all LDOs be union members.

With respect to the companies in this case, the only workers represented by MMP were LDOs. The companies’ unlicensed personnel were represented either [215]*215by the National Maritime Union (NMU) or the Seafarers Union (SIU), and grievance procedures were outlined in the contracts with both unions. The LDOs, as will be explained below, were the individuals who adjusted grievances brought by or on behalf of members of NMU or SIU.

In 1984, the companies broke off their bargaining relationships with MMP. MTL notified its LDOs on June 15, 1984, that it would no longer recognize MMP as the LDOs’ collective bargaining representative. MTL, however, offered continued employment to all its LDOs at reduced wage and benefit levels, indicating that its action was taken in response to depressed conditions in the shipping industry. Eight of the LDOs immediately refused this offer, and by October 3, 1984, MTL had replaced approximately forty of the seventy-three LDOs who had been working for it on June 15. None of these replacements came from the MMP hiring hall.

The other three companies initially agreed to a revocable interim contract extension with MMP while negotiations over a new agreement continued. That interim contract was terminated, however, on September 27, 1984, by Keystone; on October 1 by Mormac; and on October 2 by MOC. Like MTL, each of the three companies announced that it would no longer recognize MMP as the bargaining representative for the LDOs due to competitive pressures, and the three companies offered their LDOs continued employment at reduced wage and benefit levels. Nearly all of the LDOs who worked for these three companies accepted the offers.

MMP responded to these developments in three different ways. First, on October 3, 1984, MMP initiated a strike against the companies. The union ordered its members to cease all work for the four companies that was not necessary to insure the security of a ship. Anticipating that many striking LDOs would be discharged by the companies, MMP also ordered members to refuse to leave the companies’ ships voluntarily until confronted by law enforcement officers or other government officials. The strike was not limited to MMP members who served as LDOs for the companies, but also extended to other MMP members who had any association with the companies, such as pilots who worked as independent contractors. In response to the strike, the companies fired the LDOs who refused to work and attempted to hire replacements to assume their duties. Despite the hiring of replacements, the companies still suffered substantial, costly delays as a result of widespread adherence by MMP members to the union’s order not to leave a ship until arrest was imminent.

As the effectiveness of the strike waned in mid-October due to the firing of the striking LDOs, the union initiated the second prong of its response, which involved picketing the companies’ ships both on land and with picket boats. All MMP members were required to register for picket duty in order to receive any future job referrals. While many of the picket signs alleged only that the companies were paying substandard wages and benefits, others went well beyond this to accuse the companies of engaging in union busting and to demand restoration of MMP job rights. On several occasions, the interaction between the picketers and those union members who remained on the job became quite tense, even resulting in threats of bodily injury and death made by picketers against some LDOs who refused to honor the strike.

The final element of the union’s response involved disciplinary actions brought against MMP members who refused to obey the strike or picketing orders. From the earliest stages of the strike, MMP demanded that the names of non-complying members be reported to headquarters, and threats of disciplinary action were made against such members. Approximately one hundred LDOs, management personnel, and pilots were fined by the union, with several fines exceeding $20,000.

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955 F.2d 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maritime-overseas-corp-v-national-labor-relations-board-ca4-1992.