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National Union of Marine Cooks and Stewards (MCS), 1934-1957

 Sub-Series
Identifier: Subseries 2.9:

Scope and Contents

The bulk of this collection is from the years immediately following World War II up to the mid-1950s when the union ceased to exist. These legal files provide a detailed study of the impact of the Taft-Hartley Act and other repressive, anti-Communist legislation which ultimately destroyed this 53-year old union.

The first subseries is Contract Negotiation and Arbitration. Almost all contracts provide for resolution of impasse in the negotiation or grievance procedure. In the case of the MCS, that step was arbitration. Arbitration is a quasi-legal proceeding and can require briefs and exhibits. At this point attorneys become part of the process. This collection has material from contract arbitrations in 1946 when the Committee for Maritime Unity coordinated negotiations to win each union's demands. Folder 301/4 holds a summary of the negotiations which led to the arbitration before James Fly. The arbitration of the 1947 Wage Review has exhibits which offer information on cost-of-living and wages in San Francisco.

National Labor Relations Board Cases

Several members expelled from the MCS challenged the union by filing Unfair Labor Practice charges before the NLRB. The shipping company was often named along with the MCS. MCS & Matson Navigation Company & Leslie Boatwright and American President Lines & MCS & John Chung & James Randall were filed by men organizing for the National Maritime Union who sought to bring the MCS members into their union after it was expelled from the CIO. The John Chung case was significant as he repudiated his action against the MCS and reported on the dishonesty of the NMU "raiders" who told him they only wanted to remove the Communist leaders, not take over the MCS5. The full transcript of the NLRB hearing is in the collection, but none of the briefs or exhibits.

A major case, Don L. Rotan v. MCS, used provisions of the newly enacted Taft-Hartley Act to challenge the dispatch policy of the MCS hiring hall. The MCS dispatched paid-up MCS members only, excluding former or delinquent members and also non-members. Rotan v. MCS was litigated over a six-year period from 1949 to 1955 and was a major step in the demise of the union. Two NLRB representational elections took place: in 1952, NLRB #20-RC-1426, and in 1954, NLRB #20-RC-2651. There is good documentation on both of these cases. The NLRB, in its "Decision and Direction of Election" (NLRB 20-RC-2651, 12/16/54), sets forth its position in calling for this election. A comprehensive MCS response can be found in "Application for Rule to Show Cause..." to the Circuit Court of Appeals, Ninth District, Case #13386, 1955 (Box 318/4).

The subseries titled Court Cases is divided to include 1) USA v. Hugh Bryson, 2) Lawrence Parker et al v. J. A. Lester et al, 3) shipping companies suits under the Taft-Hartley Act provision for damages from breach of contract, and 4) suits brought by members frequently called the "Dirty Dozen."

Very few documents from USA v. Hugh Bryson are in this collection. The first four folders contain printed briefs on two appeal cases to the Circuit Court of Appeals, Ninth District (1956 and 1958) and the 1967 petition to the U.S. Supreme Court. Each brief contains information on previous court hearings, and the brief to the U.S. Supreme Court has a brief case summary in the "Statement of the Case." A good description of the indictment is reported in The Voice, 4/10/53. The allegation and arguments of this case paralleled Smith Act cases of that period, and the law office collected documents from the Smith Act trials in New York and Hawaii to use in defending Hugh Bryson. These folders have been kept as the law office established them.

The petitioners in Lawrence Parker et al v. J. A. Lester et al were MCS members who challenged the Magnuson Act passed at the outset of the Korean War. This law empowered the U.S. Coast Guard to screen workers from their employment on ships and other waterfront occupations who were deemed security risks. Lawrence Parker et al was a "class action" suit and is well documented in this collection. The first trial in the U.S. District Court has the decree and correspondence, but the appeal is recorded through the Transcript of Record which reproduced all major legal documents.

The shipping company's suits, filed under the newly enacted Taft-Hartley Act, were for damages from "breach of contract." The basis of these cases grew out of unresolved grievances. MCS withheld dispatch of personnel to a vessel until the grievance was settled. Under the newly-enacted Taft-Hartley Act, the shipping companies called this a strike a breach of contract and filed suit for damages in the U.S. District Court.

The last group of cases contains suits brought by expelled members frequently called the "Dirty Dozen." These are court cases similar to those petitioned to the NLRB. Suits filed by Hesse, Taylor, Wilmert, Weber and others challenged the adoption of the new MCS constitution in 1945 which brought about the reorganization of the MCS and led to the election of Hugh Bryson as president.

The two final sub-series provide other basic documents for this post-World War II period. They include Reports of the 1946 MCS General Council meetings--the union's highest body between conventions. They reported all aspects of the Union and the shipping industry during this period. Also found here is the transcript of the CIO investigation of Communist domination which led to the expulsion of the MCS from the Congress. These documents are pivotal to the Union's history during this period. The Council Meeting reports the state of the union at the outset of the post-war period; the CIO hearings sets the stage for the raids and other attacks which destroyed the MCS by 1954.

Key to Acronyms

  1. CCA9: U.S. Circuit Court of Appeals, Ninth District
  2. MCS: Marine Cooks and Stewards Association of the Pacific Coast, and National Union of Marine Cooks and Stewards, CIO
  3. MCS-AFL: Marine Cooks and Stewards, AFL
  4. MFOW: Marine Firemen, Oilers, Watertenders and Wipers Association, Pacific Coast
  5. NLB: National Longshore Board
  6. NLRB: National Labor Relations Board
  7. NUMCS: National Union of Marine Cooks and Stewards, CIO
  8. PASA: Pacific American Shipping Association
  9. PMA: Pacific Maritime Association
  10. SIU: Seafarers International Union of North America
  11. SUP: Sailors' Union of the Pacific
  12. WEA: Waterfront Employers Association

Dates

  • 1934-1957

Access

Collection is open for research.

Administrative History

The history of the Marine Cooks and Stewards begins in 1901 in Seattle when six men joined to improve their working conditions. The name they took and kept until 1945 was the Marine Cooks and Stewards Association of the Pacific Coast. It was originally affiliated with the International Seamen's Union, AFL. Within a year, this fledgling group had grown to 500 men. As steam schooners and steamships replaced sailing vessels, the union continued to organize and achieved 4,000 members,2 although during World War II, it boasted that 12,000 members sailed, many holding "trip cards." 3 At its peak, it had branches in the ports of Seattle, Portland, San Francisco, Wilmington, Honolulu, Boston, New York, Baltimore, Norfork and New Orleans. A brief description of its work jurisdiction was "all members of the stewards department," but a 1948 contract covering a "Class A Passenger Vessel" gave a fuller picture. It included stewards, chefs, cooks, bakers, butchers, messmen, waiters, bartenders, storekeepers, porters, pantrymen, scullions, laundrymen, telephone operators, yeomen and gym instructors.

From its outset, the Marine Cooks and Stewards established its character as an aggressive, militant union struggling to improve the lot of workers who toiled under very oppressive conditions. Before it was a year old, it signed its first contract, had a hiring hall in San Francisco and joined the City Front Federation (for seafaring and waterfront unions), giving its support to help win a teamster strike in San Francisco. It was a participant in the great Pacific coast maritime strikes of 1934 and 1936. The MCS was an early supporter of the CIO and affiliated in 1938. It joined with other federations of waterfront unions as well--the Maritime Federation of the Pacific (1935), and the Committee for Maritime Unity (1946).

From its first contract in 1902 with the Pacific Coast Steamship Company, the MCS won collective bargaining agreements with the major shipping associations--the Pacific American Steamship Association (PASA), the Waterfront Employers' Association (WEA), and the Pacific Maritime Association (PMA).

At its 1945 Convention following World War II, the leadership proposed a new constitution and a new name to more effectively reflect and govern the larger union. The proposed change was ratified November 1945, and the union's name was changed to the National Union of Marine Cooks and Stewards to better identify its national geographical character with branches on the east coast and gulf, as well as the Pacific Coast and Hawaii. The following year, the MCS held its first election under the new constitution, and Hugh Bryson was elected president, Nat Jacobson, vice-president, and Eugene Burke, secretary-treasurer.

The post-war years brought increasing attacks to all labor unions, and to the MCS in particular. The 1947 enactment of the Taft-Hartley Act began a series of lawsuits before the National Labor Relations Board (NLRB) and the courts, along with early signs of the anti-Communist hysteria which would eventually destroy the union. Politically, Hugh Bryson was a leftist and, prior to 1947, a member of the Communist Party. He had close ties with Harry Bridges of the International Longshoremen's & Warehousemen's Union (ILWU) and in 1948, he joined with him to help form the Independent Progressive Party and support the presidential campaign of Henry Wallace. Bryson was a supporter of the California Labor School, speaking at its special events and conferences.

The MCS became the victim of raids by other unions, especially its AFL counterpart, the Marine Cooks and Stewards, AFL (MCS-AFL) and Sailors' Union of the Pacific (SUP), both affiliated with the Seamen's International Union (SIU). These unions employed the Dirty Dozen, ( a mixed assortment of expelled and still active but disaffected) MCS members to organize against the MCS. Red-baiting was their main weapon, and while some raided members away from the MCS, others appeared as witnesses against Bryson and Bridges in government attacks, Congressional hearings, NLRB suits, and other litigation. During the Korean war, Congress passed the Magnuson Act, which authorized the Coast Guard to screen alleged security risks from waterfront industries--longshoremen, seamen and others. Many MCS members were barred from their jobs due to this waterfront screening program.

The most damaging blow came in 1950 when the CIO expelled the MCS, along with the ILWU and several other unions, for being led by Communists. This unleashed even greater raiding activity, for the National Maritime Union, a CIO union, also attempted to take over the MCS membership. The NLRB was the agency most often used in these attempts to decertify the MCS as bargaining agent. In 1952, the MCS called for an NLRB election to validate its right to represent and bargain collectively for its members; the MCS-AFL was also on the ballot. The NLRB stalled on this election demand, stating a Compliance Order on an earlier Unfair Labor Practice case had not been satisfied by the MCS. The election was conducted early in 1954 and was protested by the MCS; neither union won bargaining rights.

In September 1954, the SIU petitioned for representation election to include members of the deck, engine and stewards departments--the combined membership of three of its affiliate unions, the Marine Firemen, the SUP and the MCS-AFL. The election was vigorously protested and MCS petitioned the U.S. Circuit Court of Appeals, 9th District for enforcement of its direction for an election in 1952. A major argument was that these SIU unions discriminated against Negroes, and the MCS membership included many Blacks. Nevertheless, it was conducted and the MCS-AFL won bargaining rights; the MCS was effectively defunct.

Simultaneously, in 1953, Hugh Bryson was indicted in federal court under Section 9(H) of the Taft-Hartley Act, which required union officers to sign a non-Communist affidavit. He was convicted in 1956 and served nearly two years in prison. Upon his release, he became a successful real estate broker.

The MCS ceased to function in 1954, but many of its members joined and became leaders of the ILWU. James Herman, a former MCS patrolman, succeeded Harry Bridges as ILWU International President; Eddie Tangen, former MCS Secretary-Treasurer, became an ILWU organizer in Hawaii; Joe Johnson, who succeeded Tangen, became a leader in the San Francisco longshoremen's local.

Notes

  1. 1 See History of the Leonard and Carder Law Firm, page 8
  2. 2 Perkins, Frances. Handbook of Labor Unions, 1944
  3. 3 12,000 Men Who are the Marine Cooks & Stewards, MCS pamphlet, San Francisco, CA, 1945
  4. 4 Committee for Maritime Unity was a federation of CIO seafaring and longshore unions active in 1946 - 1947. It was co-chaired by Joe Curran of the NMU and Harry Bridges of the ILWU.
  5. 5 The Voice, 4/17/53, p.6

Extent

From the Collection: 219.8 Cubic Feet

Language of Materials

From the Collection: English

Separated Materials

Bound volumes of The Voice, 1944-1953, the official newspaper of the MCS, are part of this collection and have been relocated to the newspaper shelves.

Processing Information:

This subseries contains legal case files of the National Union of Marine Cooks and Stewards (MCS), donated to the Labor Archives and Research Center in 1985 as part of the Norman Leonard Collection. Norman Leonard was a partner in the firm of labor attorneys which represented the MCS and many of its individual members from 1944 to 1957. Initially, this collection held eight cubic feet of records and was processed by Richard Nardi, an intern from San Francisco State University. Subsequently an additional seven cubic feet of records was integrated into that collection and the guide was revised to reflect this additional material. This enlarged collection was processed by Carol Cuenod in 1996, and reprocessed by Megan Hickey and Liadan Ryland in 2012-2014.

Creator

Repository Details

Part of the Labor Archives and Research Center Repository

Contact:
San Francisco State University
J. Paul Leonard Library, Room 460
1630 Holloway Ave
San Francisco 94132-1722 USA
(415) 405-5571