Alaska Salmon Industry, Inc.

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 339 (N.L.R.B. 1945)

In the Matter of ALASKA SALMON INDUSTRY, INC. and INTERNATIONAL
FISHERMEN AND ALLIED WORKERS OF AMERICA, LOCAL 46, CIO
In the Matter of SUPERIOR PACKING Co.; LIBBY, MCNEILL & LIBBY;
PYRAMID FISIERIES CO., INC. ; BELLINGHAM CANNING CO.; ICY
STRAITS_ SALMON Co:; ASTORIA &, PUGET SOUND CANNING CO. (CON-
SOLIDATED WITH PACIFIC AMERICAN FISHERIES, INC.) ; DOUGLAS
FISHERIES INC.; FARWEST ALASKA Co. ( CONSOLIDATED WITH A. R. B.
PACKING CO. AND BURNETT INLET SALMON Co.) ; FIDALGO ISLAND
PACKING Co.; HAINES PACKING COMPANY; P. E. HARRIS & 9O.;
AUGUST BUSCHMANN, H. A. FLEAGER, AND A. P. WOLF, PARTNERSHIP,
D/B/A HOOD BAY SALMON Co.'; HYDABURG COOPERATIVE ASSOCIA-
TION; THE NAKAT'PACKING CORPORATION; NEW ENGLAND FISH CO.;
PACIFIC AMERICAN FISHERIES, INC.; PERATROVICH & SON PACKING
COMPANY; PERIL STRAIT -PACKING COMPANY, ALSO KNOWN AS TODD
PACKING COMPANY; SEBASTIAN-STUART FISTT Co. avu1 GRAND ,CAMP
OF ALASKA NATIVE BROTHERHOOD
In the-Matter-of ALASKA SALMON INDUSTRY, INC., ITS MEMBER FIRMS
AND INDEPENDENT OPERATORS and FOOD, TOBACCO, AGRICULTURAL
AND ALLIED WORKERS UNION OF AMERICA, CIO
Cases Nos. 19-R-1268; 19-R-1351. to 19-R-1355, inclusive; 19-R-1420
to 19-R-1426, inclusive; and 19-R-1398, respectively
SUPPLEMENTAL DECISION, SECOND DIRECTION OF
ELECTIONS, CERTIFICATIONS OF REPRESENTATIVES
AND
ORDER
October 18, 1915
On May 28, 1945, the National Labor Relations Board issued its
Decision, Direction of Elections, and Order in the above-entitled
consolidated proceeding., Pursuant to the Direction of Elections,
seven elections by secret ballot were conducted between June 15 and
August 5, 1945, under the direction and supervision of the Regional
Director for the Nineteeth Region (Seattle, Washington). Upon
the conclusion of the elections, Tallies of Ballots were furnished to
' 61 N L R B 1508
64 N. L. It. B., NA 63.
339
340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the parties in accordance with the Rules and Regulations, of the
Board.
As to the balloting and its results, the Regional Director reported
as follows :
ALASKA SALMON INDUSTRY'
Member Firms-Southeastern District
Approximate number of eligible voters------------------------------ 1,286
-Valid votes counted--------------------------------------------- 1,037
Votes cast for F`TA-CI0 ----------------------------------------- '357
Votes cast for Seafarers, AFL------------------------------------- 301
Votes cast for ANB-ANS -------- 2t -------------------------------- 361
Votes cast against participating labor organizations----------------- 15
Challenged ballots------------------------------------------------ 52
Told ballots------------------------------------------------------ 9
ALASKA SALMON INDUSTRY
Member Firms-Peninsula District
Approximate number of eligible voters----------------------------- 101
Valid votes counted----------------------------------------- -- 85
Votes cast for FT A-CIO----------------------------------------- 78
Votes cast against participating labor organizations----------------- 7
Challenged ballots------------------------------------------------ 0
Void ballots------------------------------------------------------ 6
ALASKA SALMON INDUSTRY
Member Firms-Bristol-Bay District
Approximate number of eligible voters---------------------------- - 611
Valid votes counted---------------------------------------------- 548
Votes cast for FTA-CIO------------------------------------------ 2
Votes cast for IFAWA-CIO----'------`------------------ ----------- 543
Votes cast against participating labor organizations----------------- 3
Challenged ballots------------------------------------------------ 5
Void ballots------------------------------------------------------
Urindall Fisheries', Inc."
Approximate number of eligible voters -----------------------------
Valid votes counted----------------------------------------=----
Votes cast for FTA-CIO----------------------------------------
Votes cast for Seafarers , AFL------------------------------------
Votes cast for ANB-ANS-----------------------------------------
Votes cast against participating labor organizations ----------------
Challenged ballots------------------------------------------------
Void ballots------------------------------------------------------
11
2
2
2
0
10
0
0
0
2 Herein designated. as ASI
3 Herein designated as the Members
" This firm and all other independent operators are designated cpllectively herein as
Independents. -
ALASKA SALMON' INDUSTRY, INC. 341
Hydaburg Cooperative Association L
Approximate number of eligible voters------------------------------ 43
Valid votes counted--------------------------------------------- 231
Votes cast for FTA-CIO-----------------------------------------0 3
Votes cast for Seafarers, AFL------------------------------------ 2
Votes cast for ANB-ANS----------------------------------------- 15
Votes cast against participating labor organizations----------------- 3
Challenged ballots----------------------------------------------- 0
Void ballots------------------------------------------------------ 0
West Coast Packing Company ° '
Approximate number of eligible voters------------------------------ 21
Valid votes counted----------------------------------------------- 18
Votes cast for FTA-CIO----------------------------------------- 0
Votes cast for Seafarers, AFL------------------------------------- 17
Votes cast for ANB-ANS----------------------------------------- 1
Votes,cist against participating labor organizations---------------- 0
Challenged ball.ots---------------------------------------------- 3
Void ballots------------------------------------------------------ 0
Salt Sea Ftshei les
Approximate number of eligible voters --------------------;-------- 15
t
Valid votes counted---------------------------------------------- 15
Votes cast for FTA-CIO----------------------------------------- 7
Votes cast for Seafarers, AFL------------------------------------ 3
Votes cast for ANB-ANS--------- -------------------------------- 4
Votes cast against participating labor organizations------------------ - 1
Challenged ballots----------------------------------------------- 0
Void ballots------------------------------------------------------ 0
Following the indeterminative election at Salt Sea Fisheries, the
Board agent in charge conducted a run-off election-on the following
day, in accordance with the provisions of Article III, Section 11 of the
Rules and Regulations-Series 3, as amended. Thereafter, a Tally of
Ballots was furnished to the parties which indicated the results of the
election to be as follows :
SALT SFA FISHERIES
Run-off Election
Approximate number' of elegible voters------------------------------ 11
Valid votes counted------------------------------------------------ g
Votes cast for FTA-CIO------------------------------------------ 6
Votes cast for ANB-ANS------------------------------------------ 3
Challenged ballots---------------------------------------- --------- 0
Void ballots------------------------------------------------------- 1
No objections to the conduct of the elections were filed with the
Regional Director within the time provided by the Rules and Regu-
lations of the National Labor Relations Board.
6 Successor of Peratrovich & Son Packing Company.'
342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Indeterminative Election Involving the Member Firms in the
Southeastern District
Since none of the choices on' the ballot in the election held for'resi-
dent cannery employees of ASI Members in the Southeastern District
received a,majority of the valid votes cast , the results of the election
were inconclusive . On August , 14, 1945, the Grand Camp of Alaska
Native Brotherhood- requested a run-off election to resolve the un-
determined question of representation . Under the Rules and Regula-
tions governing the conduct of run-off elections ," such elections are
conducted when the results of the original election are inconclusive,
if a timely request for such action is received in writing from any
representative entitled to appear on the run-off ballot. The rules
provide, however , that eligibility to vote in a run-off election is con-
fined to employees eligible to vote in the original election who are
employed in an eligible category on the date of the run-off election.
The industry involved in the present proceeding is a seasonal one,
and the 1945 season has been completed . We believe it would be in-
equitable and impractical to utilize eligibility lists prepared for use
'in the original election for a run-off which cannot be held until the
next season . Under the formula which was employed to determine
eligibility in the elections recently concluded , strict adherence to our
customary procedure would establish 1944-1945 employment experi-
ence as the basis for eligibility to vote in a 1946 election . We do not
regard this case, therefore, as one in which our regular procedure with
respect to run-off elections applies.
-We shall direct that a new ' election by secret ballot be conducted
among the resident cannery employees of ASI Members in the South-
eastern District who have worked a total of 15 or more days in tho
1945 canning season, or who, prior to the date of the election at the
cannery at which they are, or were last, employed, have worked a total
of 15 or more days in the 1945 and 1946 canning seasons combined,
or a total of 5 or more days in the 1946 canning season for one or more
of the Companies listed in Appendix A of the Recommended Decision,
or their successors and assigns , within the scope of one or more of the
units found appropriate in our Decision, Direction of Elections, and
Order (provided that if any of the said'employees has been employed
by more than one of such Companies , he shall vote as the employees
of the Company by which he -was last employed ), subject to the limita-
tions and additions set forth in the Direction . Since our Direction
will call for anew, election, based .upon a redetermination • of eligibility
to vote, we shall,permit"all the,labor,organizationswhich appeared on
the' ballot in the original proceeding to participate -- in the second'1
1.election.
e Article [II, Section 11, Series 3, as amended.
ALASKA SALMON INDUSTRY, INC. 343
Elections Which Were Determinative
The elections which were conducted in the Bristol Bay and Penin-
sula Districts, and at four of eight Independents'in the Southeastern
District, showed conclusively that a labor organization had been se-
lected by a majority of the employees in each of these bargaining units
as their collective bargaining representative. We shall therefore.
certify the organizations chosen by the resident camiery workers in
the aforesaid bargaining units.
Elections Directed But Not Held
Our Decision, Direction of Elections, and Order directed that an
election be held among the resident cannery workers of the Alaska
Native Consolidated Canning Company, an Independent operating
in the Peninsula District. The Company did not operate during the
1945 season. We shall dismiss the petition of the FTA-CIO insofar
as it relates to the resident cannery employees of this independent.
Four of eight Independents 7 in the Southeastern District did not
operate in the 1945 season. However, since we are directing a new
election for resident cannery employees of ASI Members in this Dis-
trict, we shall not dismiss the petitions before us insofar as they affect
the four' Independents to whom reference has been made: We shall
direct that if these Independents operate in 1946, the elections origi-
nally directed for their resident cannery employees in the 1945 season
be held during the 1946 season, on the basis of the revised eligibility
formula set forth above. - ,
CERTIFICATION OF REPRESENTATIVES,
By virtue of and pursuant to the power 'vested in the National
Labor Relations Board by Section-9 (c) of the National Labor Rela-
tions Act,,and,pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
IT IS I-IEREBY CERTIFIED
1. That International Fishermen and Allied Workers of America,
Local 46, CIO, has been designated and selected by a majority of all
resident cannery workers employed by all the member firms of Alaska
Salmon Industry, Inc., in-the Bristol Bay District' in shore plants and
floating canneries working at the canning, processing, and handling of
fish- from the time the fish are run -on the conveyor to the fish bin,
and ,the several operations until the finished product is canned, labeled,
and packed in cartons or cases and delivered to the 'warehouses or vest
7 These Independents are, Northern Packing Company, Craig Packing Company, Oscar
Nicholson , and Juneau Packing Company. -
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sels (this includes the making of cans, boxes and cartons, operation
and feeding of the following machines, but not the installation, up-
keep or maintenance : iron chinks, gang knives, butchers 'or cutters,
filling machine [feeders and helpers], clinchers, reformers, slitters,
can body mnachines, pasting machines, casing machines, stitching ma-
chines, and all work that has been done customarily heretofore which
does not conflict with any work 'heretofore performed by the Ma-
chinists' Union), including cannery worker foremen, second 'foremen,
utility men, department heads (leadmen), 'camiery worker timekeep-
ers, canner worker cooks, bakers, bull cooks and culinary help, but
excluding machinists, carpenters, radio operators, office' employees,
doctors and nurses, winter watchmen, night watchmen, superintend-
ents, assistant superintendents, cannery foremen, and company time-
keepers and/or bookkeepers, as'their representative for,the purposes
of collective bargaining, and that pursuant to Section 9 (a) of the
National Labor Relations Act, International Fishermen and Allied
Workers of America, Local 46, CIO, is the exclusiv=e representative
of all such employees for the -purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
2. That Food, Tobacco, Agricultural and Allied Workers Union of
America, CIO, has been designated and selected by a majority of all
resident cannery workers employed by all the member firms of Alaska
Salmon Industry, Inc., in the Peninsula District in shore plants and
floating canneries working at the canning, processing, and handling
of fish from the time the fish are run on the conveyor to the fish bin,
and the several-operations until the finished product is canned, labeled,
and packed in cartons or cases and delivered- to the warehouses or
vessels (this includes the making of cans, Boxes and cartons, operation
and'feeding of the following machines; but not the installation, upkeep
or maintenance : iron chinks, gang- knives, butchers or cutters, filling
machine' [feeders andhelpers], clinchers, reformers, slitters, can body
machines, pasting machines, casing machines, stitching machines, and
all work that has been done customarily heretofore which does not
conflict with any work heretofore performed by the Machinists'
Union) ; including cannery worker foremen, second foremen, utility
men, department heads (leadmen), cannery worker timekeepers, can-
nery worker cooks, bakers, bull cooks and culinary help, but excluding
machinists, carpenters, radio operators, office employees, doctors and
nurses,, winter watchmen, night watchmen, superintendents, assistant
superintendents, caiinery foremen, and company timekeepers and/or
bookkeepers, as their representative for the, purposes of collective
bargaining, and that pursuant to Section 9 (a) of the National Libor
Relations Act, Food, Tobacco, Agricultural and Allied Workers Union
of America, CIO, is-the exclusive representative of all such employees,
ALASKA SALMON INDUSTRY, INC. 345
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.
3. That Food, Tobacco, Agricultural and Allied Workers Union of
America, CIO, has been designated and selected by a'majority of all
resident cannery workers employed by Grindall Fisheries, Inc., in shore
plants and floating canneries working at the canning, processing, and
,handling of fish from the time the fish are run on the conveyor to the
fish bin; and the several operations until the finished product is canned,
labeled, and packed in cartons or cases and delivered to the warehouses
or vessels (this includes the making of cans; boxes and cartons, opera-
tion and feeding of the following machines, but not the installation,
upkeep or maintenance: iron chinks, gang knives, butchers or cutters,
filling machines [feeders and helpers], clinchers, reformers, slitters;
can body machines, pasting machines, casing machines-, stitching ma-
chines, and-all work that-has been done customarily heretofore which
does not conflict with any work heretofore performed by the Machin-
ists' Union), including cannery worker foremen, second foremen,
utility men, department heads (Ieadmen), cannery worker timekeep-
ers, cannery worker cooks, bakers,,bull cooks and culinary help, but ex-
cluding machinists, carpenters, radio operators, office employees, doc-
tors and nurses, winter watchmen, night watchmen, superintendents,
assistant superintendents, cannery foremen; and company timekeepers
and/or bookkeepers, as their iepresentative for-the purposes of collec-
tive bargaining, and that pursuant to Section 9 (a) of -the National -
Labor Relations Act, Food, Tobacco, Agricultural and Allied Workers
Union of America, CIO, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.
4. That Food, Tobacco, Agricultural and Allied Workers Union
of America CIO, has been designated and selected by a majority of
all resident cannery workers employed by Salt Sea Fisheries in shore
plants and floating canneries working at the canning, processing, and
handling of fish from the time the fish are run on the conveyor to
the fish bin, and the several operations until the'finished product is
canned;' labeled, and packed in cartons or cases and delivered to the
warehouses or vessels (this includes the making of cans, boxes and'
cartons, operation and feeding of the following machines, but not the
installation, upkeep or mmiurtenance: iron chinks, gang knives, butchers
or cutters, filling machine [feeders and helpers], clinchers, reformers,
slitters, can body machines, pasting machines, casing machines, stitch-
ing machines, and all work that has been done customarily heretofore
which does not conflict with any work heretofore performed by the
Machinists' Union), including cannery worker foremen, second fore-
men, utility men, department heads (leadmen), cannery worker time-
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
keepers, cannery worker cooks, bakers, bull cooks and culinary'help,
but excluding machinists, carpenters, radio operators, office employees,
doctors and nurses, winter watchmen, night watchmen, superintend-
ents, assistant superintendents, cannery foremen, and company time-
keepers and/or bookkeepers, as their representative for the- purposes
of collective bargaining, and that pursuant to Section 9 (a) of- the
National Labor Relations Act, Food, Tobacco, Agricultural and Allied
Workers Union of America, CIO, is the exclusive representative of all
such employees.for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
5. That Grand Camp of Alaska Native Brotherhood has been des-
ignated and,selected by a majority of all resident cannery workers
employed by Hydaburg Cooperative Association in shore plants and
floating canneries working at the canning, processing, and handling
of fish from the time the fish are run on the conveyor to the -fish bin,
and the several operations until the finished product is canned, labeled,
and packed in cartons or cases and delivered to the warehouses or
vessels (this includes the making of cans, boxes and cartons, operation
and feeding of the following machines', but not the installation, upkeep
or maintenance : iron chinks, gang knives, butchers or cutters, filling
machine [feeders and helpers], clinchers, reformers, slitters, can body
machines, pasting machines, casing machines, stitching machines, and
all work that has been done customarily heretofore which does not con-
flict with any work heretofore performed by the Machinists' Union),
including cannery worker foremen, second foremen, utility men, de-
partment heads (ledmen), cannery worker timekeepers, cannery
worker cooks, bakers, bull cooks, and culinary help,; but-excluding ma-
chinists, carpenters, radio operators, office employees, doctors and
nurses, winter watchmen, night watchmen, superintendents, assistant
superintendents, cannery 'foremen and company timekeepers and/or
bookkeepers, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the National Labor
Relations Act, Grand Camp of Alaska- Brotherhood is the exclusive
representative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
6. That Alaska Salmon Purse Seiners Union, affiliated with the
Seafarers International Union of North America, AFL, has been
designated and selected by 'a majority of all resident cannery workers
employed by the West Coast Packing' Company in shore plants and
floating canneries working at the canning; processing, and handling
of fish from the time the fish are run on the conveyor to.the fish bin,
and the several operations until the finished product:is canned,, labeled,
and packed in cartons or cases and,delivered to the warehouses or
-ALASKA SALMON INDUSTRY, INC: ,347
vessels (this includes the making of cans, boxes and, cartons, operation
and feeding of the following machines, but not the installation,, upkeep
or mainteniance : iron chinks, gang knives, butchers or cutters, filling
machine [feeders and helpers], clinchers, reformers, slitters, can body
machines, pasting machines, casing machines, stitching machines, and
all work that has been done customarily heretofore which does- not
conflict with any work heretofore performed by the Machinist'
Union); including cannery worker foremen, second foremen, utility
men, department heads (leadmen), cannery worker timekeepers, can=
nery worker cooks, bakers, bull cooks and culinary help, but excluding
machinists, carpenters, radio operators, office employees, doctors and
nurses, ivinter watchmen, night watchmen, superintendents, assistant
superintendents, cannery foremen, and company timekeepers and/oi
bookkeepers, as their representative for the purposes of collective bilrr
gaining, and that pursuant to Section 9 (a) of the National Labot
Relations Act, Alaska Salmon Purse-Seiners Union, affiliated, with the
Seafarers International Union of North America, AFL, is the exclu=
sive representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
SECOND DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3; as amended,
IT IS HEREBY DIRECTED that, as part of the investigation to ascertain
representatives for the purposes of collective bargaining with the -
Companies in the Southeastern District, or their successors and assigns,
separate elections by secret ballot shall be conducted as early as pos-
sible, not not later than September 1; 1946, under the direction and
supervision of the Regional Director for the Nineteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees of all the Members in the Southeastern
District; Northern Packing Company; Craig Packing Company;
Oscar Nicholson; and Juneau Packing Company; or their successors
and assigns, within the scope of the units found appropriate in Section
IV, C, subdivisions (e) and (h), of the Recommended Decision and Rec-
ommended Direction of Elections previously issued in this proceeding,
who have worked a total of 15 or more days in the 1945 canning season,
or who, prior to the date of the election at the cannery at which they
are, or were last, employed, have worked a total of 15 or.more days in
the 1945 and 1916 canning seasons combined or a total or 5 or more
348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
days in the 1946 canning season for one or more of the Companies
listed in Appendix A of the Recommended Decision and Recommended
Direction of Elections, or their successors and assigns, within the scope
of one or more of the units found appropriate in our Decision, Direc-
tion of Elections, and Order (provided, that if any of the said employ-
ees has been employed by more than one of such Companies; he shall
vote,as the employee of the Company by which he was last employed),
including employees who did not work during the said pay-roll period
because they were ill or on vacation, or temporarily laid off, and
including 'employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those employ-
ees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the elections, to deter-
mine whether the employees of all the Members in the Southeastern
District; Northern Packing Company; Craig Packing Company;
Oscar Nicholson; Juneau Packing Company; or their successors and
assigns, within the scope of the units found appropriate in subdivisions
(e) and (h) of Section IV, C, desire to be represented by the FTA-
CIO, by the ANB-ANS, by the Seafarers, AFL, for the purposes of col-
lective bargaining, or by none-of the said organizations.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives filed herein by the Food, Tobacco, Agricultural
and Allied Workers Union of America, CIO, insofar as it relates to
resident cannery workers employed by the Alaska Native Consolidated
Canning Company, be,-and it hereby is; dismissed.
I