Alaska Salmon Industry, Inc.

National Labor Relations Board - Board Decisions

Jul 22, 1948

78 N.L.R.B. 522 (N.L.R.B. 1948)

In the Matter of ALASKA SALMON INDUSTRY , INC., EMPLOYER and
RADIO OFFICERS ' UNION, MARINE DIVISION, COMMERCIAL TELEG-
RAPHERS UNION, AFL, PETITIONER
Case No. 19-RC-6.-Decided July 22, 194.8
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer's rulings
made at the hearing are free from prejudicial error and, with the
exception noted below, are hereby affirmed.'
' At the bearing , the hearing officer, over the objection of the Petitioner , granted the
motion of Radio Division of the Marine Engineers Beneficial Association of the Pacific Coast
(CIO), herein called the Radio Marine Engineers , to intervene In this proceeding finding,
contrary to the contention of the Petitioner, the record established that the Radio Marine
Engineers was not affiliated with American Communications Association , CIO, herein called
the A. C. A, an organization not in compliance with the filing requirements of the Act as
amended. In view of certain written allegations made by the Petitioner after the close of
the hearing in further support of its contention, the Board caused to be served upon the
parties an Order To Show Cause why the hearing officer's ruling permitting intervention to
the Radio Marine Engineers should not be overruled
Upon the basis of the evidence adduced at the hearing and the information received by the
Board in response to the Order To Show Cause, it appears (1) that the Radio Marine En-
gineers was the same organization that had formerly been known as Local 3 of the A. C. A. ;
(2) that, on or about February 25, 1948, said organization permanently severed its affilia-
tion with the A C. A and was granted a provisional charter by the National Marine En-
gineers Beneficial Association (CIO), herein called the N. M. E. B. A ; ( 3) that at its annual
convention held at Jacksonville, Florida, from May 17 to 22, 1948, the N M. E B. A. re-
fused to giant the Radio Marine Engineers a permanent charter and rescinded the pro-
visional charter theretofore granted; (4) that thereafter, on or about May 25, 1948, Local
Union No. 6, International Brotherhood of Electrical Workers, AFL, established a "special
Provisional Unit" known as Marine Radio Officers Unit of Local Union No. 6, I. B E W ,
also apparently sometimes referred to as Marine Radio Officers of the Pacific , International
Brotherhood of Electrical Workers, AFL, and herein called the Marine Radio Officers, for
the purpose of affording the organization formerly known as the Radio Marine Engineers
an opportunity to affiliate with the International Brotherhood of Electrical Workers, AFL.
No proof has been offered to establish that the Marine Radio Officeis is the sole successor
to the Radio Maiine Engineers
Inasmuch as it appears that no labor organization known as Radio Division of the Marine
Engineers Beneficial Association of the Pacific Coast ( CIO) now exists , we find it unneces-
sary to pass upon the propriety of the hearing officer ' s ruling permitting its intervention at
the time of the hearing . Under all the circumstances , we find that the Marine Radio Officers
have failed to establish an interest in the subject matter of this proceeding sufficient to
entitle it to the right to inter Gene It is therefore denied intervention
78 N. L. R B,No.63
522
ALASKA SALMON INDUSTRY, INC. 523
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in this case, the Board finds :
1. The Employer 2 and its members are each engaged in commerce
within the meaning of the National Labor Relations Act.
2. The labor organizations named below claim to represent employ-
ees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer-Members of ASI con-
stitute a unit appropriate for purposes of collective bargaining within
the meaning of Section 9 (b) of the Act :
All licensed radio officers 3 who operate and maintain radio tele-
graphic equipment or radio telephone equipment or both at cannery
shore stations in Alaska, but excluding permit holders who operate
only radio telephone equipment, repair men hired occasionally for
specific repair jobs, and all supervisors, as defined in the amended Act.
5. Operations at the canneries of the Employer-Members of ASI
are seasonal in nature. Although the canneries were not in operation
at the time of the hearing, it was estimated that employment would
start a few days after the hearing and increase gradually until about
July 1. In view of the fact that the canneries' season is just beginning
to open, we are of the opinion that an election should not be held at
this time. As it is presently impossible to determine when the Em-
ployer-Members will achieve full production during the 1948 season,
we shall not fix a specific date for holding the election, but shall direct
that an election be held at such time during the 1948 season as the
Regional Director deems appropriate'
The Intervenor contends that if an election is directed after the
1948 season begins, all the employees who worked for the Employer-
Members during the 1947 season should be permitted to participate
in the election as well as those who have been hired for the 1948 season
because the previous season's workers have a reasonable expectancy
of reemployment. Although the Petitioner agrees that both the 1947
and the 1948 pay rolls should be used to determine eligibility if the
'Chairman Herzog and Members Reynolds and Murdock
' The Alaska Salmon Industry , Inc , herein called ASI, is a nonprofit corporation com-
posed of employer -members who operate salmon canneries in the Territory of Alaska ASI
admits and we find, that it is an employer within the meaning of Section 2 ( 2) of the Act.
3 These employees are licensed by the Federal Communications Commission.
* Matter of Liggett and Meyers Tobacco Company, 74 N. L R B 443
524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election is held after the start of the 1948 season, it contends, as does
the Employer, that if the election is held after employment for the
1948 season is complete, then eligibility shall be limited to the pay-
roll period immediately preceding the date of the election. The -Em-
ployer-Members have for many seasons reemployed a large proportion
of the previous season's workers. There is no showing in the record,
however, that all the employees who worked during the 1947 season
will be rehired. Under the circumstances, we shall direct that the
employees of the Employer-Members eligible to vote in the election
shall be those in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the election.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Alaska Salmon Industry, Inc.,
Seattle, Washington, an election by secret ballot shall be conducted
during the salmon canneries' season of 1948 on a date to be determined
by the Regional Director for the Nineteenth Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date on which
the Regional Director issues the notice of election, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented by Radio Officers'
Union, Marine Division, Commercial Telegraphers Union, AFL, for
the purposes of collective bargaining.
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