Columbia River Packers Association, Inc.

National Labor Relations Board - Board Decisions

Oct 10, 1945

64 N.L.R.B. 9 (N.L.R.B. 1945)

In the Matter of COLUMBIA RIVER PACKERS ASSOCIATION, INC. and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 87,
AFL
Case No. 19-R-1563.-Decided October 10, 1945
Mr. James H. Cellars, of Astoria, Oreg., for the Company.
Mr. C. R. Owen, of Portland, Oreg., for. the Operating Engineers.
Mr. Henry Niemela, of Astoria, Oreg., for the C. I. O.
Cllr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers, Local Union No., 87, AFL, herein called the Operating
Engineers, alleging that a question affecting commerce had arisen
concerning the representation of employees of Columbia River Pack-
ers Association, Inc., Astoria, Oregon, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Erwin A. Peterson, Trial Examiner.
The hearing, was held at Astoria, Oregon, on June 26, 1945. The
Company, the Operating Engineers, and the Columbia River Fisher-
men's Protective Union, C. I. 0., herein called the C. I. 0., appeared
and participated. All parties were afforded full opportunity to
be heard, to examine and cross-examine witnesses, ,and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made.
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS or FACT
I. TILE BUSINESS Or THE COMPANY
s
Columbia River Packers Association, Inc., an Oregon corporation,
is engaged in the business of canning, processing, and distributing
fish and other seafood. The Company maintains 5 processing plants.
64 N. L. R. B, No 3.
9
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2 of which are located in Alaska. The remaining 3 plants consist of
canneries at Astoria, Oregon, and Altoona, Washington, and a cold
storage plant' at Astoria, Oregon. In addition, the Company oper-
ates a shipyard, a machine shop, a, can factory, and approximately
35 stations for receiving and handling fish. The Company's entire
operations are administered through its main office at Astoria, Oregon.
Only the Company's •Astoria plant operations are here involved.
Approximately 90 percent of the products of the Astoria plant is
shipped to poihts outside the State of Oregon. During the year 1944,
the Company's sales were valued in excess of $5,000,000.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local Union No. 87,
affiliated with the American Federation of Labor, is a labor organiza-
tion' admitting to membership employees of the Company.
Columbia River Fishermen's Protective Union, affiliated with the'
Congress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company. - -
III. THE ALLEGED APPROPRIATE UNIT
In December 1942-the Operating Engineers petitioned the Board for
certification, as the exclusive bargaining representative of all operating
engirieers and apprentices employed by the Company. The Board dis-
missed the petition upon finding that the bargaining unit sought was
inappropriate., On April 26, 1945, the Operating Engineers again
filed a petition with the Board requesting certification in a unit of
operating engineers. The Company contends that the unit sought is
inappropriate and also that the Company's contract with the C. I. O.
constitutes a bar.. In view of our finding herein, with regard to the
appropriate unit, it is unnecessitry to consider the contention of the
Company, with- respect to the contract.",
The Company employs five operating engineers, including the chief
engineer. The operating engineers work in the plant's cold storage
department where they operate and service the Company's refrigeration
equipment; they regulate and control the temperatures in the ice tanks
and in the freezing and cold storage rooms. The operating engineers
are not a skilled group; 2 most of them have had little training or expe-
rience in refrigeration mechanics before being employed by the Com-'
pany; their apprenticeship period often lasts no longer-than a few
s Matter of Columbia River Packers Asoc¢ation, Inc , 52 N L R B 535.
2 The chief engineer , a skilled mechanic , is the sole person qualified to repair the plant's
refrigeration equipment,
r
COLUMBIA RIVER PACKERS ASSOCIATION,' INC. 11
weeks, after which they are permitted to assume the full responsibilities
of their job. The record also indicates that the operating engineers do
minor maintenance work in other parts of the plant and perform inci-
dental tasks which are similar to those performed by other employees in
the plant.
In the earlier proceeding, referred to above, we held that the operat-
ing engineers were not a skilled-craft group, entitled to recognition in a
separate bargaining unit.3 The record we now have before us presents-
no evidence that the duties of the operating engineers have materially
changed since the time of our previous decision. Accordingly, we see
no reason to depart from our prior determination. We, therefore, find
that the unit sought by the Operating Engineers is inappropriate for
the purposes of collective bargaining.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as we have, held in Section III, above, the bargaining unit
sought by the Operating Engineers is,inappropriate for the purposes of
collective bargaining, we find that no question affecting commerce has
arisen concerning the reptesentation of employees of the Company
within the meaning of Section 9 (c),of the National Labor Relations
Act. We shall, therefore, dismiss the petition.
ORDER
Upon the basis of the foregoing findings of fact and the entire record
in the case, the National Labor Relations Board hereby orders that the
petition for investigation and certification of representatives of em-
ployees of Columbia River Packers Association, Inc., Astoria, Oregon,
filed by International Union of Operating Engineers, Local Union
No. 87, AFL,.be, and it hereby is, dismissed.
See footnote 1, supra.