F. E. Booth & Co.

National Labor Relations Board - Board Decisions

Oct 19, 1939

16 N.L.R.B. 149 (N.L.R.B. 1939)

In the Matter of F. E. BooTH & COMPANY, CALIFORNIA PACKING
CORPORATION, CARMEL CANNING COMPANY, CUSTOM HOUSE PACKING
CORPORATION, DEL MAR CANNING COMPANY, E. B. GROSS CANNING
COMPANY, HOVDEN FOOD PRODUCTS CORPORATION, MONTEREY CAN-
NING COMPANY, SAN CARLOS CANNING COMPANY, SAN ZANIER FISH
PACKING COMPANY, SEA PRIDE PACKING CORPORATION, LTD. and
MONTEREY BAY AREA FISH WORKERS UNION No. 23
Cases Nos. R-1181 to R-1191, inclusire
CERTIFICATIONS OF REPRESENTATIVES
October 19, 1939
On January 31, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in
the above-entitled proceeding. On February 6, 1939, the Board issued
an Amendment to Direction of Elections.2 The Direction of Elec-
tions, as amended, provided that separate elections by secret ballot
be conducted within fourteen (14) days from the date of the Amend-
ment, in accordance with the principles enunciated in Section VIII
of the Decision, among the employees of F. E. Booth -Company, Inc.,
California Packing Corporation, Carmel Canning Company, Custom
House Packing Corporation, Del Mar Canning Company, E. B. Gross
Canning Company, Hovden Food Products Corporation, Monterey
Canning Company, San Carlos Canning Company, San Xavier Fish
Packing Company, and Sea Pride Packing Corporation, Ltd., respec-
tively, herein collectively called the Companies, who work at Mon-
terey and Moss Landing, including maintenance men but excluding
all watchmen, teamsters, nurses, office and clerical employees, execu-
tives, foremen, foreladies, assistant foremen, and assistant foreladies,
to determine whether they desired to be represented by Monterey
Bay Area Fish Workers Union No. 23, herein called Local No. 23,
affiliated with the Congress of Industrial Organizations, or by Can-
nery Workers Union, Local No. 20986, herein called Local No. 20986,
110 N. L. It. B. 1491.
211 N. L. R. B. 37.
16 N. L. R. B., No. 16.
149
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
affiliated with the American Federation of Labor, for the purposes of
collective bargaining , or by neither.
On February 4, 1939, Local No. 23 protested that since the Board's
Decision and Direction of Elections permitted the participation in
the elections of employees hired after November 20, 1938 , when Local
No. 23 called a strike, and since such employees were therefore strike-
breakers , they should not be permitted to vote.' On the same day,
upon notice to all parties , the Board instructed the Regional Director
to segregate the ballots of all voters who were not employed by any
of the Companies at any time between the period from August 1 to
November 20, 1938, and announced that it would defer the disposi-
tion of the protest of Local No. 23 until after the conduct of the
elections.
On February 9, 1939, the Companies moved the Board that the,
Decision and Direction of Elections be amended in certain particu-
lars and that the counting of the ballots be postponed pending such
amendments . On the same day the Board denied the motion with-
out prejudice to the renewal thereof after the conduct of the elections.
Pursuant to the Direction of Elections , as amended , elections by
secret ballot were conducted on February 14, 15, and 16 , 1939, at
Monterey , California , under the direction and supervision of the
Regional Director for the Twentieth Region.
On February 24, 1939, Local No. 20986 moved the Board that the
Decision and Direction of Elections be amended in certain particu-
lars, and on February 25, 1939, the Companies renewed their motion
of February 9, 1939, referred to above. By orders dated March 1,
1939, the Board denied these motions.
On March 10, 1939, the Regional Director , acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended , issued her Intermediate Report
-upon Secret Ballot with respect to the conduct of each election , copies
of which were duly served upon all parties having an interest in the
balloting.
As to the balloting and the results thereof, the Regional Director
reported as follows: 4
F. E. BOOTH COMPANY, INC.
Total number eligible to vote________________________________ 236
Number of votes for Local No. 23____________________________ 34
Number of votes for Local No. 20986_________________________ 95
3 The Decision and Direction of Elections provided inter alia that All workers in the
appropriate units who were employed by one or more of the Companies on 6 days during
the period from August 1, 1938, to January 31, 1939, shall be eligible to participate in
the elections."
4 Pursuant to instructions from the Board, the Regional Director did not count the
segregated ballots.
F. E. BOOTH & COMPANY
Number of votes for neither ---------------------------------- 1
Total number of votes counted-------!--- ---- ---------------- 130
Number of segregated ballots------------------------------ 18
Number of challenged ballots-------------------------------- 6
Number of void ballots------------------------------------- 2
Number of blank ballots------------------------------------ 0
CALIFORNIA PACKING CORPORATION
Total number eligible to vote-------------------------------- 296
Number of votes for Local No. 23---------------------------- 45
Number of votes for Local No. 20986------------------------- 122
Number of votes for neither--------------------------------- 0
Total number of votes counted------------------------------- 167
Number of segregated ballots-------------------------------- 16
Number of challenged ballots-------------------------------- 9
Number of void ballots-------------------------------------- 3
Number of blank ballots------------------------------------ 0
CARMEL CANNING COMPANY
Total number eligible to vote-------------------------------- 128
Number of votes for Local No. 23---------------------------- 22
Number of votes for Local No. 20986------------------------- 54
Number of votes for neither--------------------------------- 0
Total number of votes counted------------------------------- 76
Number of segregated ballots-------------------------------- 6
Number of challenged ballots-------------------------------- 2
Number of void ballots-------------------------------------- 1
Number of blank ballots------------------------------------ 1
CUSTOM HOUSE PACKING CORPORATION
Total number eligible to vote------------------------------ 199
Number of votes for Local No. 23--------------------------- 35
Number of votes for Local No. 20986------------------------ 42
Number of votes for neither-------------------------------- 0
Total number of votes counted------------------------------ 77
Number of segregated ballots------------------------------ 14
Number of challenged ballots------------------------------- 13
Number of void ballots------------------------------------ 0
Number of blank ballots----------------------------------- 0
DEL MAR CANNING COMPANY
Total number eligible to vote-------------------------------- 400
Number of votes for Local No. 23--------------------------- 61
Number of votes for Local No. 20986----------------------- 152
Number of votes for neither------------------------------- 1
Total number of votes counted------------------------------ 214
Number of segregated ballots------------------------------ 33
Number of challenged ballots------------------------------ 1
Number of void ballots------------------------------------ 0
Number of blank ballots----------------------------------- '0
247383-40-vol. 16---11
151
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
E. B. GROSS CANNING COMPANY
Total number eligible to vote _______________________________ 256
Number of votes for Local No. 23 ___________________________ 43
Number of votes for Local No. 20986_______________________ 76
Number of votes for neither _______________________________ 1
Total number of votes counted_____________________________ 120
Number of segregated ballots______ _________________________ 19
Number of challenged , ballots_______________________________ 4
Number of void ballots ____________________________________ 0
Number of blank ballots 0
HOVDEN FOOD PRODUCTS CORPORATION
Total number eligible to vote_____________________________ 390
Number of votes for Local No. 23____________________________ 53
Number of votes for Local No. 20986_______________________ 204
Number of votes for neither_________________________________ 0
Total number of votes counted_____________________________ 257
Number of segregated ballots --------------- _----------------- 2
Number of challenged ballots_______________________________ 10
Number of void ballots____________------------ ------------------------- 0
Number of blank ballots___________________________________ 0
MONTEREY CANNING COMPANY
Total number eligible to vote_______________________________ 136
Number of votes for Local No. 23___________________________ 37
Number of votes for Local No. 20986________________________ 58
Number of votes for neither________________________________ 0
Total number of votes counted_____________________________ 95
Number of segregated ballots_______________________________ 2
Number of challenged ballots_______________________________ 2
Number of void ballots____________------------------------------------ 0
Number of blank ballots___________________________________ 0
SAN CARLOS CANNING COMPANY
Total number eligible to vote________________________________ 298
Number of votes for Local No. 23____________________________ 54
Number of votes for Local No. 20986_________________________ 125
Number of votes for neither_________________________________ 0
Total number of votes counted_______________________________ 179
Number of segregated ballots________________________________ 17
Number of challenged ballots________________________________ 0
Number of void ballots______________________________________ 2
Number of blank ballots____________________________________ 0
SAN XAVIER FISH PACKING COMPANY
Total number eligible to vote__ ______________________________ 207
Number of votes for Local No. 23 ____________________________ 43
Number of votes for Local No. 20986 _________________________ 88
Number of votes for neither___ ______________________________ 1
Total number of votes counted______________________________ 132
Number of segregated ballots________________________________ 20
F. E. 1300TH & COMPANY 153
Number of challenged ballots------------------------------- 4
Number of void ballots-------------------------------------- 1
Number of blank ballots------------------------------------ 0
SEA PRIDE PACKING CORPORATION, LTD.
Total number eligible to vote-------------------------------- 302
Number of votes for Local No. 23____________________________ 55
Number of votes for Local No. 20986_________________________ 117
Number of votes for neitber--------------------------------- 1
Total number of votes counted ------------------------------ 173
Number of segregated ballots-------------------------------- 17
Number of challenged ballots ________________________________ 10
Number of void ballots-------------------------------------- 0
Number of blank ballots ____________________________________ 0
Except as noted below with respect to the tabulation of the ballots
cast in the election among the employees of Custom House Packing
Corporation, the challenged ballots were neither counted nor ruled
upon by the Regional Director since they could not have materially
affected the results of the elections.
On March 21, 1939, Local No. 23 filed with the Regional Director,
pursuant to an extension of time granted therefor, "Objections to
Intermediate Report and Petition for-Hearing" with respect to the
conduct of each of the elections. These Objections are considered
infra.
On September 28, 1939, the Regional 'Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, issued and duly served upon the interested
parties a Supplementary Intermediate Report upon Secret Ballot
with respect to the election among the employees of Custom House
Packing Corporation.5 The Regional Director therein reported that
Local No. 23 had challenged the right to vote of the following: J. F.
Hodapp on the ground that he was employed as a watchman, Ann
Abbey and George Wood on the ground that they did not work the
number of days necessary for eligibility to participate in the elec-
tion, Maryon Dean on the ground that she was employed as a fore-
lady, Emory Consol on the ground that he was employed as a fore-
man, and Manuel Diaz on the ground that he was employed as a
truck driver; that Local No. 20986 had challenged the right to vote
of Peter Bajot on the ground that he was employed as a watchman,
and T. E. Maguire on the ground that he had voluntarily left his
employment; that Local No. 20986 and the Company had challenged
the right to vote of Mary Loftus on the ground that she had volun-
6 The Supplementary Intermediate Report upon Secret Ballot was so entitled since it
supplemented the Intermediate Report upon Secret Ballot which was issued pursuant to
Series 1 of the Rules and Regulations . The corresponding Article and Section of Series 2
of the Rules and Regulations which became effective on July 14 , 1939 , calls for the issuance
in the first instance of an Election Report . The Supplementary Intermediate Report
conformed to the pertinent Article and Section of said Series 2 of the Rules and Regula-
tions, and thus corresponded to a Supplementary Election Report.
154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tarily left her employment; and that the Company had challenged
the right to vote of Antoinetta Seremino and A. Al. Lewis on the
ground that they had been discharged for cause, and Pat Adams
and Frank Gonzales on the ground that they had voluntarily left
their employment.
The Regional Director found that the ballots of Peter Bajot and
J. F. Hodapp were properly challenged and that the ballots of Pat
Adams, Frank Gonzales, Mary Loftus, Antoinetta Seremino, A. M.
Lewis, T. E. Maguire, Ann Abbey, Maryon Dean, Emory Consol,
George Wood, and Manuel Diaz were improperly challenged. She
accordingly ruled that the ballots which were improperly challenged
should be counted. No objections or exceptions to the Supplementary
Intermediate Report were filed by any of the parties. The rulings of
the Regional Director upon the challenged ballots are hereby affirmed.
On October 3, 1939, the Regional Director, in the presence of ob-
servers for the interested parties, opened the ballots improperly chal-
lenged and issued a "Certification on Counting and Tabulation of
Challenged Ballots" which was signed by said observers. With
respect to the counting and tabulation of the ballots the Regional
Director reported as follows :
Number of votes for Local No. 2a____________________________ 7
Number of votes for Local No. 20986_________________________ 4
Number of votes for neither_________________________________ 0
Total number of votes counted_______________________________ 11
Number of blank ballots _____________________________________ 0
Number of void ballots______________________________________ 0
There remains for disposition the segregated ballots of the em-
ployees who were permitted to vote over the protest of Local No. 23.
As indicated above, these employees had received employment for the
first time after the members of Local No. 23 had gone out on strike
on November 20, 1938. From the employment situation existing in
the industry on that date which marked approximately the midpoint
of the season, it is obvious that these employees were hired to replace
the strikers. Accordingly their ballots shall not be counted.6
Thus the final tabulation of the ballots cast in the election among
the employees of Custom House Packing Corporation is as follows :
Total number eligible to vote________________________________ 185
Number of votes for Local No. 23___________________________ 42
Number of votes for Local No. 20986 ________________________ 46
Number of votes for neither________________________________ 0
Total number of votes counted______________________________ 88
Number of ballots properly challenged_______________________ 2
Number-of void ( segregated ) ballots________________________ 14
Number of blank ballots______ ______________________________ 0
6 Matter of A. Sartorius & Co., Inc. and United Mine Workers of America, District 50,
,Local 12090, 10 N. L. R . B. 493.
T. E. BOOTH & COMPANY 155
As noted above, Local No. 23 had filed with the Regional Director
"Objections to Intermediate Report and Petition for Hearing" with
respect to the conduct of each election. As grounds for its objections
Local No. 23 charged in substance (1) that the Companies engaged
in a campaign to restrain their employees from voting for Local No.
23 and to influence them to vote for Local No. 20986; (2) that the
Companies and Local No. 20986 conspired and engaged in unlawful
electioneering at the polls in order to discourage the employees from
casting ballots for Local No. 23; (3) that the Companies in the fore-
going and other ways contributed assistance and support to Local
No. 20986; (4) that the lists of employees eligible to participate in
the elections were inaccurately compiled to the prejudice of Local
No. 23; and (5) that Board agents at the polls engaged in various
forms of improper conduct which had the effect of discouraging
voters from casting their ballots for Local No. 23. Appended to the
Objections was a petition for a hearing upon the charges contained
therein.
On October 6, 1939, after conducting an investigation of the Objec-
tions, the Regional Director issued and duly served upon the parties
a Report on Objections which found that the Objections raised sub-
stantial and material issues with respect to the conduct of the elec-
tions and recommended that a hearing thereon be directed.
Although the Report on Objections indicates that the elections
were conducted in a manner which permitted at the polling place the
infusion of the intense rivalry prevailing between the two labor
organizations, we are not satisfied that the results of the elections
were materially affected. It is plain from the Report on Objections
that the investigation conducted by the Regional Director and pur-
porting to sustain the Objections was directed almost exclusively to
the sources made available by Local No. 23. In the light of these
circumstances we are constrained to place less than complete reliance
upon the Report on Objections and to weigh in the balance the Cer-
tificates on Conduct of Elections which were signed by the repre-
sentatives of the respective parties, including the representatives of
Local No. 23, immediately following the balloting and on the basis
of which the Regional Director certified in the Intermediate Reports
upon Secret Ballot that the elections were fairly and impartially
conducted. We are thus left to speculate upon objections which
under the circumstances raise no more than a suspicion that the
results of the elections do not reflect the untrammeled desires of the
employees.
Furthermore, we must take into consideration the seasonal nature
of the business of the Companies and the long period of time which
has elapsed since these proceedings were instituted. The operations
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Companies extend from August of each year to February of
the following year. The petitions in these cases were filed in No-
vember 1938. In our Decision and Direction of Elections we found
that the petitions raised questions concerning the representation of
employees for the current season which will terminate in February
1940. It is thus apparent that no useful purpose would be served by
further extending the investigation of representatives and depriving
the employees involved of the fruits of collective bargaining for the
remainder of this season on the basis of objections which, under the
circumstances of this case, are not satisfactorily supported. We
conclude that the Objections do not raise substantial and material
issues -with respect to the conduct of the ballots. The petition for
hearing is accordingly denied and we shall issue certifications based
upon the results of the elections as tabulated above.
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 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of F. E.
Booth Company, Inc., who work at Monterey and Moss Landing,
including maintenance men but excluding all watchmen, teamsters,
nurses, office and clerical employees, executives, foremen, foreladies,
assistant foremen, and assistant foreladies, as their representative for
the purposes of collective bargaining and that, pursuant to the provi-
sions of Section 9 (a) of the Act, Cannery Workers Union, Local
No. 20986, affiliated with the American Federation of Labor, 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.
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of California
Packing Corporation who work at Monterey and Moss Landing,
including maintenance men but excluding all watchmen, teamsters,
nurses, office and clerical employees, executives, foremen, foreladies,
assistant foremen, and assistant foreladies, as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, Cannery Workers Union, Local
No. 20986, affiliated with the American Federation of Labor, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
F. E. BOOTH & COMPANY 157
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of Carmel
Canning Company who work at Monterey and Moss Landing, in-
chiding maintenance men but excluding all watchmen, teamsters,
nurses, office and clerical employees, executives, foremen, foreladies,
assistant foremen, and assistant foreladies, as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, Cannery Workers Union, Local
No. 20986, affiliated with the American Federation of Labor, is the
exclusive representative of air such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of the Custom
House Packing Corporation who work at Monterey and Moss Land-
ing, including maintenance inen but excluding all watchmen,
teamsters, nurses, office and clerical employees, executives, foremen,
foreladies, assistant foremen, and assistant foreladies, as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to the provisions of Section 9 (a) of the Act, Cannery Workers
Union, Local No. 20986, affiliated with the American Federation of
Labor, 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.
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of Del Mar
Canning Company who work at Monterey and Moss Landing, in-
cluding maintenance men but excluding all watchmen, teamsters,
nurses, office and clerical employees, executives, foremen, foreladies,
assistant foremen, and assistant foreladies, as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, Cannery Workers Union, Local
No. 20986, affiliated with the American Federation of Labor, 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.
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of E. B.
Gross Canning Company who work at Monterey and Moss Landing,
including maintenance men but excluding all watchmen, teamsters;
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nurses,. office and clerical employees , executives , foremen, foreladies,
assistant foremen, and assistant foreladies , as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, Cannery Workers Union, Local
No. 20986, affiliated with the American Federation of Labor, 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.
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of Hovden
Food Products Corporation who work at Monterey and Moss Land-
ing, including maintenance men but excluding all watchmen, team-,
sters, nurses , office and clerical employees, executives , foremen, fore-
ladies, assistant foremen , and assistant foreladies , as their represent-
ative for the purposes of collective bargaining and that, pursuant
to the provisions of Section 9 (a) of the Act, Cannery Workers
Union, Local No. 20986, affiliated with the American Federation of
Labor, 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.
IT IS HEREBY CERTIFIED that Cannery Workers Union , Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of Monterey
Canning Company who work at Monterey and Moss Landing, in-
cluding maintenance inen but excluding all watchmen , teamsters,
nurses, office and clerical employees , executives , foremen , foreladies,
assistant foremen, and assistant foreladies , as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, Cannery Workers Union, "Local
No. 20986, affiliated with the American Federation of Labor, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages , hours of em-
and other conditions of employment.
IT IS HEREBY CERTIFIED that Cannery Workers Union, Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of San Carlos
Canning Company who work at Monterey and Moss Landing, in-
cluding maintenance men but excluding all watchmen , teamsters,
nurses, office and clerical employees , executives , foremen, foreladies,
assistant foremen, and assistant foreladies , as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the Act, Cannery Workers Union,
Local No. 20986, affiliated with the American Federation of Labor, is
F. E. BOOTH: & COMPANY 159
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.
IT IS HEREBY CERTIFIED that Cannery Workers Union , Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of San
Xavier Fish Packing Company who work at Monterey and Moss
Landing, including maintenance men but excluding all watchmen,
teamsters , nurses, office and clerical employees, executives , foremen,
foreladies , assistant foremen , and assistant foreladies, as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to the provisions of Section 9 (a) of the Act, Cannery Workers
Union, Local No. 20986, affiliated with the American Federation of
Labor, 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.
IT IS HEREBY CERTIFIED that Cannery Workers Union , Local No.
20986, affiliated with the American Federation of Labor has been
designated and selected by a majority of the employees of Sea Pride
Packing Corporation, Ltd.; who work at Monterey and Moss Land-
ing, including maintenance men but excluding all watchmen, team-
sters, nurses , office and clerical employees , executives , foremen,
foreladies, assistant foremen, and assistant foreladies , as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to the provisions of Section 9 (a) of the Act, Cannery Workers
Union, Local No. 20986, affiliated with the American Federation of
Labor , 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.
Mn. EDWIN S . SMITH , dissenting :
I am unable to subscribe to the opinion of the majority in this
proceeding. Serious charges have been brought which, if substan-
tiated, would invalidate the results of the elections . The Report on
Objections plainly establishes a prima facie case that some of the
employers had unlawfully interfered with the conduct of the elections
and had sought to coerce their employees in the choice of bargaining
representatives. There,is also a prima facie showing that the Board
agents who supervised the balloting did not display the strict impar-
tiality essential to the proper conduct of elections . Although the
Regional Director 's investigation , upon . which the Report on Objec-
tions is predicated , may not have been exhaustive , I strongly feel
that the Board is not justified in assuming that a more thorough
investigation would have disclosed evidence to controvert fully the
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
charges made in the Objections. In reaching their decision the
majority has necessarily made such an assumption.
I fully appreciate that the long delay between the conduct of the
elections and the issuance of the Report on Objections has operated
to the prejudice of the winning union. Shortly after the date of the
elections, however, the canning season ended and the employees in-
volved dispersed to seek employment elsewhere along the `Vest
Coast. Considering the attendant handicaps and especially the un-
availability of witnesses, it cannot be said that the investigation con-
ducted by the Regional Director was unduly prolonged. In any
event the Board should not.permit a lapse of time to operate to
validate an invalid election. I would authorize the conduct of a
hearing on the Objections or, in the alternative, remand the Report
on Objections to the Regional Director with the direction that a
further investigation be prosecuted.
The Board has tried to fortify its election machinery with every
possible safeguard to insure the accuracy and dependability of elec-
tions in reflecting the full freedom of expression by employees in
their choice of bargaining representatives. The Board has followed
the policy of requiring scrupulous adherence to the standards it has
prescribed. I feel that the decision of the majority in this proceed-
ing marks a dangerous and undesirable departure from this policy.