F. E. Booth & Company

National Labor Relations Board - Board Decisions

Jan 31, 1939

10 N.L.R.B. 1491 (N.L.R.B. 1939)

In the Matter of F. E. BOOTH & COMPANY, CALIFORNIA PACKING CORPO-
RATION, CARMEL CANNING COMPANY, CUSTOM HOUSE PACKING COR-
PORATION, DEL MAR CANNING COMPANY, E. B. GROSS CANNING COM-
PANY, HOVDEN FOOD PRODUCTS CORPORATION, MONTEREY CANNING
COMPANY, SAN CARLOS CANNING COMPANY, SAN ZAVIER FISH PACK-
ING COMPANY, SEA PRIDE PACKING CORPORATION, LTD. and MONTEREY
BAY AREA FISH WORKERS UNION No. 23
Cases Nos. R-1181 to R-1191, inclusive.Decided January 31, 1939
Fish Canning and Reduction Industry-Investigation of Representatives: con-
troversy concerning representation of employees: controversy concerning appro-
priate unit; preferential shop contracts between each company and one labor
organization; requests to each company by rival organization for recognition,
not answered ; strike by requesting organization-Unit Appr opriate for Collective
Bargaining: employer unit in this area, history of collective bargaining in this
area ; all employees, excluding watchmen, teamsters, nurses, office, clerical, and
supervisory employees-Representatives: eligibility to participate in choice : per-
sons employed by one or more company on 6 or more days this season, employee to
be considered as employee of company where he worked on greatest number of
days this season ; in case of equal number of days, the company where he last
worked-Elections Ordered
Mr. John Paul Jennings, for the Board.
Cliickering cC Gregory, by Mr. Stephen R. Duhring, of San Fran-
cisco, Calif., for F. E. Booth Company, Inc.
Pillsbury, Madison cC Sutro, by Mr. Eugene D. Bennett, of San Fran
cisco, Calif., for all the companies except F. E. Booth Company, Inc.
Mr. George R. Anderson, of San Francisco, Calif., for Local No. 23.
Mr. Charles J. Janigian, of San Francisco, Calif., for Local 20986.
Mr. Francis Hoague, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 15, 1938, Monterey Bay Area Fish Workers' Union
No. 23, herein called Local No. 23, filed with the Regional Director
for the Twentieth Region (San Francisco, California) 11 petitions
alleging that questions affecting commerce had arisen concerning the
representation of employees of F. E. Booth Company, Inc. ; 1 Cali -
I Incorrectly referred to in the petition as F. E. Booth & Company
10N L.R.B,No 137
1491
1492 NATIONAL LABOR RELATIONS BOARD
fornia Packing Corporation ; Carmel Canning Company ; Custom
House Packing Corporation; Del Mar Canning Company; E. B. Gross
Canning Company ; Hovden Food Products Corporation ; Monte-
rey Canning Company; San Carlos Canning Company; San Xavier
Fish Packing Company; la and Sea Pride Packing Corporation, Ltd.,
herein collectively called the Companies, all of Monterey, California 2
and requesting investigations and certifications of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act., On December 30, 1938, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, and Article III,
Section 10 (c) (2), of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation with
respect to each petition, and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice,
and further ordered that, for purposes of hearing, the cases be con-
solidated and that one record of the hearing be made.
On December 30, 1938, the Regional Director issued a notice of
consolidated hearing, copies of which were duly served upon the
Companies, upon Local No. 23, and upon Fish Cannery Workers
Union, Local 20986, herein called Local 20986, a labor organization
claiming to represent employees directly affected by the investigation.
Pursuant to the notice, a hearing was held on January 9, 10, and 11,
1939, at Monterey, California, before Thomas H. Kennedy, the Trial
Examiner duly designated by the Board. The Board, the Companies,
Local No. 23, and Local 20986, were represented by counsel and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence hearing on
the issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and objections
to the admission of evidence. Thereafter, briefs were filed by Local
20986 and Local No. 23. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.3
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
The Companies all operate fish-cannery and reduction plants at
or in the vicinity of Monterey, California.4 This proceeding con-
is This name was incorrectly spelled Zav;er in the petition
s Hovden Food Products Coipoiation operates a reduction plant at moss Landing, Monte-
rey County, California, in conjunction with its plant in Monterey. Moss L andi_ng is
approximately 20 miles distant fiom the city of Monterey
'A number of the Trial Examiners rulings which excluded testimony offered by the
labor organizations and the Companies were clearly erroneous, although not prejudicial to
their interests.
4 See footnote 2, supra.
DECISIONS AND ORDERS 1493
terns only the Companies' employees at Monterey and Moss Landing.
At these plants fish purchased from fishing-boat owners are either-
canned or reduced to fish meal- and oil. Of the fish so purchased,
a substantial part is caught outside the territorial waters of the State
of California. The following tables show the distribution of the
various products of each of the Companies except California Packing
Company : -
Canned fish - -
Company Year Total cases Total value Infornia
Cali- In other
States
In for-
eign
countries
Percent Percent Percent
Hoyden Fish Products Corp_________
1937
1938
125,000
105, 000
$275,000
235, 000
5
5
45
45
50
50
F. E. Booth Co , Inc________________ (
1937-8
tl 1938
44,761
28 , 425
129, 000
86 , 000
10
10
10
10
80
80
San Xavier Fish Packing Co_________ 1
1937-8
l 1938
65, 000
48,000
162 , 500
108,000
2
2
58
58
40
40
Sea Pride Packing Corp , Ltd_______ f
1936-7
l 1937-8
81,218
108,376
306 , 841
221,561
20
20
60
60
20
20
Monterey Canning Co _______________ 1
1937-8
t 1938
62,635
47,829
161,974
123,685
6
6
52
52
42
42
E. B. (}rocs Canning Co_____________ J 1937-8l 1938 '
78,020
62, 962
226,909
169, 743
i
J 2 6 92
Custom House Parkin Corp--------g p -{ 1938 25,20058,750 49, 500128,000 22 1515 8383
San Carlos Canning Co______________
l
1937-8
l 1938
110,937
125, 000
251 , 239
275,000
1
1
24
24
75
75
-
Del Mar Canning Co________________ { 119388 124, 313 367, 840 17 58 25
Carmel Canning Co------------------ 1937-81938
44, 153
29, 350
123 , 847
76,313
5
5
873-4
8734
738.
73-4
Fish meal
Company Year Tons Value WithinCalifornia
In other
States
Percent Percent
Hoyden Food Products Corp
f 1937
1938
4,000
2, 900
$140,000
100 , 000
90
90
10
- 10
F. E. Booth Co ., Inc________________ ____________
1937-8
1938
904
865
38,000
37,000
95
95
5
5
San Xavier Fish Packing Co
1937-8
{
1,250 50,000 80 20___________________ _ 1938 1,257 45, 250 80 20
Sea Pride Packing Corp., Ltd____________________ -f 1936-71937-8
1,888
1,200
81,227
51,600
75
75
25
25
Monterey Canning Co___________________________ J 1937-81938
766
1 , 499
25,278
49, 467
78
78
22
22
Gross Canning CoE B 1937-8 1,184 43,925 91 9. . __________________________ l 1938l 2, 486 90, 942 91 9
Custom House Packing Corpg
1937-8 498 17 , 925 20 80
°""'°°'° °'"" 1938 1,628 63,000 20 80
San Carlos Canning Cc 1937-8 1,895 71,047 40 60___________________________ 1938 3 , 500 115,000 40 60
Del Mar Canning Cc 1937-8 1,817 68,282 100 __________------------------------- ---- 1938 2,580 100,987 100 __________
Carmel Canning Co______________________________ 1937-8 751Y4 22, 197 85 151938 1 , 007 25, 100 85 15
147841-39-vol. 10-95
1494 NATIONAL LABOR RELATIONS BOARD
Fish oil
Company Year Gallons Value
Within
California
In other
States
Percent Percent
Hoyden Food Products Corp ___________________
1937
1938
700, 000
575,000
$190, 000
150, 000
80
80
20
20
F. E. Booth Co , Inc__________________ ---------
f 1937-8
l -1038
1.55,000
155, 000
61,000
46, 500
10
10
90
90
1937-8 230 000 95 000 40 60
San Xavier Fish Packing Co___________________ 1938
,
230, 000
,
95, 000 40 60
Sea Pride Packin g Corp , Ltd __________________
193E-7
1937-9
372,258
255, 183
111,677
63 , 796
70
70
30
30
Monterey Canning Co _________________________
J 1937-8
1938
156,141
287 784
48,404
89 21 3
64
64
36
36
E B. Gross Canning Co _____________ _ --------
J 1937-8
1938
,
226 350
475, 995
.
94 , 783
131, 3
16
16
63
63
37
37
Custom House Packing Co_____________________ F
197-8
19988
90,950
275 , 200
37,844
79, 800
60
60
40
40
San Carlos Canning Co _________________________ {
1137-8
1938
377,490
775,000
105 , 249
190,000
50
50
50
50
Del Mar Canning Co___________________________ ( 1937-81938
478, 020
478,020
140 , 777
140,777
59
59
41
41
Carmel Canning Co____________________________
1937-8
1938
152,587
211 , 733
54,345
59,038
25
25
75
75
During the period from March 1, 1937, to December 31, 1938, Cali-
fornia Packing Company purchased fish, cans, labels, and bags val-
ued at $673,885. Of the fish canned by this company during the
same period approximately 7 per cent was sold and delivered to
purchasers within the State of California, 65 per .cent to purchasers
-in other States, and 28 per cent to purchasers in foreign countries.
Of the fish oil and -meal produced by this company during this
period approximately 22 per cent was sold and delivered to pur-.
chasers within the State of California'and 78 per cent to purchasers
in other States.
II. THE ORGANIZATIONS INVOLVED
Monterey Bay Area Fish Workers Union No. 23, is a labor or-
ganization chartered by the United Fishermen's Union of the Pacific
and affiliated with the Congress of Industrial. Organizations, ad-
mitting to membership all employees of the Companies who work
at Monterey or Moss Landing, excluding teamsters, watchmen, nurses,
and supervisory, office, and clerical employees.
Fish Cannery Workers Union, Local 20986, is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership all employees of the Companies who work at Monterey
or Moss Landing, excluding office workers and clerical and super-
visory employees. -
III. THE QUESTION CONCERNING REPRESENTATION
On August 22, 1937, the Companies separately signed a contract
with Local 20986 providing for a preferential shop and establishing
wages, hours, and other working conditions for the cannery workers
DECISIONS AND ORDERS 1495
employed by each of the Companies. Although not specifically ex-
pressed, it is apparent from the terms of the contract that each com-
pany recognized Local 20986 as the exclusive bargaining representa-
tive for its employees. There was testimony at the hearing that at
the time the contract was executed Local 20986 had approximately
1,000 members. There was no evidence, however, that this member-
ship constituted a majority of the employees of any one of the Com-
panies or of all of them. The contract by its terms was to last
until August 1, 1938, and from year to year thereafter unless ter-
minated by notice of either party prior to May 1 of any year. No
such notice of termination was given in 1938 and the Companies are
at present operating under the terms of the contract.
On September 28, 1938, United Fishermen's Union of the Pacific
granted a charter to Local No. 23 which during the next few weeks
conducted an organizational drive among the employees of the Com-
panies. On November 14, 1938, Local No. 23 sent a letter to each
company requesting recognition "as the collective bargaining agency
for your cannery and reduction worker employees, so that we may
enter into negotiations." None of the Companies replied to this let-
ter. On November 21, 1938, Local No. 23 called a strike in all plants
of the Companies. The strike was still in progress at the time of
the hearing, and the Companies were operating on reduced schedules.
Local 20986 contends that no questions concerning representation
have arisen for the reason that each of the Companies is bound by
the August 1937 contract, as automatically extended in August 1938,
to recognize, Local 20986 until August 1939 as the exclusive bar-
gaining representative of its employees. We need not determine
whether Local 20986 represented a majority of the respective em-
ployees in August 1938 when the contract was renewed. The record
shows that the operations of the Companies are seasonal, extending
from August of each year to February of the following year. Thus
the present season will terminate on February 15, 1939, when a sub-
stantial number of the employees will leave Monterey to seek em-
ployment elsewhere until the beginning of the next season in August
1939. It is therefore apparent that for all practical purposes the
contract relied upon by Local 20986 will cease to be effective after
February 15 unless renewed for the next season. It is equally clear
that the petitions of Local No. 23 merely raise questions concerning
the representation of employees for the next season. Under the cir-
cumstances, the contract presents no bar to the present proceeding.5
We find that questions have arisen concerning representation of
employees of the Companies.
5 See Matter of Utica Knitting Company and American Federation of Labor, Local No.
21500, 8 N. L R B 783, and Matter of Quality Furniture Mfq. Company and United Fur-
niture Workers of America, Local .576, C 1. 0 , 8 N. L. R B 850
1496 NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen , occurring in connection with the operations of the Companies
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
between foreign countries and the State of California, and tend to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
Local No. 23 claims that the employees of each company, with cer-
tain exclusions discussed below, constitute a separate unit appropriate
for the purposes of collective bargaining. Local 20986, on the other
hand, contends that the employees of all the Companies here involved
constitute a single appropriate unit.e
Local 20986 points to the characteristics of employment and the his-
tory of collective bargaining with the Companies in support of its
contention for the larger unit. Neither of these factors, however, war-
rants such determination. Although the employees in the industry
constantly shift from one company to another during the course of a
season as the operations of a particular company, fluctuate, this inter-
change of employees is not effectuated by any plan of Local 20986 or
through any common agency of the Companies. Each of the Com-
panies hires its own employees as the conditions of its business require.
Furthermore, the fact that every worker is. potentially an employee of
each company is alone insufficient- to justify the determination of a
unit coextensive with the industry at Monterey.'
Nor does the history of collective bargaining support the contention
of Local 20986. In January 1937, the predecessor of Local 20986 nego-
tiated jointly with the Companies and secured an identical agreement
from each of them. The circumstances under which the negotiations
were conducted do not appear in the record. In August 1937, as de-
scribed above, Local 20986 succeeded in negotiating a single contract
which was signed individually by each of the Companies and auto-
matically extended in August 1938. Although the negotiations which
culminated in this agreement were handled by a committee represent-
ing all the Companies, there is no evidence that the committee had
authority to bind any or all the Companies. Any uniformity in wages,
hours, and working conditions that exists in the industry at Monterey
Only one employer engaged in the industry in the Monterey area is not a party to this
proceeding.
I Matter of Aluminum Line, et al. and International Longshoremen and Warehousemen's
Union, 8 N. L. R. B. 1325.
DECISIONS' AND ORDERS 1497
has not therefore been achieved through any agent, acting for or in the
interest of all the Companies under,any delegation of authority. Thus
each of the Companies has retained to itself and has exercised direct
control over the essential employer functions. Consequently under the
circumstances present in this case, and within the limitations of the
Act, we are unable to fix a single unit embracing the employees of all
the Companies." We find that separate units consisting of employees
of each of the Companies are appropriate for the purposes of collective
bargaining and we shall accordingly establish such units.
Local No. 23 would exclude from the appropriate units those em-
ployees classified as teamsters, watchmen, office and clerical workers,
nurses, maintenance men, foremen, foreladies, assistant foremen, and
assistant foreladies., Local 20986 would exclude only office and clerical
workers, watchmen who hold commissions as deputies from Monterey,
and supervisory employees who have the power to hire and discharge.
Teamsters: Although teamsters were covered by the August 1937
agreement between the Companies and Local 20986, there is evidence
in the record that these employees are eligible for membership in a
teamsters union affiliated with the American Federation of Labor
and that a number of them are members of that labor organization.
They are not eligible for membership in Local No. 23. Since the
teamsters constitute a separate and well defined craft and since there
is a labor organization available through which they may exercise
their rights under the Act, we shall exclude them from the appropri-
ate units.9
Watchmen: Local 20986 would exclude from the appropriate units
only those watchmen who hold deputy commissions from the Mon-
terey police authority. It does not appear, however, that there is
any distinction between the duties of deputized and non-deputized
watchmen. We shall follow our usual practice where one of the
labor organizations involved desires their exclusion and we shall
exclude all watchmen from the appropriate units.10
Nurses: Although Local 20986 has bargained for nurses and they
are covered by the August 1937 agreement with the Companies, it
is clear that these employees have little in common with the other
8 See Matter of Aluminum Line, at at. and International Longshoremen and Warehouse-
men's Union, 8 N L R. B. 1325 ; and compare Matter of Shipowners Association of the
Pacific Coast et at. and International Longshoremens and Warehouseinens Union, Dis-
trict No. 1, 7 N. L. R. B. 1002; Matter of Monon Stone Company et at and Quarry Work-
ers International Union of North America , 10 N. L. R B 64 ; Matter of Admvar Rubber
Company et at. and American Federation of Labor on behalf of Employees of the Company,
9 N L. R B 407
9 See Matter of Bishop & Company , Inc. and United Cracker, Bakery , & Confectionery
Workers, Local Industrial Union No. 212, 4 N. L R. B 514 ; Matter of Armour & Company
and Amalgamated Meat Cutters and Butcher Workmen of North America, Local No 235,
10 N. L . It. B. 912.
10 See Matter of Armour & Company and Amalgamated Meat Cutters and Butcher Work-
men of North America , Local No. 235, 10 N . L. It. B. 912.
1498 NATIONAL LABOR RELATIONS BOARD
employees in respect to rates of pay, hours of employment, or other
problems of hire and tenure of employment. We shall therefore
exclude nurses from the appropriate units."
Maintenance men: At the hearing the term "maintenance men"
was applied to, a small group of employees who engage in making
carpentry, electrical, and mechanical repairs in the plants. The term
did not apparently include other employees who are engaged in
maintenance work in the plants and who all parties are agreed
should be included within the appropriate units. Local No. 23, which
would exclude this small group of employees defined above, admits
them to membership, as does Local 20986, which desires their inclu-
sion. Local No. 23 offers no convincing reason for their exclusion.
We shall include all maintenance men in the appropriate units.
Supervisory employees: Local No. 23 desires the exclusion of all
executives, foremen, foreladies, assistant foremen, and assistant fore-
ladies. Local 20986 would exclude from the units only those classes
of supervisory employees who have the power to hire and discharge.
We shall follow our usual practice in cases where one of the labor
organizations desires their exclusion and shall exclude from the
appropriate units all the above-classified supervisory employees,
whether or not they possess the power to hire and discharge.12
We find that all the employees of each of the Companies who work
at Monterey,13 including all maintenance men but excluding all
watchmen, teamsters, nurses, office and clerical employees, executives,
foremen, foreladies, assistant foremen, and assistant foreladies, con-
stitute separate units appropriate for the purposes of collective
bargaining and that said units will insure to employees of each of
the Companies, respectively, the full benefit of their right to self-
organization and collective bargaining and otherwise effectuate the
policies of the Act.
VII. THE DETERMINATION OF REPRESENTATIVES
A substantial number of the employees in the appropriate units
have signed cards authorizing Local No. 23 to represent them for the
purposes of collective bargaining. An even larger number of em-
ployees have signed such authorization cards for Local 20986. Al-
though all the above-mentioned cards were received in evidence, a
considerable number of those introduced by Local No. 23 were not
properly authenticated. Furthermore, it is impossible, on the basis
ll See Matter of Westinghouse Airbrake Company and Railway Equipment Workers,
Local No 610, 4 N. L R B 403
12 See Matter of The Kinnear Manufacturing Company and Steel Workers Organizing
Committee af/tilaated with the Committee for Industrial Organization, 4 N. L R. B. 773.
12 The interested parties are agreed and we find that such employees at the Moss Landing
reduction plant of Hovden Food Products Corporation shall be included in the appropriate
unit along with the employees of that company at Monterey.
-DECISIONS AND ORDERS 1499
of the pay-roll - records introduced in evidence, to determine which
of the contending labor organizations represents a majority of the
employees in any of the appropriate units.14 We find that elections
by secret ballot will best resolve the questions concerning repre-
sentation.
VIII. THE CONDUCT OF THE ELECTIONS
At the hearing Local No. 23 and Local 20986 differed as to who
'should be eligible to vote in the event that the Board should deter-
mine to order elections. The former union contended that any per-
son in the appropriate unit who was employed for a period of at
least 24 hours by any of the Companies between August 1 and No-
vember 15, 1938, should be eligible to participate in the election
among the employees of the company for whom he last worked. The
latter union would limit eligibility to participate to those workers
in the appropriate units who were employed by any of the Companies
for a period of at least 12 days during the current season, such
workers to participate in the election among the employees of the
company which employed them the longest period -of time during
the season. Neither of the unions advanced any convincing reasons
for the adoption of its standard.
We shall adopt the following standard of eligibility which we
believe is both reasonable and,non-prejudicial to the interests of any
of the parties : All workers in the appropriate units who were em-
ployed by one or more of the Companies on six days during the pe-
riod from August 1, 1938, to January 31, 1939, shall be eligible to
participate in the elections. Each worker shall participate with
the employees of the company which employed him on the greatest
number of days during the afore-mentioned period. In the event
,that a worker has been employed on the same number of days by
two or more of the Companies, he shall participate with the em-
ployees of the company which last employed him. Any period of
time described above shall be computed by days; the number of hours
of employment per day shall not be considered.
Upon the basis of the above findings of fact and upon the entire
record in the cases, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees who work at Monterey and Moss Landing of
F. E. Booth Company, Inc., California Packing Corporation, Carmel
Canning Company, Custom House Packing Corporation, Del Mar
u Many of the signatures on the cards submitted by Local 20986 were admittedly ob-
tained either with the aid and assistance of supervisory employees or on company time
and property We cannot therefore consider these cards as reflective of the unfettered
choice of the employees.
1500 NATIONAL LABOR - RELATIONS BOARD
Canning Company , E. B. Gross Canning Company , Hovden Food
Products Corporation, Monterey Canning Company , San Carlos Can-
ning Company , San Xavier Fish Packing Company , Sea Pride Pack-
ing Corporation , Ltd., respectively , within the meaning of Sections
9 (c) and 2 ( 6) and (7) of the National Labor Relations Act.
2. The employees of each of the above companies who work at
Monterey and Moss Landing, including all maintenance men but ex-
cluding all watchmen, teamsters , nurses, office, and clerical employees,
executives , foremen, , foreladies , assistant foremen, and assistant fore-
ladies constitute units appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended , it is hereby
DIRECTED that , as part of the investigations authorized by the
Board to ascertain representatives of employees at Monterey and
Moss Landing 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, Sea Pride Packing Corporation, Ltd., for the purposes of
collective bargaining , separate elections by secret ballot shall be con-
ducted within fifteen ( 15) days from the date of this Direction,
under the direction and supervision of the Regional Director for
the Twentieth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations , and in accordance with the principles
enunciated in Section VIII of this Decision , among the employees
of each of the above companies respectively , 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, to
determine whether they desire to be represented by Monterey Bay
Area Fish Workers Union No. 23 , affiliated with the Congress of
Industrial Organizations , or by Cannery Workers Union , Local No.
20986, affiliated with the American Federation of Labor, for the
purposes of collective bargaining , or by neither.
MR. DONALD WAKEFIELD SMITH took no'part in the consideration of
the above Decision and Direction of Elections.