Friday Harbor Canning Co.

National Labor Relations Board - Board Decisions

Oct 11, 1939

15 N.L.R.B. 1039 (N.L.R.B. 1939)

In the Matter Of FRIDAY HARBOR CANNING COMPANY, A CORPORATION
and CANNERY WORKERS UNION LOCAL 20754, A. F. OF L.
Ca$e No. R-1535.-Decided October 11, 1939
Salmon. Cann ing 1ndnstrgInvestigation: of Representatives: controversy con-
cerning representation of employees : employer's refusal to grant recognition of
Union ; contract for members only, no bar to-Unit Appropriate for Collective
.Bargaining: all employees engaged in handling, processing , and canning fish,
including those engaged in the warehousing of the finished product , but exclud-
ing executives , office employees , supervisory officials , tenders, and machinists-
Electian Ordered
Mr. Patrick H. Walker, for the Board.
M11 r. Sam R. Buck, of Friday Harbor, Wash., for the Company.
Mr. L. Presley Gill, of Seattle, Wash., for Local 20754.
Mr. Guilford Moe, of Bellingham, Wash., for the I. A. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 1, 1939, Cannery Workers and Farm Laborers Union,
Local 20754,1 herein called Local 20754, filed with the Regional Direc-
tor for the Nineteenth Region (Seattle, Washington) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Friday Harbor Canning Com-
pany, Friday Harbor, Washington, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On August 9, 1939, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, ordered an investiga-
tion and authorized the Regional Director to. conduct it and to pro-
vide for an appropriate hearing upon due notice.
1 Incorrectly designated Cannery Workers Union Local 20754, A. F. of L., in the formal
papers. This was corrected by motion at the hearing.
15 N. L. R. B., No. 115.
1039
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 22, 1939, the Regional Director issued a notice of hear-
copies of which were duly served upon the Company, upon Local
20754, and upon Cannery Workers Local No. 19, United Fishermen
of the Pacific, herein called Local 19, a labor organization claiming
to represent employees directly affected by the investigation. Pur-
suant to the notice, a hearing was held on August 31, 1939, at Friday
Harbor, Washington; before William M. Hepburn, the Trial Exam-
iner drily designated by the Board. The Board, the Company, and
Local 20754 were represented by counsel and International Associa-
tion of Machinists, herein called the I. A. Al., a labor organizii.tion
claiming-to represent employees directly affected by the investigation,
by its representative,' and all participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce, evidence bearing on the issues'^ was afforded all parties.
Although Local 19 did not make a formal appearance in the pro-
ceedings, its secretary appeared as a witness and claimed that Local
19 represented a substantial number of the employees involved. Dur-
ing the course of the bearing the Trial Examiner made several rulings
on motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby,
affirmed .
On September 18, 1939, Local 19 filed a Motion to Reopen Hearing.
It is not necessary to consider this motion for by its terms it is to be
disregarded in the event.that the Board determines an.ebeetion to be
necessary. The Board so finds in Section VI, infra.
TJpon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Washington corporation engaged in the busi-
ness of canning salmon. It maintains its plant in Friday Harbor,
on San Juan Island, off the coast of Washington. All of the packing
materials used by the Company are shipped to it by merchant vessels
from the Pacific Coast. In 1938 the. Company packed 38,000 cases of
salmon, all of which were shipped to States other than Washington
and to foreign countries.
II. THE ORGANIZATIONS INVOLVED
Cannery Workers and Farm Laborers Union, Local 20754, is a
labor organization affiliated with the American Federation of Labor.
It admits to membership all employees of the Company engaged in
2 The I. A. M. did not formally intervene in the proceedings.
FRIDAY HARBOR CANNING COMPANY 1041
handling, processing, and canning fish, including those engaged in
the. warehousing of the finished product, but excluding executives,
office employees, supervisory officials, tenders, and machinists.
International Association of Machinists, Local 239, is a labor or-
ganization affiliated with the American Federation of Labor. It ad-
mits to membership machinists employed by the Company. '
Cannery Workers Local 19 of the United Fishermen of the Pacific
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership the same classes of employees
of the Company as Local 20754.
Ill. TH E, QUESTION CONCERNING REPRESENTATION
On July 19, 1938, Local 20754 and Local 19 entered into a contract
with the Company on behalf of their members in the Company's
plant.. The contract was to expire on May 1, 1939, with the further
provision that it would remain in effect thereafter unless any one of
the parties thereto by 30 clays' notice should advise the other of a de-
sire to terminate it. No such notice was given.
In the latter part of June 1939, Local 20754, claiming to represent
a majority of the employees, requested the Company to bargain with
it as the exclusive representative of the employees. The Company
denied this request and stated that the afore-mentioned contract was
in force and that it would not bargain with Local 20754 or Local 19
unless and until one or the other was certified by the Board as the
exclusive representative of its employees. In view of the filing of
the petition herein, and in view of the fact that the contract recog-
nized Local 20754 and Local 19 as representatives of their members
only, the Board is not precluded from investigating or certifying
bargaining representatives for the purposes of collective hargaining.3
We find that a question has arisen concerniig representation of
employees of the Company.
IV. TAE EFFECT OF TI1E QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the, question concerning representation which has
arisen, occurring in connection with 'tbe operations of the Company
described iii Section I above, has a . close,- intimate, and' substantial
relation to trade, traffic, and commerce among the several States and
tends to lead. to labor disputes burdening and obstructing commerce
and the free flow of commerce.
'See Matter of National Can Co . and Steel 117or9;ers Orc/ani.--inyj Committee Lodge,
No. 1N ;0, 13 N. L. R. B . 1242..
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
Local 20754 urges that all the employees of the Company engaged
in handling , processing, and canning fish, including those engaged in
the warehousing of the finished product, but excluding executives,
office employees, supervisory officials, tenders, and machinists, con-
stitute a unit appropriate for the purposes of collective bargaining..
The Company has no objection to this unit.
The .1. A. M. urges that the machinists be excluded from the unit
and introduced in evidence a contract with the Company covering
these employees. There was also evidence that the tenders were
covered by a separate contract between the Company and a labor
organization.
We find that all the employees of the Company engaged in handling,
processing , and canning fish, including those engaged in the ware=
housing of the finished product, but excluding executives, office em-
ployees, supervisory officials, tenders, and: machinists, constitute a
unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
V L THE DETERMINATION OF REPRESENTATIVES
The Company introduced in evidence its pay roll for the 1937 and
1938 seasons containing the names of 221 employees in the appropriate
unit. In support of its claim for certification, Local 20754 offered
evidence which tended to show that it represents a majority of the elli-
ployees in the appropriate unit. For the reasons stated in Matter Of
Arrnour tt Cornpaoay 4 and [Platter of The Cudahy Packing Company,'
however, we find that the question concerning representation can best
be resolved by means of an election by secret ballot. The member-
ship agreement which Local 19 has with the Company as well as the
testimony of the secretary of that labor organization show that Local
19 represents a substantial number of the: employees in the appro-
priate unit. We shall therefore accord it a, place on the ballot.
As stated above, the Company introduced in evidence its payroll
for the 1937 and 1938 seasons. Local 20754 requests that in the
event an election is directed, the employees on the pay roll for the
1938 season and those employees on the 1939 pay roll whose names
do not appear on the 1938 pay roll be deemed eligible to participate
4 Matter of Armour d Company and United Packinghouse Workers, Local Industrial
Union No. 13 of Packinghouse Workers Organizing Committee, affiliated with C. 1. 0., 13
N. L. R. U. 567.
a Matter of The Cudahy Packing Company and United Packinghouse Workers of .Inier-
Ica, Local No . 21, of the Packinghouse Workers Organizing Committee , affiliated with the
Congress of Induatrial Organizations , 13 N. L. R. B. 526.
FRIDAY HARBOR CANNING COMPANY 1043
therein. There appears to be no reason, however, why the pay roll
of the current season should not be used to determine the eligibility
of employees to participate in the election and we shall adopt it for
the purposes of the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Friday Harbor Canning Company, Friday
Harbor, Washington, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. The employees of the Company engaged in handling, processing,
and canning fish, including those engaged in the warehousing of the
finished product, but excluding executives, office employees, super-
visory officials, tenders, and machinists, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (h) of the National Labor Relations Act.
DIRECTION OF ELECTION
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, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby .
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Friday Harbor Canning Company, Friday Harbor, Washing-
ton, an election by secret ballot shall be conducted as early as possible
but not later than thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Nineteenth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of
said Rules and Regulations, among all the employees of the Company
engaged in handling, processing, and canning fish, who are or have
been employed during the current 1939 season, including those en-
gaged in the warehousing of the finished product and employees who
have since been temporarily laid off, but excluding executives, office
employees, supervisory officials, tenders, machinists, and employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by Cannery Workers and Farm Laborers
Union, Local 20754, affiliated with the American Federation of Labor,
or by Cannery Workers Local 19 of the United Fishermen of the
Pacific, affiliated with the Congress of Industrial Organizations, for.
the purposes of collective bargaining, or by neither.