Monterey Sardine Industries, Inc.

National Labor Relations Board - Board Decisions

Aug 30, 1940

27 N.L.R.B. 30 (N.L.R.B. 1940)

In the Matter Of MONTEREY SARDINE INDUSTRIES, INC.; LUCIDO, INC.
OWNER AND OPERATOR OF TIIE VESSEL "OLYMPIC"; HORACE FERRANTE,
ANTHONY FERRANTE AND JOSEPH FERRANTE, INDIVIDUALLY, AND AS
CO-PARTNERS OPERATING THE VESSEL "NEW ADMIRAL"; A. N. LIICIDo,
INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL "ROSE MARIE";
PETER SANFILIPPO, INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL
"VIRGINIA II" 0. ENEA, INDIVIDUALLY, OWNER AND OPERATOR OF THE
VESSEL ,"ENEAS"j JAMES A. DAVID INDIVIDUALLY OWNER AND OPERATOR
OF THE VESSEL "EL PADRE"; DOMINIC NAPOLI, INDIVIDUALLY, OWNERe
AND OPERATOR OF TIIE VESSEL "RANGER" ^ GAETANO COMPAGNO AND BEN-
EDETTO COMPAGNO, INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE
VESSEL "LITTLE FLOWER"' CASINO BRUNO, INDIVIDUALLY, OWNER AND.
OPERATOR OF THE VESSEL "ST. ANTI-IONY" SEBASTIAN SOLLI:CITO AND
ANTONIO SOLLECITO, INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE-
VESSEL "NEW ROMA"; JOE SPADAROj INDIVIDUALLY, OWNER AND OPER-
ATOR OF THE VESSEL "MARETTIMO"'; JOSEPH CUSENZA, INDIVIDUALLY,
OWNER AND OPERATOR OF THE VESSEL "ST. JOSEPH" j HORACE E. BALBO,
SALVATORE BALBO, JACK BALBO, LEONARD PIAZZA, HORACE CARDI-
NALLI, PETER J. FERRANTE, JOE FERRANTE,'AND HORACE CAVALIERI,
INDIVIDUALLY, AND ,AS CO-PARTNERS OPERATING THE VESSEL "CITY OF
MONTEREY"; SAVERIO LONERO, INDIVIDUALLY, OWNER AND OPERATOR
OF THE VESSEL "NORTH STAR"; ANGELO LUCIDO AND ANTONIO NUOVO,
INDIVIDUALLY AND AS CO-PARTNERS OPERATING THE VESSEL "SHERMAN
ROSE"; FRANK- SPADARO, INDIVIDUALLY, OWNER AND OPERATOR OF THE
VESSEL "EL CAPITAN"; S. FERRANTE, MAMIE FERRANTE, M. BILLECI,
J. V. CRIVELLO, GIUSEPPE LUCIDO, PAOLO CUTINO, INDIVIDUALLY, AND
AS CO-PARTNERS- OPERATING THE VESSEL "VITTORIA"; SALVATORE VEN-
TIMIGLIA AND MARIANO TORRENTE, INDIVIDUALLY AND AS CO-PARTNERS
OPERATING THE VESSEL "NEW REX"; PETER MAIORANA, INDIVIDUALLY,
OWNER AND OPERATOR OF THE VESSEL "DIANA", E. S. LUCIDO, A. E. Lu-
CIDO, SALVATORE LUCIDO AND FRANK LUCIDO, INDIVIDUALLY, AND AS CO-
PARTNERS OPERATING THE VESSEL "SERRA"; ERASIMO AIELLO, NINO
AIELLO, HORACE BRUNO, VINCENT BRUNO, STEVE BRUNO,. ROSARIO
FLORES, ANTONIO COMPAGNO AND FANNIE VILAR7 INDIVIDUALLY, AND AS
CO-PARTNERS OPERATING THE VESSEL "CALIFORNIA ROSE"; J. G. CRIVEL-
LO, SALVATORE Russo, JOSEPH RUSSO, AND MIKE LUCIDO, INDIVIDUALLY,
AND AS CO-PARTNERS OPERATING THE VESSEL "SEA LION"; CARDINALLI
COMPANY, INC. OWNER AND OPERATOR OF THE VESSEL "SANTA LUCIA";
NEW SATURNIA COMPANY, INC., OWNER AND OPERATOR OF THE VESSEL
27 N. L. R. B., No. 5.
30
MONTEREY SARDINE INDUSTRIES, INC. 31
"NEW SATURNIA" MARIE JOAN- COMPANY, INC., OWNER AND OPERATOR
OF THE ..VESSEL "MARIE JOAN"; JOE GIAMONA, HORACE GIAMONA, AND
JOHN GIAMONA, -*INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE
VESSEL "WESTERN MAID" ; RAOUL BRUNO, TOM DIMAGGI0, AND JOHN
Russo, INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL
',STAR OF MONTEREY" ;. GALICIA COMPANY, INC., OWNER AND OPERATOR
OF. THE : 'VESSEL "GALICIA" ; JOHN GRADIS, INDIVIDUALLY OWNER AND
'OPERATOR OF THE VESSEL "SEA GIANT" SALVATORE VENTIMIGLIA AND
;'.GIOVANNI _GRAMMETICO, INDIVIDUALLY, AND AS COPARTNERS OPERAT-
ING THE VESSEL "SUNMAID" j ROBIN -COMPANY , INC., OWNER AND
.'OPERATOR OF THE VESSEL "ROBIN"; SCARDINA COMPANY, INC. AND
::.ANTHONY MARTINOLICH, OWNERS AND OPERATORS OF TIIE VESSEL
". "STELLA MARIS" ; GIUSEPPE ALIOTTI AND JOHN ALIOTTI, INDIVIDUALLY,
":AND:AS , CO-PARTNERS OPERATING THE VESSEL "JACKIE BOY."; AIELLO-
BRUNO, INC., OWNER AND OPERATOR OF THE VESSEL "PRCGRESS " ; S. G.,
GIUSEPPE FISHING CORPORATION, OWNER AND OPERATOR OF THIS VES-
SEL "S. G. GIUSEPPE'"_ ; SAN VITO, INC.) OWNER AND OPERATOR OF THE
VESSEL "SAN VITO"; S. Russo, INDIVIDUALLY, OWNER AND . OPERATOR
',OF' THE VESSEL "WESTERN STAR" ; MARTIN PETRICK AND TONY, BERRY,
INDIVIDUALLY AND AS CO-PARTNERS OPERATING TIIE VESSEL "WESTERN
`FLYER" ; ANTHONY MARTINOLICII, CARL AIELLO AND .PETER J. FER-
RANTE, _ INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL
"EL CORTEZ" ; . OCEANIA FISH , PRODUCTS COMPANY OWNER AND-
OPERATOR OF- THE VESSEL " OCEANIA"; SALVATORE MAIORANA, INDI-
VIDUALLY, OWNER AND OPERATOR OF THE VESSEL "TWIN BROS. "'; SANTA
ROSA, INC., OWNER AND OPERATOR OF THE VESSEL "SANTA ROSA" j
SALVATORE VENTIMIGLIA, INDIVIDUALLY, OWNER AND OPERATOR OF THE
VESSEL "NEW HOPE" ;. JOHN SPADARO, INDIVIDUALLY , OWNER AND
OPERATOR OF THE ' VESSEL "LINA V" ; SAM LONERO, INDIVIDUALLY,
OWNER AND OPERATOR OF THE VESSEL "PACIFIC STAR" ; CUTINO BROS.)
INC., OWNER AND OPERATOR OF ' TIIE VESSEL "CUTINO BROS ." ; JOHN
MINEO AND. FRANK MIMEO, INDIVIDUALLY AND AS CO-PARTNERS
OPERATING THE VESSEL "ANADIR" ANGELO MAIORANA, INDIVIDUALLY,
OWNER AND OPERATOR OF THE VESSEL "Dux" ; MATTED AIELIO AND
JOE RAPPA , INDIVIDUALLY, AND AS CO -PARTNERS OPERATING THE VESSEL
"AMERICAN ROSE " PHYLIS COMPANY, INC.) OWNER AND OPERATOR
OF THE VESSEL . "PHYLIS" ; SAL COLLETTO, INDIVIDUALLY, OWNER AND
OPERATOR OF THE VESSEL "DANTE ALIGHIERI " ; GAETANO COMPAGNO
AND BENEDETTO COMPAGNO, INDIVIDUALLY , AND AS CO -PARTNERS
OPERATING THE, VESSEL . "SAN GIOVANNI " JAMES A. DAVI, ANTHONY
MARTINOLICH AND PETER J. FERRANTE, INDIVIDUALLY , AND AS CO-
PARTNERS OPERATING THE VESSEL "ST. JAMES" ; TONY BALESTERI AND
SAMUEL BALESTERI, INDIVIDUALLY AND AS CO -PARTNERS OPERATING
THE VESSEL "CALIFORNIA BEAR"; HORACE MERCURIO, JACK CAMPO,.
32. DECISIONS OF NATIONAL LABOR RELATIONS- BOARD
PAUL ORLANDO AND NINO BILLECI, INDIVIDUALLY, AND AS CO -PARTNERS
OPERATING THE VESSEL "EL REY"; JUANITA COMPANY, INC., OWNER
AND OPERATOR OF THE VESSEL "JUANITA" ; JOE FERRANTE , FRANK .
FERRANTE , VINCENT FERRANTE , HORACE FERRANTE AND NINO
FERRANTE , INDIVIDUALLY , AND AS CO-PARTNERS OPERATING THE'' VESSEL
"SEA QUEEN"; JOSEPH CUSENZA , INDIVIDUALLY , OWNER AND OPERATOR
OF THE VESSEL " OLD TIDIER" ; PAOLO SOLLAZZO ' AND .FRANK " BRUNO,
INDIVIDUALLY, AND AS CO-PARTNERS OFERATING III],'. VESSEL "ARDITO"
JOE ZERILLI , C. CIARIAMATORI , C. PALMA, GIOVANNI COMPAGNO AND
JOI-IN LASALA, INDIVIDUALLY, AND AS CO-PARTNERS OPERATING' THE
VESSEL "SANTA RITA" ; S. RUCCELLO , SAM BILLECI , AND S. SAIA,
INDIVIDUALLY , AND AS CO-PARTNERS OPERATING THE VESSEL "BELLE
HAVEN" ; JOHN MINEO AND FRANK MINEO, INDIVIDUALLY , ' AND AS
CO-PARTNERS OPERATING THE VESSEL "MINEO BROS ." ; Riso COMPANY,
INC. AND ANTHONY MARTINOLICH ,' OWNERS AND OPERATORS OF. THE
VESSEL "BELVEDERE " ; SALVATORE DIMERCIIRIO , INTDIVIDUALLY ,c OWNER
AND OPERATOR OF THE VESSEL "REDEEMER" j NIcoLA ALIOTTI, INDI-
VIDUALLY , OWNER AND OPERATOR OF THE VESSEL "CALIFORNIA STAR" ;
SALVATORE ARANCIO, INDIVIDUALLY , OWNER AND OPERATOR OF THE
VESSEL "VIVIAN A"; JOE DIMAGGIO , INDIVIDUALLY , OWNER AND
OPERATOR OF THE VESSEL "J. DIMAGGIO" ; CAESAR AUGUSTA, A COR-
PORATION , OWNER AND OPERATOR OF THE VESSEL "CAESAR AUGUSTA";
AND ANY OTHER VESSEL WHICH MAY BEFORE THE DATE OF THE ELECTION
BE ADMITTED INTO MEMBERSHIP IN THE ASSOCIATION;, and UNITED
FISHERMEN'S UNION OF THE PACIFIC and A. F. L. SEINE & LINE
FISHERMEN 'S UNION
Case No. RE-15
AMENDMENT TO DIRECTION OF-ELECTION
August 30, 19.¢0
On August 17, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.) I. On August 29, 1940, United Fishermen's
Union of the Pacific, herein called the U. F. U., notified, the Board
that. it does not desire to participate in the election.
The Board hereby. amends its Direction of Election by striking
therefrom" the Words "they desire to be represented by United Fish-
ermen's Union of the Pacific, or by A. F. of L. Seine & Line Fisher-
men's Union, for the puiposes of collective bargaining, or by neither,"
and substituting therefor the words "or not they desire to be repre-
sented by A. F. of L. Seine &' Line Fishermen's Union for the pur-
poses of collective bargaining."
? 26 N. L. R. B. 731.
MONTEREY SARDINE INDUSTRIES, INC. 33
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
Septevtber,17,1940
On August 17, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election,' and
on August 30, 1940, an Amendment to Direction of Election in the
above-entitled proceeding. Pursuant to the Direction of Election, as
amended, an election by secret ballot was conducted on August 31,
1940, under the direction and supervision of the Regional Director
for the Twentieth Region (San Francisco, California). On Septem-
ber 4, 1940, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations -Board Rules and Regula-
tions-Series, 2, as amended, issued and duly served upon the parties
an Election Report. No objections to the conduct of the ballot or,
the Election Report have been filed by any of the parties.
As to the balloting and its, results, the Regional Director reported
as follows :
Total number eligible to vote________________________________ 737
Number of votes for A. F. of L. Seine & Line Fishermen's Union_ 525
Number of votes against A. F. of L. Seine & Line Fisher-
men's Union --------------------------------------------- -_ 46
Total number of votes counted_______________________________ 571
Number of blank ballots ----------------------------------- 1
Number of void ballots----------------------------------- 3
Number of challenged ballots -------------------------------- 14
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
l ions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that A. F. L. Seine & Line Fisherman's
Union has been designated and selected by a majority of all crew
members working on vessels owned or operated by members of
Monterey Sardine Industries, Inc., excluding one representative of
the owner or operator of each boat, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9
(a) of the National Labor Relations Act, A. F. L. Seine & Line
Fisherman's Union. is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.
126 N. L. R. B. 731.
27 N.L. R. B', No. 5a.
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