Northern Fisheries, Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1941

33 N.L.R.B. 919 (N.L.R.B. 1941)

In the Matter of NORTHERN FISHERIES , INC., and INTERNATIONAL LONG-
SHOREMEN & WAREHOUSEMEN'S UNION, LOCAL No. 1-61 (C. I. 0.)
Case No. R4,639.-Decided July 30,1941
Jurisdiction : fish canning industry.
Investigation and Certification of Representatives : existence of question: dis-
pute - as to appropriate unit ; eligibility to vote determined in accordance with
agreement of the parties ; election necessary.
Unit Appropriate for Collective Bargaining : election directed among filet wrap-
pers to determine whether or not they desire to be represented by the union
in a larger unit comprising all warehouse employees covered by a contract
with the Company.
Mr. Robert L. Condon, for the Board.
Mr. Lester O. Fore; of Ketchikan, Alaska, for the Company.
Mr. Orvel Holum, of Ketchikan, Alaska, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND'
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 19, 1941, International Longshoremen & Warehousemen's
Union, Local No. 1-61, (C. I.O.) , herein called the Union, filed with the
Regional Director for the Nineteenth Region (Seattle, Washington)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Northern Fisheries, Inc.,
Ketchikan, Alaska, herein called the Company, and requesting an inves-
tigation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On May 27, 1941, 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, Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for,an
appropriate hearing upon due notice.
On May 28, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Union, and
upon Cannery Workers Auxiliary Union, chartered by Alaska Salmon
'33 N. L . -R. B, No. "164.
919
920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Purse Seiners Union, and upon Southern Alaska Cannery Workers
Union, Local No. 237, chartered by United Cannery, Agricultural,
Packing & Allied Workers of America. On May 31,1941, the Regional
Director issued an order postponing the hearing, copies of which were
duly served upon all parties. On June 6, 1941, the Company, the
Union, and counsel for the Board entered into a stipulation. The
parties thereto waived their right to a hearing and stated that the
stipulation and exhibits attached thereto constitute the entire record
upon which the Board shall make its decision.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Northern Fisheries, Inc. is an Alaska corporation with its principal
office and place of business at Ketchikan, Alaska, where it operates
a fish warehouse. In 1940 the Company purchased raw materials val-
ued at about $10,200, all of which were shipped to it from points
outside the Territory of Alaska. During the same period, the Com-
pany packed about 9,000 cases of canned salmon and sold approxi-
mately $100,000 worth of fresh,.frozen, and salted fish, all of which
were shipped by it to points outside the Territory of Alaska.
H. THE ORGANIZATION INVOLVED
International Longshoremen & Warehousemen's Union, Local No.
1-61, is a labor organization affiliated with the Congress of Industrial
Organizations. It admits to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
In January and May 1941, the Union requested the Company to
recognize it as exclusive representative of the filet wrappers employed
by the Company. The Company denied this request, stating that it
doubted the propriety of the unit urged by, the Union. The parties
stipulated that the Union represents a substantial number of the filet
wrappers employed by the Company.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE ELECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
NORTHERN FISHERIES , INC,. 921
relation to trade, traffic, and commerce within the Territory of Alaska
and between it and the several States and tends to lead to labor disputes
burdening and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that all employees in the warehouse of the
Company, including filet wrappers, but excluding office, clerical and
supervisory employees, constitute an appropriate unit. The only dis-
pute with respect to the unit concerns the filet wrappers. The Com-
pany contends that they should be excluded from the unit of warehouse
employees, because they properly belong in a unit with its cannery
workers.
On January 1, 1941, the Company and the Union entered into an
exclusive contract covering the warehouse employees of the Company.
The Union maintains that the filet wrappers are part of the unit for
which it has already been recognized by the Company. The filet
wrappers work in the fish warehouse and all employees engaged in the
filet processes , except the wrappers, are admittedly covered by the
contract between the Union and the Company. The employees cov-
ered by the contract unload the fish from the boats, clean the fish, cut
them into filets, carry the filets to the filet wrappers, pick up the pack-
ages of filets after they have been wrapped, place such packages in the
freezing machines and prepare them for shipment. The Company
also operates a cannery at Ketchikan, Alaska. In 1940, Alaska Salmon
Industry, Inc., an employer's association of which the Company is a
member , entered into an exclusive contract with an affiliate of the
American Federation of Labor and an affiliate of the Congress of
Industrial Organizations covering the cannery employees of the Com-
pany. The filet wrappers were covered by this contract.' In May
and June 1941, respectively, the American Federation of Labor affiliate
and the Congress of Industrial Organizations affiliate, parties to the
cannery workers' contract, notified the Regional Director that they
do not claim to represent any of the filet wrappers involved herein
and do not desire to' appear on any ballot in an election among them.
The Company's cannery will not operate during the 1941 season. We
shall hold an election among the filet wrappers to determine whether
or not they desire to be represented by the Union. If a majority of
the filet wrappers vote to be represented by the Union, we shall then
certify the Union as exclusive representative of all the employees
covered by its contract with the Company, including the filet wrappers.
The Company and the Union agreed that in the event the Board
1 The parties stipulated that the provisions in this contract relating to the filet wrappers
were inserted primarily to cover employees of another company.
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
directs an election, filet wrappers eligible to vote shall be those who
were regularly employed by the Company when it was engaged in
filet work during the 3-month period preceding June 6, 1941, the date
of the stipulation.
We shall give effect -to the agreement of the parties and direct that
employees eligible to vote in the election shall be the filet wrappers
who were regularly employed by the Company when it was engaged
in filet work during the 3-month period preceding June 6, 1941.
Upon the, basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the representa-
tion of employees of Northern Fisheries, Inc., Ketchikan, Alaska,
within the meaning of Section 9 (c) and Section 2 (6) and (7) 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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Northern Fisheries, Inc., Ketchikan, Alaska, 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 filet wrappers at the Ketchikan warehouse of the Company who
were regularly employed by the Company when it was engaged in filet
work during the 3-month period preceding June 6, 1941, to determine
whether 'or not- they desire to be represented by International Long-
shoremen & Warehousemen's Union, Local No. 1-61, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.