Northwest Packing Co.

National Labor Relations Board - Board Decisions

Oct 11, 1945

64 N.L.R.B. 54 (N.L.R.B. 1945)

in the Matter'of NORTHWEST' PACKING Co. and CANNERY-AND FOOD'
PROCESS WORKERS UNION, C. I. O. -
In the Matter of NORTHWEST PACKING CO. and CANNERY, WORKERS
UNION, LOCAL 20707, A. F. L. and CANNERY AND FOOD PROCESS
WORKERS UNION, PORTLAND AREA
Case's Nos. 19-R-1598 and 19-RE-24, respectively.Decided
October'11, 19.45
Mr. Hy. Samuels, of Portland, Oreg., for the Company.
Mr. Harry George, of Portland, Oreg., for the CIO.
Messrs. Edwin D. Hicks and Al Verhaaf, both of Portland,, Oreg.,
for Local 20707. •
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon petitions duly filed by Cannery and' Food Process Workers
Union; C. I. 0., herein called the CIO, and by Northwest Packing Co.,
herein called the Company, alleging that a question affecting commerce
had` arisen concerning the representatioli. of 'employees of the Com
,pang, the National Labor Relatioiis Board consolidated) the cases and
provided for an appropriate hearing upon due notice before John E.
Hedrick, Trial Examiner. The hearing was held at Portland, Oregon,
on, July 27, 1944.. "-The Company, the CIO, and Cannery Workers
Union, Local 20707, A. F. of L., herein called Local 20707, appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's' rulings :made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
64 N. L. R. B, No. 11.
54 S
NORTHWEST PACKING CO..
Upon the entire record in the case, the Board makes the following:'
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Northwest Packing Co., an Oregon corporation with, its office and
plant located in Portland, Oregon, is engaged in the 'processing and
canning of fruits,and vegetables.
During the year 1944 the Company handled at its Portland plant
products valued at approximately $250,000, more than 90 percent of
which was received from local sources. During the same period the
Company produced finished products valued at, approximately
$500,000, of which approximately 90 percent was shipped from the
Company's Portland plant to points outside the State of Oregon.
v
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
II. THE ORGANIZATIONS INVOLVED
Cannery and Food Process Workers Union , affiliated with the, Con-
gress of Industrial Organizations , is a labor organization admitting
to membership employees of the Company.
Cannery Workers Union , Local 20707, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company-has refused to grant recognition to either Union as
the exclusive bargaining representative of its employees unless it is
certified by the Board in an appropriate unit.
In October or November 1941, following a consent election in which
only Local 20707 was involved, the Company recognized Local 20707
as the exclusive bargaining representative of its employees and shortly
thereafter entered into a collective bargaining agreement with that
union. Annual contracts were executed by the parties thereafter, the
last contract having been executed in 1944, covering the period. April
1, 1944 to March 1, 1945. This contract, which contains a 60-day auto-
matic,•renewal clause, was reopened by Local 20707 in a letter to the
Company dated December 28, 1944, stating that the;.union wished
"to reopen the agreement for'adjustment of wages, hours and work-
ing conditions." 'Negotiations were commenced- in January 1945 and
ended in disagreement 'on all issues under discussion, with the ,sole
exception of 'vacations. • The disputed issues; were then referred to
Conciliation Service and then to the Regional ' War' Labor Board.
56, DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
These issues included requests for a general wage increase, overtime
pay, night differentials, check-off and a most-favored-employee clause.
The Regional War Labor Board issued its Directive Order on June
21, 1945.
Meanwhile, however, on June 8, 1945, the officers of Local 20707
notified the Company that the local had voted to change its affiliation
to the Seafarers' International Union, AFL, and claimed to represent
a majority of the Company's employees., On June 12, 1945, the Com-
pany filed its petition, alleging that two labor organizations were
claiming to represent its employees. On June 28, 1945, the CIO filed
its petition for certification.2 'The Company has refused to execute the
contract finally ordered by the War Labor Board because of the un-
resolved question concerning representation.
Local 20707 contends that the contract was not terminated by its
letter, but that it was merely reopened to negotiate amendments; that
the 1944-45 contract will therefore remain in effect for another year
unless amended. The contract provides, however, that it may be
terminated by either party at any time during negotiations 3 Clearly,
therefore, the parties, at the time of the CIO claim, were operating -.
under a-contract terminable at will. Such a contract is not a bar to
a determination of represelitati^,es.4
Local 20707 also seeks , to rely upon the Allis-Chalmers doctrine.5
As we have frequently pointed out, the principle enunciated in that
decision is limited to situations where a newly certified or recognized
union has been denied a fair opportunity to demonstrate its ability
to 'obtain for its adherents the benefits of collective bargaining be=
cause of delays occasioned by its resort to the orderly processes of
other governmental agencies.e In the instant proceeding Local 20707
has been the statutory representative since 1941 and enjoyed a con-
tinuous contractual relationship with the Qompany until March 1,
1945. ' We find that the proceedings before the War Labor Board do
not bar a present determination of representatives.
I On June 12 , 1945, the Seafarers filed a petition for certification with the Board,
but on July 5, 1945, withdrew its petition. ,
2 The Company' s petition , in describing the interested parties, names "L D McLain,
Cannery and Food Process Workers Union, Portland Area." The CIO petition is signed
by L. D. McLain. Although the record is. not explicit , it is evident that the group l of
employees on whose behalf the Seafarers ' petition had been filed is the same group which
now constitutes the CIO adherents.
a In the , event that such notice [to terminate or reopen ] is given prior to March 1st as
heremabove pi ovided, and, negotiations are begun, the terms of the agreement as of the
date of such notice shall remain in full force and effect during and until the conclusions
of such negotiations or until either party gives notice to the other of the termination and
cancellation of said negotiations and agreement."
4 Matter of Fischer Lumber Co ., 62 N. L. R B. 543.
b See-Matter of Allis-Chalmers Manufacturing Company, 50 N. L. It. B. 306.
°Matter of Foster-Grant Co., Inc, 54 N. L. It. B. 802; Matter of MacClatchie Manu-
facturing Company, 53 N. L. It. B. 1268.' '
NORTHWEST PACKING CO. , 57
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em
ployees in the unit hereinafter found appropriate.,
We find that a question affecting commerce has arisen concerning
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act:
IV. THE APPROPRIATE UNIT
We find in substantial accordance with the agreement of the parties,
that all employees at the Company's Portland plant, excluding the
field man, office clerical employees, the superintendent, general fore-
man, warehouseman, head mechanic, receiving foreman, head fore-
lady, foreladies,$ and all or any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The CIO alleges that the intervening AFL federal, local no longer
exists and is hence not entitled to a place on the ballot.9 The record
shows, however, that an organization, calling itself Local 20707 and
administered by a representative of the AFL, still has dues paying
members and officers, and claims the right to administer the collec-
tive bargaining agreement. We shall accord that organization a place
on the ballot.
We- shall, direct that the question concerning representation which
has arisen be, resolved by an election 'by secret ballot among the, em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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,
' The Field Examiner reported that the CIO submitted 24 authorization cards, dated
between June 26 and July 11, 1945 , and that there are between 4 and 75 employees in the
alleged appropriate unit, depending upon the amount of food being processed.
Local 20707 relies upon its past contractual relationship with the Company to establish
Its Interest.
8 Although the Company and Local 20707 have considered the foreladies to be within
the unit, the record shows that the foreladies have plenary authority to discharge and
discipline employees in the absence of the head forelady.
9 The CIO contends that because the AFL has instructed the local to" affiliate with the
Teamsters Union these instructions automatically make the Union a local of the Teamsters,
thereby destroying the federal. In addition, the CIO claims that the AFL local ceased to
exist'when a majority voted to affiliate with the CIO.
I
'58 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
and "pursuant to-Article'III, Section 9, of National-Labor Relations
Board Rules and Regulations-Series,3, as_amended, it is hereby
DIRECTED that, as part,of the,investigation.to as representa-
tives for the purposes of collective bargaining with Northwest Pack-
ing Co.; Portland, Oregon, an election by secret ballot shall be con-
ducted 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
II, Sections 10 and 11, of said Rules and Regulations, among,the em-
ployees in the unit found appropriate in Section IV, above, who were
employed,during the pay-roll period-iininediately preceding the date
of this Direction,' including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
-laid off, and including employees in the armed forces of the United
`State"'-who 'present 'thenise'lve`s in' person ant the polls, but excluding
those employees-who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the-date of the election,
to determine whether they. desire _to_ be represented- by. Cannery and
Food Process Workers Union, C. 1 ' 6., or by Cannery Workers Union,
Local 20707,; A. F. L., for the purposes of collective bargaining, or'by
neither.