Paragon Packing Co.

National Labor Relations Board - Board Decisions

Oct 10, 1945

64 N.L.R.B. 12 (N.L.R.B. 1945)

In the Matter Of PARAGON PACI{ING COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL No. 87, AFL
Case No. 19-R-1562.-Decided October 10, 1945
Mr. Frank B. Kistner, of Astoria, Oreg., for the Company.
Mr. Henry Niemela, of Astoria, Oreg., for the C. I. O.
Mr. C. R. Owen, of Portland, Oreg., for the Operating Engineers.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Internafional Union of Operating
Engineers, Local Union No. 87, AFL, herein called the Operating
Engineers, alleging that a question affecting commerce had arisen
concerning the representation of employees of Paragon Packing Com-
,p'any, Astoria, Oregon, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Erwin A. Peterson, Trial Examiner. Said hearing
was held at Astoria, Oregon, on June 25, 1945. The Company," the
Operating Engineers, and the Columbia River Fishermen's Protec-
tive Union, C. I. 0., herein called the C. I. 0., appeared and partici-
pated. All parties were afforded, full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TTIE COILPANY
Paragon Packing Company, an Oregon corporation, is engaged in
the general fish business. The Company's main office and principal
place of business is at Astoria, Oregon, in addition to, which it also
64 N. L.R. B,No.4
- 12
PARAGON PACKING _COXIPANY 13
,maintains a processing plant at Hoquiam, Washington. Only the.
Company's Astoria operations are involved in this proceeding. The
Company employs at its Astoria plant during its peak season 'ap-
proximately 200 people. During the year 1944 the Company 's. sales
were valued in excess of $500,000, approximately 90 percent of which
represents sales and shipments to purchasers located -outside the
State of Oregon.
The Company. admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local Union No. 87,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
Columbia River Fishermen's Protective Union, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
111. THE ALLEGED APPROPRIATE UNIT
In December 1942, the Operating Engineers petitioned the Board
for certification as the exclusive bargaining representative of dll oper-
ating engineers and apprentices- employed by the Company. The
Board dismissed the ,petition upon finding that the bargaining unit
sought was inappropriate.' On April 26; 1945, the Operating En-
gineers again filed a petition with the Board requesting certification
in a bargaining unit of operating engineers. The Company contends
that the unit sought is inappropriate and also that the Company's con-
tract with the C: I. 0. constitutes a bar. In view of our finding as to
the appropriate unit, hereinafter set forth, it is unnecessary to deter-
mine the issue raised by the Company with respect to.the contract,
The Company employs five. operating engineers, one of whom occu-
pies the position of chief engineer. The operating engineers work'in
the cold storage department, operating and maintaining the Com-
pany's refrigeration equipment; they regulate and control tempera-
tures in the ice tanks and in the freezing and cold storage rooms. The
operating engineers, as a whole, are not skilled craftsmen ; 2 most
of them received-their training and experience in refrigeration
mechanics after being employed by the Company. Although the Com-
pany previously required its operating engineers to serve an appren-
ticeship of at least 6 months, it now permits them to assume the full
responsibilities of their job with no more than a single month's train-
i Matter of Paragon Packing Company , 52 N: L R B 538. `
2 The chief engineer , a skilled mechanic , is the sole person qualified to repair the plant's
refrigeration equipment.
14 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
.ing. The record also indicates that the operating engineers receive the
same rate of pay as- the cold storage workers and occasionally do repair
work, similar to that performed by other maintenance employees in'
the plant.
In the earlier proceeding, we held that the operating engineers were
not a skilled craft group entitled to recognition in a separate bargain-
ing_unit.3 The record here presents no evidence that the. duties of the
operating engineers have materially changed since that decision.
Although 'the operating engineers now devote a greater part of their
time to strictly refrigeration work,'we do not deem.this fact, by itself,
sufficient reason to warrant a reversal of our previous determina-
tion. Accordingly, we find that the bargaining unit sought by, the
Operating Engineers is inappropriate for, the purposes of collective
bargaining.
IV. THE ALLEGED 'QUESTION CONCERNING REPRTSENTATION
Since, as we have held in Section III, above, the unit sought by the
Operating Engineers is' inappropriate for the purposes of collective
bargaining, we find that no question affecting commerce has arisen
concerning.the representation of employees of the 'Company within
the meaning of Section 9 (c) of the National Labor Relations Act. We
shall, therefore, dismiss the petition.
ORDER
Upon the basis of the- foregoing findings of fact and the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Paragon Packing Company, Astoria, Oregon, filed
by International Union of Operating Engineers, Local Union No. 87,
AFL, be, and it hereby is, dismissed.
See footnote 1, supra.