Sebastian Stuart Fish Co.

National Labor Relations Board - Board Decisions

Nov 6, 1939

17 N.L.R.B. 352 (N.L.R.B. 1939)

In the Matter Of SEBASTIAN STUART FISH Co., A CORPN. and CANNERY
WORKERS UNION, LOCAL 21173, A. F. OF L.
In the Matter of FARWEST FISHERMEN, INC., A CORFN. and CANNERY
WORKERS UNION, LOCAL 21173, A. F. OF L.
In the Matter of ANACORTES CANNING CO., A CORPN. and CANNERY
WORKERS UNION, LOCAL 21173, A. F. OF L.
Cases Nos . R-1446, R-1447, and R-1448, respectively.Decided
November 6, 1939
Salmon and Tuna Fish Canning Industry-Investigation of Representatives:
controversy concerning representation of employees: controversy concerning
appropriate unit : contracts between each company and its member employees
in two rival labor organizations ; request to each company by each labor organ-
ization for recognition ; companies refuse recognition pending Board's de-
termination of appropriate unit and results of election ; contracts no bar-
Unit Appropriate for Collective Bargaining: separate employer units; no suffi-
cient history of collective bargaining on area-wide basis ; stipulation, all cannery
workers and warehouse employees of the Companies excluding office employees,
supervisory employees who have the authority to hire or discharge , employees
who in the -course of their duties are expected to recommend the hiring or dis-
charge of employees and machinists and machinists' helpers-Representatives:
eligibility to participate in election ; stipulation concerning eligibility date not
followed ; interchange of employees ; employees to vote in one election only and
with employees of company by which employed for the greatest number of
days during season, if same number of days by two or more companies, to
participate with employees of company with which last employed ; standard of
eligibility conformed to that used in another decision issued simultaneously
herewith-Elections Ordered
Mr. Wm. A. Babcock, for the Board.
Mr. L. Presley Gill, of Seattle, Wash., for Local 21173.
Houghton, Cluck & Coughlin by Mr. Paul Coughlin, of Seattle,
Wash., for Local 17.
Mr. Guilford Moe, of Bellingham, Wash., for the I. A. M.
Mr. Irving P. Raeder, of Seattle, Wash., for the Sebastian Stuart
Fish Co.
Mr. Fred W. Buhrman, of Seattle, Wash., for Farwest Fisher-
men, Inc.
Mr. J. F. Carroll, of Anacortes, Wash., for the Anacortes Can-
ning Co.
Mr. Frederick W. Killian, of counsel to the Board.
17 N. L. R. B., No. 19.
352
SEBASTIAN STUART FISH COMPANY 353
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On June 12, 1939, Cannery Workers Union, Local 21173, American
Federation of Labor, herein called Local 21173, filed with the Regional
Director for the Nineteenth Region (Seattle, Washington) three
separate petitions, alleging that questions affecting commerce had
arisen concerning the representation of employees, respectively, of
Sebastian Stuart Fish Co., Farwest Fishermen, Inc., Anacortes Can-
ning Co., herein collectively called the Companies,' all of Anacortes,
Washington, and requesting investigations and certifications of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On June 29, 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 Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation with respect to each petition
and authorized the Regional Director to conduct them and to pro-
vide for appropriate hearings upon due notice.
On July 12, 1939, the Regional Director issued a notice of hearing
on each petition, and copies of each notice were duly served upon
each of the Companies, upon .Local 21173, upon Cannery Workers
Union, Anacortes Local 17, C. I. 0., herein called Local 17, upon
International Association of Machinists, herein called the I. A. M:,
the last two parties being labor organizations claiming to rep-
resent employees of each company directly affected by the investiga-
tions. Notices of postponement of hearing were thereafter issued
and duly served on the parties. Pursuant thereto, hearings were
held on July 27 and 28, 1939, in the Sebastian Company case, and on
July 28, 1939, in the Anacortes and Farwest cases at Mt. Vernon,
Washington, before A. Bruce Hunt, the Trial Examiner duly desig-
nated by the Board. The Board, Local 21173, and Local 17 were
represented by counsel and participated in each hearing. The Com-
panies, represented by officers or agents, also participated in the
hearings. The I. A. M. appeared by its agent and participated in
the hearings. Full opportunity to examine and to cross-examine
witnesses and to introduce evidence bearing on the issues was afforded
all parties.
I Sebastian Stuart Fish Co. Is hereinafter referred to as the Sebastian, Company, Ana-
cortes Canning Co., as Anacortes, and Farwest Fishermen, Inc., as Farwest.
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It was stipulated by all the parties during the Farwest and the
Anacortes hearings, the issues in the three cases under consideration
being the same, that the entire record of the Sebastian Company
hearing, the only hearing in which testimony was taken, be considered
for the purpose of deciding the issues in each of these proceedings.
It was likewise stipulated that the entire records of the Farwest and
Anacortes hearings might be considered in deciding the issues raised
in the Sebastian Company proceeding. We are disposing of all three
cases in one decision.
During the course of the hearings, the Trial Examiner made sev-.
eral rulings on motions and objections to the admission of evidence.
The Board has reviewed all rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings made during
each hearing are hereby affirmed. Local 21173 and Local 17 filed
briefs in each proceeding which the Board has duly considered.
Upon the entire records in the cases, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Sebastian Stuart Fish Co., a - Washington corporation, operates a
salmon and tuna fish cannery. The Sebastian Company also main-
tains a cannery at Tyee, Alaska, but this proceeding concerns only
the Sebastian Company's employees in Anacortes. During the years
1937 and 1938 in excess of 98 per cent of its canned salmon products
were sold and shipped out of the State of Washington. In excess of
85 per cent of its tuna is shipped out of the State of Washington.
Sales are made through the Seattle office of the Sebastian Company
which sometimes works through brokers and sometimes markets its
own products directly. The chief, raw materials used by the
Sebastian Company in its canning operations are salt and salad oil.
About 50 to 60 tons of salt are used in a season, and are shipped to
the Sebastian Company from California. The Sebastian Company
uses more than 66,000 pounds of salad oil during a season in the
preparation and canning of tuna. This oil is shipped mainly from
California although it is purchased in Seattle. During the 1938
canning season the Sebastian Company's pay roll included 174
employees.
Anacortes Canning Co., a Washington corporation, is engaged
in the business of canning and processing salmon. It operates one
plant at Anacortes, Washington. The principal raw materials used
by it are raw salmon and during 1938 it purchased raw salmon to
the value of $27,955. The gross sales of the finished product of
SEBASTIAN STUART FISH COMPANY 355
Anacortes in 1938 amounted to approximately $45,800. Both in 1937
and 1938 approximately 98 per cent of its products were sold and
:hipped to points outside the State of Washington from the Anacortes
plant. Anacortes concedes that it is engaged in interstate commerce
within the meaning of the Act. During the 1938 canning.season,
Anacortes' pay roll included 88 employees.
Farwest Fishermen, Inc., a Washington corporation, is engaged in
the business of processing and canning salmon. It operates two
plants, one located in Anacortes, Washington, the other at Wrangell,
Alaska. This ' proceeding concerns only Farwest's employees in
Anacortes. The principal raw materials used by Farwest in the
conduct of its business are tin cans, salt, and raw fish. The cans
and salt are shipped to its plant at Anacortes from various States
in the United States. The raw fish is purchased from the Puget
Sound area and its adjacent waters. During the year 1938 Farwest
purchased tin cans valued at approximately $40,853 and salt valued
at approximately $250. These materials were shipped to its plant at
Anacortes, Washington, from points outside the State of Washing-
ton. In the year 1938 Farwest canned approximately 37,184 cases of
salmon valued at approximately $230,000. In the same year its
gross sales were approximately $203,903, approximately 98 per cent of
which were sold and shipped to points outside of the State of Wash-
ington. Farwest concedes that it is engaged in interstate commerce
within the meaning of the Act. During the 1938 canning season,
Farwest's pay roll included 209 employees.
II. THE ORGANIZATIONS INVOLVED
Cannery Workers Union, Local 21173, is a labor organization
affiliated with the American Federation of Labor. It admits to
membership employees of each of the Companies.
Cannery Workers Union, Anacortes Local 17, is a labor organization
affiliated with the Congress of Industrial Organizations. It admits
to membership employees of each of the companies.
International Association of Machinists, Local 239, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of each of the Companies.
III, THE QUESTION CONCERNING REPRESENTATION
Prior to the filing of the petitions herein, the Companies refused
to' recognize either Local 21173 or Local 17 as the exclusive repre-
sentative of their employees, respectively, within any collective bar-
gaining unit and were unwilling to complete negotiations with
Local 21173, the petitioning union, until the Board had determined
356 DECISIONS OF NATIONAL :LABOR RELATIONS BOARD
the issues in these proceedings. Each Company claimed that it was
bound by a contract with both unions.
The contract referred to was executed on July 22, 1938. It pro-
vided that it "shall continue and remain in effect from the date of
signing until May 1, 1939 and if any change is desired in this agree-
ment, notice in writing must be given thirty (30) days prior to the
expiration of 'this' agreement. If no notice is given, then this agree-
ment shall continue from year to year. It is further agreed and
understood that all new agreements shall be retroactive to expira-
tion date of present agreement." By reason of this continuation
clause, the contract was in effect at the time Local 21173 filed its peti-
tions on June 12, 1939. In this contract Local 21173 and Local 17
were recognized as representatives of their member employees in each
Company. Exclusive recognition was withheld. The contract does
not constitute a bar to a present determination of representatives.'
No further contracts have been entered into.
It was stipulated that both Local 21173 and Local 17 have a sub-
stantial membership among the employees of each of the Companies
and that an election among the employees of each Company is neces-
sary to determine the question of representation.
We find that questions have arisen concerning the representation
of employees of each Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING
REPRESENTATION UPON COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of each of the
Companies described in Section I above, have a close, intimate, and
substantial relation to trade, traffic, and commerce among the sev-
eral States and between foreign countries and the State of Washing-
ton and tend to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
It is the contention of Local 21173, the petitioning union, that
there should be separate units consisting of all cannery workers and
warehouse employees at each Company's Anacortes plant, exclusive,
in each case, of (1) office employees, (2) supervisory employees who
have the authority to hire or discharge, (3) employees who in the
course of their duties are expected to recommend the hiring or dis-
a Matter of Motor Products Corporation and Local 203, International Union , United Auto-
mobile Workers of America, affiliated with the C. I. 0., 13 N. L. R. B. 1320.
SEBASTIAN STUART FISH COMPANY 357
charge of employees, (4) machinists and machinists' helpers.3 Local
17 agrees to the above-indicated exclusions, but contends that there
should be a single unit composed of cannery workers and warehouse
employees of the five canneries operating in Anacortes-the Sebastian
Stuart Fish Co., the Anacortes Canning Co., Farwest Fishermen,
'Inc., and two companies not parties to the present proceedings-
Fishermen's Packing Corporation and Western Fisheries Company,
or such of these canneries as are operating during any fishing season.
Local 21173 contends that if the separate employer units requested
by it are not found appropriate by the Board, that the only ap-
propriate unit is one consisting of 12 cannery plants situated within
a radius of 75 miles with the center at Anacortes:
Local 17 points to the characteristics of employment and to the
history of collective bargaining with the Companies in support of
its contention for the larger unit comprising the five plants in
Anacortes. Neither of these factors, however, seem to warrant such
a determination. Although the employees in the industry con-
stantly shift from one company to another during the course of the
season as the operations of particular companies fluctuate, this inter-
change of employees is not effectuated by any plan of the Locals or
by any common agency of the Companies. Each of the Companies
hires its own employees as the conditions of its business require.
The fact that every worker is potentially an employee of each com-
pany is alone insufficient to justify the determination of a unit based
upon the five companies operating at Anacortes.
Reviewing the history of collective bargaining, we fiid nothing to
support the contention of Local 17 for-the larger unit. Both in 1937
and 1938 there were negotiations between the operators and the
unions in the Puget Sound area which led to agreements in writing.
In 1938 the negotiations concluded in a contract. collectively ex-
ecuted by the Companies on July 22, 1938, 's'ometimes called the
"master agreement," and although this agreement was considered
binding by the operators, each Company, nevertheless, separately
signed an identical agreement with the same parties immediately
thereafter. A copy of this "master agreement" introduced in evi-
dence discloses that it was entered into between "Puget Sound Canned
Salmon Industries, A corporation ,4 the party of the first part here-
inafter referred to as the `Company', and each of its cannery em-
ployees signing hereto, the parties of the second part, and the United
Fishermen Union, Local No. 18 Everett-17 Anacortes an A. F. of L.
Union, Local No. 21173 Anacortes, the party of the third part, . . ."
S All the parties agreed that the I. A. M. represented the machinists and machinists'
helpers of each of the Companies, and that the I. A. M's contention for a separate unit for
machinists and machinists ' helpers should be granted . No question concerning the repre-
sentation of these employees was raised.
4 It appears from the record that this organization is not a corporation.
358 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD
'F. M. Buhrman, I. P. Raeder, J. F. Carroll, and Lee Makovich
signed for the party of the first part, representing respectively, Far-
west Fishermen, Inc., Sebastian Stuart Fish Co., Anacortes Canning
Co. and Fishermen's Packing' Corporation, the latter being a can-
ning company not a party to these proceedings. The "master agree-
ment" was signed by Betty Anderson for' Local 17, by Dorothy
Kraywinkel for-Local 18 of Everett, not a party to these proceedings,
and by Josephine L. Sklenar for Local 21173. The record shows that
the "master agreement" of July 22, 1938, was signed for purposes of
convenience, specifically to facilitate the beginning of fishing opera-
tions. Negotiations which led to this "master agreement" were
carried on immediately preceding the fishing season and the record
shows that the fishermen would not begin their fishing operations
until the cannery operators and the unions representing their em
ployees had come to some understanding concerning wages and hours.
During the 1937 and 1938 negotiations between the Companies and
unions representing their employees, one Ellsworth 6 acted as spokes-
man for the operators in the Puget Sound area. This fact does not
of itself lead to the adoption of the contentions of Local 17, concern-
ing the nature of the bargaining. The record discloses neither an
agency nor a delegation of authority to Ellsworth, whose position as
spokesman during these negotiations came about because of his in-
terest in an organization 6 called, variously, "Canned Salmon Indus-
try" and "Puget Sound Canned Salmon Industries." The record shows
that the cannery operators in the Puget Sound area belonged to this
organization for 2 years preceding the hearings in these proceed-
ings, but that Ellsworth was not hired by the operators, that he was
.not paid any salary, that lie was not the only representative of
the operators at the negotiations, and that there was nothing formal
about Ellsworth's organization. Ellsworth was not hired as spokes-
man but the operators agreed to pay him a percentage of his ex-
penses, which did not exceed the sum of $50 from any one operator.
Moreover, his work for the organization was performed as part of
the duties required by reason of another position. There were no
agreements of any kind between the operators and Ellsworth's organ-
ization and any uniformity in wages, hours, and working conditions
that exist in the industry at Anacortes has not therefore been achieved
through any agent acting for or in the interest of all the Companies
under any delegation of authority. Thus each of the Companies
has retained to itself and has exercised direct control over the
essential employer functions.
The manager of Sebastian Stuart Fish Co. testified that in 1939 Ellsworth was "left
out of the picture." Ellsworth did not testify.
9 The organization whose name was used as party of the first part in the "master agree-
ment" of duly 22, 1938.
.SEBASTIAN ST1 ART FISH COMPANY 359
Consequently, under the circumstances present in these cases and
within the limitations of the Act we are unable to fix a single unit
embracing the employees of all the five plants at Anacortes.7 We
find that separate units consisting of employees of each of the Com-
panies are appropriate for the purposes of collective bargaining. We
further find that such units shall consist, respectively, of all the
cannery workers and warehouse employees of each Company at its
Anacortes plant, exclusive of (1) office employees, (2) supervisory
employees who have the authority to hire or discharge, '(3) employees
who in the course of their duties are expected to recommend the
hiring or discharge of employees, and (4) machinists and machinists'
helpers.
It is the contention of Local 17 that Melvin Williams, an em-
ployee in the warehouse of the Sebastian Company, should be ex-
cluded from the appropriate unit because he is an employee who in
the course of his duties is expected to hire or to recommend hiring of
other employees, and to discharge or to recommend the discharge
of other employees. Local 21173 desires his inclusion.' The record
discloses that during most of the canning season Williams is the
only regular employee of the Sebastian Company in' the warehouse,
which is physically connected to the plant. He performs 75 per
cent of the work done there himself and only occasionally needs as-
sistance. We find that Williams should be included in the unit de-
termined upon for the Sebastian Company.
We find that all cannery workers and warehouse employees of the
Sebastian Stuart Fish Co. at Anacortes excluding (1) office em-
ployees, (2) supervisory employees who have the authority to hire
or discharge, (3) employees who in the course of their duties are
expected to recommend the hiring or discharge of employees, and
(4) machinists and machinists' helpers, constitute a unit appropriate
for the purposes of collective bargaining and that this unit will in-
sure to employees of the Sebastian Company the full benefit of their
right to self-organization and to collective bargaining and will other-
wise effectuate the policies of the Act.
We find that all cannery workers and warehouse employees of the
Anacortes Canning Co. at Anacortes excluding (1) office employees,
(2) supervisory employees who have the authority to hire or discharge,
(3) employees who in the course of their duties are expected to
recommend the hiring or discharge of employees, and (4) machinists
and machinists' helpers, constitute a unit appropriate for the pur-
poses of collective bargaining and that this unit will insure to em-
7 See Matter of P. B. Booth & Company, at at. and Monterey Bay Area Fish Workers
Union No. 23, 10 N. L. R. B. 1491.
247384--40-vol. 17-24
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees of the Anacortes Company the full benefit of their right to
self-organization and to collective bargaining and will . otherwise
effectuate the policies of the Act.
We find that all cannery workers and warehouse employees of the
Farwest Fishermen, Inc., at Anacortes excluding (1) office employees,
(2) supervisory employees who have the authority to hire or dis-
charge, (3) employees who in the course of their duties are expected
to recommend the hiring or discharge of employees, and (4) machin-
ists and machinists' helpers, constitute a unit appropriate for the
purposes of collective bargaining and that this unit will insure to em-
ployees of the Farwest Fishermen, Inc. the full benefit of their right
to self-organization and to collective bargaining and will otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
As stated above, it was stipulated at the hearing that should the
Board uphold the contention of Local 21173 for separate units, elec-
tions should be directed. We find that elections by secret ballot will
best resolve the questions concerning representation.
There is a dispute, however, as to whether the employees should
be allowed to vote in more than one election. Local 17 contends
that no employee should be allowed to vote in more than one elec-
tion and that an employee should vote only at a cannery at which
he was last employed prior to the election date. Local 21173 con-
tends that employees should be. allowed to vote in each election for
which their names appear on the governing pay roll. We think
that an employee should be allowed to vote in only one election.
The records show that the interchange of cannery employees at
Anacortes during each operating season is not limited to the three
Companies involved in the present proceeding but may include all
of the five canneries at Anacortes. Accordingly it may be that an
employee appearing on the pay roll of one of the Companies herein
involved has worked for a longer period of time, within the designated
period, for one of these other companies in Anacortes. In a Decision
and Direction of Elections 8 issued simultaneously herewith, we are
ordering elections to be held among employees of the Fisherman's
Packing Corp. and of Western Fisheries to resolve questions con-
cerning representation arising in the proceedings which involve those
companies. We shall provide a standard of voting eligibility de-
signed to avoid any inconsistency between the conduct of the elec-
tions.in the various Anacortes canneries.
"Matter of Western Fisheries , a corporation and Cannery Workers Union, Local 31173,
A. F. of L.; Matter of Fisherman's Packing Corp ., a corp. and Cannery Workers Union,
Local #31173, 17 N. L. R. B. 364.
SEBASTIAN STUART FISH COMPANY 361
All the parties hereto are agreed that both Locals should be placed
upon the ballot in each election. It was also stipulated that all the
employees within the appropriate units who were employed during
the 1938 season, plus any new employees within such units employed
during the 1939 season prior to the date of elections, should be eligible
to vote. At the time of the hearings, the 1939 season was just getting
under way, and we think the stipulation providing for use of the
1938 pay rolls was probably entered into because of that fact. By this
time, the pay rolls of the Companies have been established for the
1939 season and we think that the 1939 pay rolls instead of the 1938
pay rolls will, under all the circumstances, provide a better standard of
eligibility for voting among the employees of all five companies at
Anacortes.9 We shall accordingly adopt the 1939 pay rolls of the
Companies as standards to determine the voting eligibility of the em-
ployees within the appropriate units herein.
For the reasons above stated we shall adopt the following stand-
ards : ' Each worker shall vote with the employees of that company
of the five companies operating at Anacortes which employed him
for the greatest number of days during the 1939 season; provided, that
in the event that an employee has worked for the same number of
days for two or more of the five companies, he shall participate with
the employees of that one of such companies which last employed him.
Any period of time described above shall be computed by days ; the
number of hours of employment per day will not be considered.'°
No employee shall be eligible to participate with the employees of
any company whose employment he has quit or from which he has been
discharged for cause. However, in the event that any employee shall
have quit or been discharged for cause by any one or more of the
companies, his employment by such company or companies shall not
be considered in determining his eligibility to participate with the,
employees of any other company for which he may have worked
during the 1939 season.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Sebastian Stuart Fish Co., Farwest Fisher-
men, Inc., and Anacortes Canning Co., respectively, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
9 In the Fisherman's Packing and Western Fisheries cases, we-are adopting the 1939 pay
rolls as standards of eligibility.
10 See Matter of F. E. Booth and Company, at al. and Monterey Bay Area Fish Workers
Union No. 23, 10 N. L. R. B. 1491.
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All cannery workers and warehouse employees of the Sebastian
Stuart Fish Co. at Anacortes, excluding office employees, supervisory
employees who have the authority to hire or discharge, employees
who in the course of their duties are expected to recommend the hiring
or discharge of employees, machinists and machinists' helpers, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. All cannery workers and warehouse employees of the Anacortes
Canning Co. at Anacortes, excluding office employees, supervisory
employees who have the authority to hire or discharge, employees
who in the course of their duties are expected to recommend the hiring
or discharge of employees, machinists and machinists' helpers, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
4. All cannery workers and warehouse employees of the Farwest
Fishermen, Inc. at Anacortes, excluding office employees, supervisory
'employees who have the authority to hire or discharge, employees
who in the course of their duties are expected to recommend the hiring
or discharge of employees, machinists and machinists' helpers, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
DIRECTION OF ELECTIONS
By virtue of and purstant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, 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 Sebastian Stuart Fish Co., 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 of Elections, 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 and in
accordance with the principles enunciated in Section VI 'of this De-
cision, among the employees of the Company who work at Anacortes,
including all the cannery workers and warehouse employees of the
Company, but excluding office employees, supervisory employees who
have the authority to hire and discharge, employees who in the course
SEBASTIAN STUART FISH COMPANY 363
of their duties are expected to recommend the hiring or discharge of
employees, machinists and machinists' helper, to determine whether
they desire to be represented by Local 21173, Cannery Workers Union,
A. F. of L., or by Local 17, Cannery Workers Union, C. I. 0., for the
purposes of collective bargaining, or by neither; and it is further
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Farwest Fishermen, Inc., 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 of Elections, under the direction and super-
vision of the Regional Director for the Nineteenth Region, acting in
this matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations and in ac-
cordance with the principles enunciated in Section VI of this Decision,
among the employees of the Company who work at Anacortes, includ-
ing all the cannery workers and warehouse employees of the Company,
but excluding office employees, supervisory employees who have the
authority to hire and discharge, employees who in the course of their
duties are expected to recommend the hiring or discharge of employees,
machinists and machinists' helpers, to determine whether they-desire to
be represented by Local 21173, Cannery Workers Union, A. F. of L.,
or by Local 17, Cannery Workers Union, C. I. 0., for the purposes of
collective bargaining, or by neither; and it is further °
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for purposes of collective bargaining with
Anacortes Canning Co., 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 of Elections, under the direction and supervision of
the Regional Director for the Nineteenth Region, acting in this mat-
ter as agent for the National Labor Relations Board and subject to
Article III, Section 9, of said Rules and Regulations and in accord-
ance with the principles enunciated in Section VI of this Decision,
among the employees of the Company who work at Anacortes, includ-
ing all the cannery workers and warehouse employees of the Com-
pany, but excluding office employees, supervisory employees who have
the authority to hire and discharge, employees who in the course of
their duties are expected to recommend the hiring or discharge of
employees, machinists and machinists' helpers, to determine whether
they desire to be represented by Local 21173, Cannery Workers Union,
A. F. of L., or by Local 17, Cannery Workers Union, C. I. 0., for the
purposes of collective bargaining, or by neither.