Whiz Fish Products Co.

National Labor Relations Board - Board Decisions

Jun 12, 1940

24 N.L.R.B. 597 (N.L.R.B. 1940)

In the Matter of WHIz FISH ' PRODUCTS COMPANY and CANNERY
WORKERS UNION LOCAL #20479 A. F. OF L.
Case No. B-1781.-Decided June 12, 1940
Fish Canning Industry-Investigation of Representatives : petition for, dis-
missed, when no substantial question concerning the representation of employees
had arisen ; showing of representation by petitioning union not sufficient to
warrant holding election to ascertain representatives.
Mr. Patrick H. Walker, for the Board.
Mr. R. 0. Pierce, of Seattle, Wash., for the Company.
Stevenson cc Gershon, by Mr. Perry R. Gershon, of 'Seattle, Wash.,
for Local No. 1.
Mr. Roland Watson, of Seattle,- Wash., for Local No. 20479.
Mr. Guilford Moe, of Bellingham, Wash., for the I. A. M.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On August 7, 1939, Cannery Workers Union Local #20479, A. F. of
L., herein called' Local No. 20479, filed with the Regional Director
for the Nineteenth Region (Seattle, Washington), a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Whiz Fish Products Company,' La
Conner, Washington, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the. Act. On March 11, 1940, 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.
'Incorrectly designated whiz Fish Company, a corporation, in the petition and certain
other formal papers. This was corrected by motion at the bearing.
24 N. L. R. B., No. 57.
283035-42-vol. 24-39 597
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 15, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, Local No.
20479, Cannery Workers Union Local No. 1, International Fishermen
and Allied- Workers of America, C. I. O:, herein called Local No.
1, and International Association of Machinists, Local No. 1496,2 here-
in called the I. A. M., labor organizations claiming to represent em-
ployees directly affected by the investigation.
Pursuant-'to notice, a hearing was held on March 28, 1940, at Mount
Vernon, Washington, before Albert L. Lohm, the Trial Examiner
duly designated by the Board. The Board, Local No. 20479, and
Local No. 1 were represented by counsel; the Company, by its general
manager; and the I. A. M., by its representative. All participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed the rulings of 'the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed. -
On May 8, 1940, the Board issued and duly served upon the par-
ties a notice that on May 20, 1940, or as soon thereafter as convenient,
unless sufficient cause to the contrary should then appear, it would
make a certain "Statement of Field Examiner Concerning Claims of
Authorization for the Purpose of Representation," together with ex-
hibits A to E, inclusive, attached thereto, a part of the record herein.
No objections were thereafter filed with the Board. On May 22,
1940, the Board ordered said Statement of Field Examiner and
exhibits attached thereto made a part of the record herein.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Whiz Fish Products Company has its principal place of business
in Seattle, Washington. It operates a cannery at La Conner, Wash-
ington, the part of its operations which are here involved, where
it is engaged in the process of canning salmon. During 1939 the
Company canned approximately 30,000 cases of salmon , valued at
approximately $140,000, of which it sold and shipped approximately
90 per cent to points outside the State of Washington.
2 Local No. 239 of the I. A. M. made its appearance at the hearing , apparently . in-lieu
of Local No. 1496.
WHIZ FISH PRODUCTS COMPANY
H. THE ORGANIZATIONS INVOLVED
599
Cannery Workers Union Local #20479, A. F. of L., is a labor
organization, chartered by the American Federation of Labor, admit-
ting to its membership employees of the Company.
Cannery Workers Union Local No. 1, is a labor organization, char-
tered by International Fishermen and Allied Workers of America,
which is affiliated with the Congress of Industrial Organizations,
admitting to its membership employees of the Company.
International Association of Machinists, Local No. 239, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership machinists and machinists' helpers
employed by the Company .3
III. THE QUESTION CONCERNING REPRESENTATION
In July 1939 Local No. 20479, claiming to represent a majority of
the Company's employees, submitted to the Company a proposed
contract which the Company took under advisement. At about the
same time, Local No. 1 began to organize cannery workers in La
Conner, Washington, and succeeded in obtaining a substantial mem-
bership among them. On August 2, 1939, after Local No. 1 had
submitted signed membership cards to the Company in support of
its claim that it represented a majority of the Company's employees,
the Company entered into a contract with it which was to remain
in effect until May 1, 1940, and from year to year thereafter in the
absence of notice of desire to change it. On March 21, 1940, Local
No. 1 notified the Company of its desire to "reopen negotiations" for
a new contract. The Company refused to do so, however, because
of the undisposed-of petition herein.
At the hearing there was introduced into evidence a copy of the
Company's pay roll, and all parties agreed that in the event that
the Board should direct an election to. be . held, eligibility to vote
therein should be determined on the basis of that pay roll. On that
pay roll are the names of 75 4 employees. The Statement of the
Field Examiner Concerning Claims of Authorization contains an.
analysis of 21 ledger and 2 transfer cards submitted to him by Local
No. 20479. He found that of the names on those cards, four do not
appear on the Company's pay roll. The remaining 17 ledger cards,
checked by the Field Examiner against the cash books of Local No-
3 The I. A. M.'s only interest in the proceeding was to obtain the exclusion of its
members from the appropriate unit. At the hearing, all parties agreed to this exclusion.
4 Including the names of 6 employees whom the parties agreed should be excluded from
the unit and 2 employees now dead. Hence the adjusted pay roll lists 67 employees in the
unit agreed upon by the parties as being appropriate.
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
20479, showed that six members had paid dues, initiation fees, or
both, in 1937 and not thereafter; three had paid dues, initiation fees,
or both, in 1938 and not thereafter; and eight paid dues, initiation
fees, or both, in 1939.
Local No. 1, on the other hand, which desires dismissal of the
petition herein, submitted to the Field Examiner the authorization
cards of 64 persons appearing on the pay roll. Of these, two paid
no dues either in 1939 or 1940. It appears that 15 of the 19 persons
whose names are on the membership list which Local No. 20479 fur-
nished to the Field Examiner, have also signed Local No. 1 authori-
zation cards. According to the records of the two unions, all 15
signed authorization cards in, and paid dues to, Local No. 1 after
ceasing such payments to Local No. 20479. At the hearing Local
No. 20479 introduced no proof in support of its claim of majority
representation. On the record we do not find a substantial showing
of a desire of the Company's employees for representation by Local
No. 20479. We find that no question has arisen concerning repre-
sentation of employees of the Company.5
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
No question has arisen concerning representation of employees of
Whiz Fish Products Company, La Conner, Washington, within the
meaning of Section 9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion of
law, the National Labor Relations Board hereby orders that the
petition for investigation and certification filed by Cannery Workers
Union Local #20479, A. F. of L., be, and it hereby is, dismissed.
See Matter of General Electric Company and The G. E. Industrial Union of the Bridge-
port Works , Incorporated, 15 N. L. R. B. 1018; Matter of Westgate Sea Products Com-
pany and United Fish Cannery Workers Union , Local #6., C . I. 0., 23 N . L. R. B. 49.