Keller Fishing and Packing Co.

KELLER FISHING AND PACKING COMPANY 163 the finishing, and soft iron inspection department ; the night crew foreman ; the pattern, casting, core making, furnace, hard iron trim- ming and inspecting, annealing, grinding, yard labor and maintenance department foremen, and the molding department foreman and as- sistant foreman and other supervisors, within the meaning of the Act, as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the Act, the aforesaid labor organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. FELLER FISHING AND PACKING COMPANY and ORCAS ISLAND CANNERY LOCAL INDUSTRIAL UNION No. 1767, CIO and INTERNATIONAL AS- SOCIATION OF MACHINISTS, LOCAL LODGE No. 239. Cases Nos. 19-RC-714 and 19-RC-784. July 12, 1951 Decision, Order, and Direction of Election Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before Howard A. McIntyre, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed., Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. Orcas Island Cannery Local Industrial Union No. 1767, CIO, hereinafter called CIO, the Petitioner in Case No. 19-RC-714, seeks to represent a unit of production and maintenance employees at the Employer's Deer Harbor, Orcas Island, Washington, fish cannery.' I Fishermen and Allied Workers Division , International Longshoremen's and Ware- housemen ' s Union , Local No. 3-51, moved to intervene at the hearing. As this labor orgenization was not ,in compliance with the filing requirements of Section 9 of the Act at tltr time of the hearing, and has no contractual relationship with the Enrployer, the hearing officer correctly denied the motion Brewer & Brewer Sons. Inc., 85 NLRB 387. 2 In Its petition , CIO excluded machinists ; however, at the hearing CIO took the same position as in Columbia River Packers Association , Inc , et al , 94 NLRB 1303, and seeks to represent a plant-wide unit 95 NLRB No. 21. 901974-52-vol 95-12 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Machinists, Local Lodge No. 239, here- inafter called IAM, the Petitioner in Case No. 19-RC-784, seeks to represent a unit of machinists, iron chink men, fillermen, reform men, skinner and boner men, seamermen, cannery mechanics, and mechanical helpers at the Employer's Deer Harbor, Orcas Island, Washington, fish cannery. CIO opposes the unit sought by IAM on the ground that a plant- wide unit is the only appropriate unit.3 Although the record is not clear on the point, it appears that the employees in the unit sought by IAM have been included in a plant-wide unit heretofore represented by International Longshoremen's and Warehousemen's Union 4 There has never been a machinists' unit at the Employer's cannery. The employees in the unit sought by IAM are engaged primarily in repairing and maintaining various production machines in the Em- ployer's cannery. They served no apprenticeship, and were trained by the Employer on the job, having previously been engaged in work on the Employer's boats. Production workers also work as machinists' helpers. There is no adequate basis in the present record for a finding that the employees sought by IAM are a craft group, nor does any other ground appear for finding that they may constitute a separate appro- priate unit.' We shall, accordingly, dismiss the petition in Case No. 19-RG784. In Case No. 19-RC-714, we find that all production and maintenance employees including machinists, iron chink men, fillermen, reform men, skinner and boner men, seamermen, cannery mechanics, and mechanical helpers, at the Employer's. Deer Harbor, Orcas Island, Washington, fish cannery, but excluding office, clerical, and profes- sional employees, and supervisors as defined in the Act constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. Order IT IS HEREBY ORDERED that the, petition in Case- No. 19-RG784 ,'be, and it hereby is, dismissed. [Text of Direction of Election omitted from publication in this volume.] 8 The Employer was not represented at the hearing. * The parties offered no evidence as to the duties of the employees involved herein, and agreed that the evidence of record in Columbia River Packers Association, Inc., et al., supra, was applicable to the Employer's operations. 8 See Rice-Stim Dry Goods Company, 85 NLRB 541.