Fisherman's Cooperative Association, et al.

62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD charges.' By allowing these persons to vote, subject to challenge, we are not to be taken as having passed in any way on the issues involved in the charges. [Text of Direction of Election omitted from publication.] e Cf. Sioux City Brewing Company, 85 NLRB 1164; Lock Joint Tube Company, 127 NLRB 1146. Fisherman's Cooperative Association, et al.' and Nick Trutanich (Sunbeam) and John Vilicich (California) and Frank Iacono (Frankie Boy) and Joseph Monti, Petitioner and Seine and Line Fisherman's Union of San Pedro, affiliated with Sea- farers' International Union of North America, AFL-CIO 2 Mike Trama and Santo Trama (Sandy Boy) and Fisherman's Union, Local 33, International Longshoremen & Warehouse- men's Union,' Petitioner. Cases Nos. 21-RD-457, 21-RD-454, 21-RD-455, 21-RD-462, and 21-RC-6233. June 15, 1960 DECISION, ORDER, AND DIRECTION OF ELECTIONS Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, hearings were held before Louis S. Eberhardt, hearing officer.4 The hearing officer's rulings made at the hearings 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 these cases to a three- member panel [Chairman Leedom and Members Bean and Fanning]. Upon the entire record in these cases,5 the Board finds : 1. The petitions request elections among employees working aboard vessels operating out of San Pedro, California, harbor, engaged in 1 Herein called the Association or the Co-op. The petition in Case No. 21-RD-457, as amended, also designated as employers the individual boatowners listed in Appendix A attached hereto. z Herein called Seine and Line. s Herein called Local 33. 4 The decertification petitions in Cases Nos. 21-RD-454, 21-RD-455, 21-RD-457, and 21-RD-462 were consolidated by the Regional Director of the Twenty-first Region, and a 10-day hearing was held on the consolidated cases in January and February 1960. The hearing in Case No. 21-RC-6233 was conducted separately on March 9, 1960. Seine and Line has moved that Case No. 21-RC-6233 be consolidated with the decertification proceeding. As the parties involved in Case No. 21-RC-6233 agreed to incorporation therein of the record in the decertification cases, and as the appropriate unit placement of the employees involved in Case No. 21-RC-6233 has been raised as an issue in the decertification proceeding, we hereby grant Seine and Line's motion to consolidate the representation cases for decisional purposes. Seine and Line also moved to consolidate herewith 'Case No. 21-CB-879. We find, however, that it would not effectuate the policies of the Act to delay proceedings in the instant representation cases pending resolution of the issues in the unfair labor practice proceeding. See Erist Gradi8, et ai., 121 NLRB 601, 615. This motion is therefore denied. O The request of Seine and Line for oral argument is denied, as the record and Seine and Line's brief adequately present the issues and the positions of the parties. 128 NLRB No. 11. FISHERMAN'S COOPERATIVE ASSOCIATION, ET AL., ETC. 63 fishing for tuna, sardines, or mackerel in the Pacific Ocean, and selling their catches to canneries in the Los Angeles area. No current com- merce evidence was adduced with respect to the Co-op-Seine and Line multiemployer unit requested in Case No. 21-RD-457, as none of the employer-members thereof appeared voluntarily, and most of them failed to appear in response to subpenas served upon them.6 We shall, however, base our jurisdictional findings as to these Employers upon the facts set forth in a prior case involving the same multi- employer unit, Krist Gradis, et al., 121 NLRB 601, of which we take official notice,' as supplemented by the record herein. We find that the employer-members of the Co-op-Seine and Line unit found appro- priate below constitute a single employer for jurisdictional purposes, and that their combined outflow as a group, during the year 1955 to 1956, exceeded $50,000. We therefore find that this Employer is engaged in commerce and that it will effectuate the policies of the Act to assert jurisdiction over it. As we find below that Tramarancio, Inc., and Frank Trama, owners of the Little Joe, may not appropriately be included in the Co-op- Seine and Line unit and, as there is no commerce evidence as to this vessel on an individual basis in this record or in the Krist Gradis case, we shall dismiss the petition as to it. As we also find below, contrary to the Petitioner in Case No. 21-RD- 457, Mike Trama and Santa Trama of the Sandy Boy may not appro- priately be included in the Co-op-Sein and Line unit. With respect to Local 33's request for an election in a separate unit of employees of this vessel in Case No. 21-RD-6233, the record shows that during the calendar year 1959, the indirect outflow of the Sandy Boy amounted to less than $50,000. Accordingly, as the operations of this vessel during the most recent period for which figures are available did not meet the Board's jurisdictional standard for indirect outflow, and there is no other basis for the assertion of jurisdiction, we find that it will not effectuate the policies of the Act to assert jurisdiction over this vessel, and we shall also dismiss the petitions as to it. Although we further find below that the Mercury (Seamaster) may not appropriately be included in the Co-op-Seine and Line unit, as requested by the Petitioner in Case No. 21-RD-457, we find that it does constitute an appropriate single-vessel unit. The owner of this vessel, Joe Lauro, did not appear at the hearing, although he received notice. The record in Krist Gradis shows, however, that he had an outflow of $84,915 during the period October 1955 to October 1956. Under these circumstances, we find that this Employer is engaged in 9 Seine and Line's request for enforcement of such subpenas is denied, as we find suffi- cient warrant under these circumstances for asserting jurisdiction . See Tropscana Products, Inc, 122 NLRB 121, 123 7 General Engineering, Inc., et al., 123 NLRB 586 ; Avco Manufacturing Corporation, etc., 107 NLRB 295, 296. 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD commerce and that it will effectuate the policies of the Act to assert jurisdiction over it on an individual basis. The record in the instant proceeding shows that the outflow of Nick Trutanich and John Vilicich, owners of the Sunbeam, John Vilicich, owner of the California, and Frank Iacono, owner of the Branlcie Boy, designated in Cases Nos. 21-RD-454, 21-RD-45,5, and 21-RD-462, respectively, and found below to constitute appropriate separate individual-employer units, currently exceeds $50,000 an- nually. We therefore find that these Employers are engaged in com- merce, and that it will effectuate the policies of the Act to assert jurisdiction over them. 2. In the decertification cases, the Petitioner asserts that Seine and Line, the certified and recognized bargaining representative of the employees designated therein, is no longer their representative as defined in Section 9 (a) of the Act.' Seine and Line contends that both the Petitioner and San Pedro Independent Fishermen's Union,' which intervened on the basis of a showing of interest, are fronting for Local 33, and that the Independ- ent is not a labor organization within the meaning of the Act. Assum- ing arguendo that the decertification petitions were filed on behalf of Local 33, such fact would be no impediment to the filing of such petitions by the Petitioner.1° As to the Independent, the record demonstrates that it is a recently formed organization of employees which exists for the purpose of bargaining with employers on their behalf. Moreover, the interest showing presented by the Independent demonstrates that it has a real interest in these proceedings.ll Accordingly, we find that Seine and Line and the Independent are labor organizations within the meaning of Section 2(5) of the Act, and are entitled to intervene herein. 3. Questions affecting commerce exist concerning the representation of employees of the Employers within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.12 8 Seine and Line contends that the Board 's Regional Office failed to investigate properly the showing of interest. We find no merit in this contention The investigation of inter- est showing is an administrative matter not litigable by the parties. 0 D Jennings & Company, 68 NLRB 516 Moreover, we are administratively satisfied that the interest showing is adequate 9 Herein called the Independent. ID The Ilertner Electric Company. 115 NLRB 820 'Usee EJndicott Johnson Corpo,allon, 117 NLPB 1866, footnote 5; Tin Processing Corporation, 80 NLRB 1369, 1370. Evidence sought to be adduced by Seine and Line through a subpoena duces tecurn served on the secretary -business agent of the Independent requiring production of the Independent's constitution and bylaws and the minutes of its organizational meeting, and a subpoena ad testifcandum directed to two members of the Independent who, Seine and Line alleged , are former members of Local 33 , is therefore irrelevant, and the hearing officer's revocation of the former, and refusal to continue the hearing for the purpose of serving the latter, subpena was proper. 'a Seine and Line contends that its alleged current contracts with the Employers cover- ing the employees involved constitute a bar to elections at this time Seine and Line did not, however , introduce , or seek to introduce , the alleged contracts into evidence. Under these circumstances, we find that there is no contract bar to immediate elections. FISHERMAN'S COOPERATIVE ASSOCIATION, ET AL., ETC. 65 4. In Case No. 21-RD-457, the Petitioner requests an election in a multiemployer unit certified by the Board in October 1958 in Krist Gradis, supra, referred to as the Co-op-Seine and Line unit. The Co- op, as well as the Independent, agree that the unit requested is appro- priate for decertification purposes, and contend that the method of bargaining between the Co-op members as a group and Seine and Line has not changed since the certification. The Petitioner testified that he was a member of the Seine and Line committee which negotiated the annual supplementary sardine agreement 13 in October and No- vember 1958, and that negotiations were conducted on the same group basis as obtained prior to the certification. Seine and Line, on the other hand, contends that the certified unit is no longer in existence but was abandoned by the employer-members of the Co-op and Seine and Line, mutually, in.July 1959 when they allegedly negotiated and executed new collective-bargaining agree- ments on an individual-employer basis. However, Seine and Line did not introduce into evidence copies of the alleged contracts, or present any evidence as to the circumstances surrounding their negotiation and execution in support of these contentions. Under these circum- stances, including the certification of the Co-op-Seine and Line unit and the affirmative evidence that the parties have engaged in bargain- ing on this basis since the certification on October 28, 1958, and in the absence of any probative evidence to the contrary, we find that the record does not support Seine and Line's contention that multi- employer bargaining has been mutually abandoned by the parties.14 Seine and Line also contends that the unit is inappropriate because its membership has changed and does not at present consist of the identical employers who were included at the time of the certification. We find no merit in this contention. The fact that some individual employers have dropped out and others have joined the unit does not 11 For the effect of such yearly supplements on wages, see Krist Gradn.s, supra, at p. COG. 14 See Krtst Gradss, supra, at p. 612 . Seine and Line contends that it was not per- mitted to present evidence on the unit issue because of the refusal of the hearing officer and the Board ( on interlocutory appeal ) to enforce its subpenas ad testificanduan on the boatowner-employers , and by the hearing officer 's allegedly abrupt closing of the bearing. We find no merit in these contentions There is no indication that the boatowners would have testified to the abandonment of the multiemployer unit even if they had appeared . On the contrary , the Co-op manager , who appeared at the hearing as repre- sentative of the Co-op and of the Employers named in the original petition , took the position that such was not the case, and offered to testify to that effect. In addition, three of the subpenaed boatowners did appear However, Seine and Line failed to elicit testimony from either the Co-op manager or the boatowners who appeared Further, even though the hearing was convened on 10 different days over a 2-month period , during which the unit question was at issue , Seine and Line failed to elicit testimony in support of its contentions from its own representative , who presumably would have been privy to any mutual abandonment of group bargaining, even though the Petitioner and Independent suggested , on several occasions , that such testimony be presented Indeed, the Petitioner served a subpena on the Seine and Line representative and the hearing officer specifically invited him to take the stand on the last day of the hearing, in an attempt to obtain his testimony , but he declined , on advice of counsel, to testify. 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD render inappropriate the certified multiemployer unit of all employers who presently participate in joint bargaining.'5 We therefore find that the requested Co-op-Seine and Line unit is appropriate. The parties are in dispute as to which employers are included in the Co-op-Seine and Line unit . Except as otherwise specifically discussed hereinafter, there is no evidence that any of the employer -members of the Co-op who were included in the multiemployer unit established in the Krist Gradis decision have individually abandoned multi- employer bargaining at an appropriate time," or that any of such employer-members who were not included in that unit have been accepted as participants in such multiemployer bargaining ." More- over, as the Board has held, in a decertification proceeding it is the existing unit which is-the appropriate unit.i8 In these circumstances we find that, except as specifically set forth hereinafter , the unit herein consists of the employees of the employer-members of the Co-op who were included in the unit in the Krist Gradis decision.19 The Petitioner requests inclusion of Anthony Pisano of the Lucy Ann, previously included in the Co-op-Seine and Line unit in Krist Gradis. Although there is some indication that this Employer may have withdrawn from the Co-op-Seine and Line unit, there is no pro- bative evidence to that effect. Under these circumstances, we find, for the reasons set forth above, that the crew of the Lucy Ann remains part of the unit. 15 See Krist Grades, supra, at p 611, footnote 30 11 American Publishing Corporation, at at., 121 NLRB 115, 122 ; Fulton County Glove Manufacturers, Inc, at at., 112 NLRB 1517. The following Employers were not requested in the amended petition; although they were previously included in the Co-op-Seine and Line unit in the Krtst Grades decision, we find, in the absence of objection by the parties herein, that they should now be excluded for the reasons indicated • (1) Deleted by Board Order dated September 24, 1958. Bill Horner, American Venture, Ratsumi Ryono and/or John Ryono, Patriotic, Ralph Galante, Ralphy Boy (Pier) ; Antonio Di Ambra, San Raffaele; Ben Fukuzaki and George Fuktzaki, Stella Marts (2) Not included in the Krist Gradis unit certifica- tion Toni Nishida, Gaviota. (3) Deleted by agreement of parties herein Anton Misetich, .Anthony M (withdrawn from unit) ; Anthony E. Lucido, E S Lucido (sunk). We shall also exclude, in accord with the agreement of the parties herein, Frank Trama (NY), which was added to the unit by the Board Order of September 24, 1958, and included in the certified unit, but is no longer fishing in the San Pedro area. The aforesaid Board Order also substituted Angelo Logrande, Twin Brother, for Andrea and/or Andrew Spinoza, Robert H, which had been included in the unit in the Krist Grades decision Although the Twin Brother (or Twin Brothers) was included in the certified unit, it no longer fishes in the San Pedro area, and we shall, in accord with the agreement of the parties herein, exclude this vessel 17 Santoni Moltnelti, at al, d/b/a Panaderia La Reguladora, at al, 118 NLRB 1010, 1014 , Denver Heating, Piping and Air Conditioning Contractors Association, at at., 99 NLRB 251, footnote 12 is See Standard Oil Company of California, 113 NLRB 475, 477. 19 The names of the employer-menibers of the Co-op, and their vessels, included in this unit are set forth in Appendix B attached hereto. Evidence concerning the ownership of certain of the vessels and the identity of certain of the employer-members is also set forth in Appendix B Contrary to the contention of Seine and Line, we find that the individuals and corporations designated therein are Employers within the meaning of ,Section 2(2) of the Act. FISHERMAN'S COOPERATIVE ASSOCIATION, ET AL., ETC. 67 Cosmo Santo of the Bella Marie, also referred to as the Bella Maria, was included in the Co-op-Seine and Line unit in the Board's decision in Krist Gradis. At the time of the election, however, Santo employed no employees on this vessel. The Regional Director therefore without objection conducted no election on this vessel, and did not include it in the certified unit. The evidence herein shows that this vessel is currently engaged regularly, during the sardine season, in fishing for sardines for delivery to San Pedro canneries and recognizes the Seine and Line union. Under all the circumstances, therefore, we shall, as requested by the Petitioner, again include the Bella Marie in the Co-op-Seine and Line unit, and its employees, if any, may vote in the election. The Petitioner requests inclusion of the Maria, owned by Antonio Pilato, Theodore Lucich, and Nick Vuoso, which was not included in the Co-op-Seine and Line unit in the Krist Gradis decision2° How- ever, the record establishes that the owners of this vessel have, since that time, engaged in group bargaining as part of the unit. Accord- ingly, we shall include the crew of the Maria in the unit. The Petitioner requested inclusion of Gaspari Guarrasi, owner of the Kantiki. This Employer was not included in the certified Co-op- Seine and Line unit, and there is no evidence that he recognizes Seine and Line as the representative of his employees or bargains through the Co-op. We shall therefore dismiss the decertification petition as to the Kantiki. The Petitioner requests that the Little Joe, which was not included in the Co-op-Seine and Line unit by the Krist Gradis decision, now be added thereto. The record indicates Tramarancio, Inc., and Frank Trama are the owners of the Little Joe, and Frank Trama is the mas- ter. Although there is some evidence that Frank Trama is a member of the Co-op and recognizes Seine and Line as bargaining representa- tive for this vessel, there is no evidence that he engages in group bargaining as part of this multiemployer unit. We shall therefore exclude this Employer from the Co-op-Seine and Line unit. As the operations of this Employer, on an individual basis, do not fall within the Board's jurisdictional standards, as found in paragraph 2 above, we shall, as stated therein, dismiss the petition as to it. The Petitioner in Case No. 21-RD-457 requests inclusion in the Co-op-Seine and Line unit of Mike Trama and Santo Trama, owners of the Sandy Boy. Local 33, Seine and Line, and the Employer, in Case No. 21-RC-6233, contend that the employees of this vessel consti- tute a separate appropriate unit. In the Krist Gradis case, a separate unit was requested for the predecessor to this vessel, the Fisherman. 20 In Krsst Gradis, a separate, single-boat unit was requested for the Maria, owned at that time by John Alioto, but the petition was dismissed as to this vessel on jurisdictional grounds. 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD It was excluded from the Co-op-Seine and Line unit in that decision, and the petition was dismissed as to it on jurisdictional grounds. The record herein indicates that, at the time of the hearings in the instant proceedings, this Employer was a member of the Co-op and recog- nized Seine and Line as representative of its employees. However, there is no evidence that the Employer engages in group bargaining. We shall therefore exclude it from the Co-op-Seine and Line unit. As we have found in paragraph 2 above that the Employer's operations, on an individual basis, did not fall within the Board's jurisdictional standards during the most recent period for which figures are avail- able, we shall, as indicated therein, dismiss the petition as to the Sandy Boy. The Petitioner also requests inclusion in the multiemployer unit of Joseph A. Ferrante, owner of the A. A. Ferrante, and Sal Genovese, owner of the Endeavor, which Employers were excluded from the Co-op-Seine and Line unit in Krist Gradis on the ground that they had been included in a different multiemployer unit consisting of employer-members of Monterey Sardine Industries, Inc., who bar- gained as a group with Seine and Line Fisherman's Union of Monterey, also affiliated with Seafarers' International Union of North America, AFL-CIO. Although the parties herein appear to take the position that the reason for the exclusion of these Employers, in Krist Gradis, no longer obtains, there is no probative evidence to that effect. Nor is there probative evidence that, since the certifica- tion, their employees have been bargained for as part of the unit involved herein. Under these circumstances, we shall exclude the crews of the A. A. Ferrante and the Endeavor from the unit. For the reasons set forth in Krist Grades, we shall dismiss the petition as to these two Employers.21 The Petitioner requests inclusion in the multiemployer unit of Joe T. Lauro, owner of the Mercury or Seamaster. The record indi- cates that Lauro formerly owned the Mercury, but has replaced it with the Seamaster, which functions, or will function, in the same manner and employ the same crew ; and that he is a member of the Co-op and recognizes Seine and Line as the representative of his employees. As the crew of the Mercury was not included in the unit in Krist Gradis, and there is no evidence that Lauro engages in group bargaining, we shall exclude him from the Co-op-Seine and Line unit. The Peti- tioner requests that the Board proceed with elections in any units found appropriate. Accordingly, as we have found in paragraph 2, above, that this Employer's operations fall within the Board's juris- dictional standards on an individual unit basis, and the Petitioner has demonstrated an adequate interest in such a unit, we shall direct a separate election among the crew of the Mercury (Seamaster). n Krast Grades, supra, at p. 612. FISHERMAN'S COOPERATIVE ASSOCIATION, ET AL., ETC. 69 Seine and Line is currently the certified and recognized bargaining representative of separate single-employer units consisting, respec- tively, of the crews of the Sunbeam owned by Nick Trutanich and John Vilicich,22 the California owned by John Vilicich, and the Frankie Boy owned by Frank Iacono.21 In agreement with the parties in Cases Nos. 21-RD-454, 21-RD-455, and 21-RD-462, we find that such separate units are appropriate herein. Accordingly, we find that the following units are appropriate for purposes of collective bargaining within the meaning of Section 9(b) of the Act : 24 A. All fishermen employed on net boats owned or operated by the Employers who participate in group bargaining through the Fisher- men's Cooperative Association of San Pedro with Seine and Line, Fisherman's Union of San Pedro, affiliated with Seafarers' Interna- tional Union of North America, AFL-CIO, and who regularly engage in delivering tuna, sardines, or mackerel to canneries located in the Los Angeles, California, harbor area, as listed in Appendix B, includ- ing deckmen, cooks, and engineers and assistant engineers not specifi- cally excluded; but excluding owners, part-owners, charterers, mas- ters, engineers and assistant engineers who are part-owners or are paid from the master's share of the catch, and supervisors as defined in the Act. B. All fishermen employed by Joe T. Lauro on the vessel Mercury (Seamaster) including deckmen, cooks, and engineers and assistant engineers not specifically excluded; but excluding owners, part- owners, charterers, masters, engineers and assistant engineers who are part-owners or are paid out of the master's share of the catch, and supervisors as defined in the Act. C. All fishermen employed by Nick Trutanich and John Vilicich on the vessel Sunbeam, including deckmen, cooks, and engineers and assistant engineers not specifically excluded; but excluding owners,. part-owners, charterers, masters, engineers and assistant engineers who are part-owners or are paid out of the master's share of the catch, and supervisors as defined in the Act. D. All fishermen employed by John Vilicich on the vessel California, including deckmen, cooks, and engineers and assistant engineers not specifically excluded; but excluding owners, part- owners, charterers, masters, engineers and assistant engineers who 22Vilicich appeared at the bearing and testified that he and Trutanich are coowners of the Sunbeam. x' Seine and Line was certified representative of the employees of Frank Iacono, em- ployed on the vessel Dor Ann, on November 3, 1958. Iacono replaced that boat with the Frantic Boy in February 1959 and transferred the crew to the latter vessel. 24There is no dispute as to the composition of the units, which conform with the certified units. 577684-61-vol 128-6 70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD are part-owners or are paid out of the master's share of the catch, and supervisors as defined in the Act. E. All fishermen employed by Frank Iacono on the vessel Frankie Boy, including deckmen, cooks, and engineers and assistant engineers not specifically excluded; but excluding owners, part-owners, char- terers, masters, engineers and assistant engineers who are part-owners or are paid out of the master's share of the catch, and supervisors as defined in the Act. [The Board dismissed the petitions with respect to the following Employers : Sal Genovese, Endeavor; Joseph A. Ferrante, A. A. Fer- rante; Tramarancio, Inc., and Frank Trama, Little Joe; Gaspari Guarrasi, Kantiki; and Mike Trama and Santo Trama, Sandy Boy.] [Text of Direction of Elections omitted from publication.] 25 As we have dismissed the petition filed by Local 33 in Case No. 21-RC-6233, and as Local 33 did not seek intervention in any other cases involved herein, we shall not list its name on the ballots. APPENDIX A EMPLOYERS DESIGNATED IN THE AMENDED PETITION, CASE No. 21-RD-457 Joseph A. Ferrante, A. A. Ferrante Giovanni Santo, Antonetta Santo, Cosmo Santo, Bella Maria Sal Genovese, Endeavor Giuseppe Russo, Gaspare Russo, Joan of Are Jack Russo, Josie Lena Gaspari Guarrasi, Kantiki Tramarancio, Inc., Frank Trama, Little Joe Anthony Pissano, Lucy Ann Theodore Lucich, Antonio Pilato, Nick Vuoso, Maria Mercury Fishing Inc., Joe Thomas Lauro, Mercury (Seamaster) Nancy S. Fishing Inc., Kaoru Suzuki, Nancy S. Isadore Califano, New San Antonio II John Mardesich, Nyna Rose Ralphy Boy Fishing Inc., Ralph Galante, Ralphy Boy S. G. Giuseppe Inc., S. De Iorio, Antonio Mascola, S. G. Giuseppe S. Restituta. II Fishing Inc., Salvatore Castaldi, S. Restituta II Pasquale Artiano, Teresa Massano Artiano, S. Teresa San Antonio IV Fishing Inc., Anthony Di Leva, San Antonio IV Silverio C. Aversano, Liberato Aversano, San Silverio Santo Trama, Mike Trama, Sandy Boy Santa Maria Fishing Inc., Liberato Di Bernardo, Santa Maria Santa Rita Fishing Inc., Peter Guarrasi, Santa Rita John Sima, Tony Zangaro, Santa Teresa II Aniello Pilato, Joe Pilato, Sea Maid FISHERMAN'S COOPERATIVE ASSOCIATION, ET AL., ETC. 71 St. Augustine II Fishing Inc., P. Califano, Joe Califano, St. Augustine II St. Christina Fishing Inc., Anthony Di Leva, St. Christina St. George II Fishing Inc., Anthony Pisano, St. George II Frank Iacono, Richard Iacono, St. Rita Tom Trama, Bernard J. Mattera, Tommy Boy Virginia Manzella, Matteo Manzella, Two Brothers John Scognamillo, Vittoria APPENDIX B CO-OP-SEINE AND LINE UNIT Cosmo Santo, Bella Marie 28 Giuseppe Russo and Gaspare Russo, Joan of Are Russo Bros. Inc. and Jack Russo, Josie Lena 27 Anthony Pisano, Lucy Ann 28 Theodore Lucich, Antonio Pilato, and Nick Vuoso, Maria 29 Nancy S. Fishing Inc. and Kaoru Suzuki, Nancy S.3o Isadore Califano, New San Antonio 31 John Mardesich, Nyna Rose Ralphy Boy Fishing Inc., Ralph Galante, and Gerald Galante, Ralphy Boy 32 S. G. Giuseppe Fishing Inc., Antonio Mascola, and S. Di Iorio, S. G. Giuseppe 33 S. Restituta II Fishing Inc., and Salvatore Castaldi, S. Restituta II 34 20 Although not included in the Co-op-Seine and Line unit in the Krist Grades decision, Giuseppe Russo, of the Joan of Are, was added thereto by the Board Order of Septem- ber 24, 1958, and included in the unit certification U.S. Customs of San Pedro lists Gaspare Russo as coowner. Z' The record indicates that the Josie Lena is owned by Russo Bros Inc., and that Jack Russo is the master and "managing owner." This vessel was listed in the Krist Grades decision as the Russo Bros The name was changed to Josue Lena by Board Order of September 24, 1958, and it was thus included in the certified unit. 28Anthony Pisano apparently has replaced the estate of Vincenzo Piano as owner of the Lucy Ann since the Krist Gradss decision. 30 U S. Customs lists Theodore Lucich, Antonio Pilato, and Nick Vuoso as the current owners , and Pilato as master, of the Maria . The Co-op lists Pilato as "managing owner," and lie signed the Seine and Line contract. 30 Krist Grades Included in the Co-op-Seine and Line unit the vessel Redeemer, owned by Kaoru Suzuki. The record herein indicates that the Redeemer was purchased by Nancy S Fishing Inc., rechristened the Nancy S., and that Kaoru Suzuki is the "manag- ing owner" and master. 31The Krist Grades case, Seine and Line Union , and the Co-op list this vessel as the New San Antonio, while the Petitioner and U.S. Customs list it as New San Antonio II. All lists indicate that Isadore Califano is the owner and master. 33 The Krist Grades decision included the vessel Charlotte, owned by Philip Cracchiolo. The Board Order of September 24, 1958, substituted therefor Ralph Galante , Ralphy Boy, which was included in the certified unit The record herein indicates that Ralphy Boy Fishing Inc. is now owner, Ralph Galante , master and "managing owner," and Gerald Galante signed a Seine and Line contract for the Ralphy Boy. 33 The record indicates that S. G Giuseppe Fishing Inc . is the owner of this vessel, Antonio Mascola , the "managing owner," and S. Di lorio, the master. 34 Krist Grades listed Giuseppe Iacono as the owner of this vessel , but the record herein indicates that S. Restituta II Fishing Inc., is now the owner and Salvatore Castaldi the master. 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pasquale Artiano and Teresa Massano Artiano, S. Teresa 35 Saint Rita Fishing Inc. and Frank Iacono, Saint Rita 38 San Antonio IV Fishing Inc. and Anthony Di Leva, San Antonio IV 34 Silverio C. Aversano and Liberato Aversano, San Silverio 38 Santa Maria Fishing Inc. and Liberato Di Bernardo, Santa Maria 39 Santa Rita Fishing Inc., Peter Guarrasi, and V. Guarassi, Santa Rita 40 John Sima, Santa Teresa 4i John Sima and Tony Zangaro, Santa Teresa II 42 Aniello Pilato and Joe Pilato, Sea Maid St. Augustine II Fishing Inc., P. Califano, and Joe Califano, St. Au- gustine 11 41 St. Christina Fishing Inc. and Anthony Di Leva, St. Christina 44 St. George II Fishing Inc. and Anthony Pisano, St. George 11 41 Tom Trama and Bernard J. Mattera, Tommy Boy 41 Virginia Manzella, Matteo Manzella and Sal Manzella, Two Brothers 47 Vittoria Fishing Inc. and John Scognamillo, Vittoria 48 ss The record indicates that Pasquale and Teresa Massano Artiano are coowners of the S Teresa, and Pasquale Artiano is the master. "The grist Gradis case, U S. Customs , and Seine and Line Union list Frank Iacono as owner of the Saint Rita, also referred to as St Rita, but the Co-op list shows Saint Rita Fishing Inc. as owner and Frank Iacono as "managing owner " 37 The record indicates that San Antonio IV Fishing Inc. is owner, and Anthony Di Leva is "managing owner" and master of this vessel is U S Customs lists Silverio C. Aversano and Liberato Aversano as coowners of the San Silverio ; Liberato Aversano is "managing owner " and master. ii The record shows Santa Maria Fishing Inc as owner, and Liberato Di Bernardo as master, df the Santa Maria This is the same vessel which was owned by Antonio Dl Bernardo at the time of the grist Gradis decision 4i The record indicates that Santa Rita Fishing Inc is owner. Peter Guarrasi is master, and V Guarassi signed a Seine and Line contract , for the Santa Rita 41 The record contains no evidence as to the present status of the Santa Teresa, and none of the parties requests its inclusion . However, it was included in the unit found appropriate, and the certified unit , in grist Gradis In the absence of evidence to the contrary, we find that this vessel is a part of the existing unit and include it 43 This is the same vessel which was included in the Co-op-Seine and Line unit in grant Grades as the City of Naples II, owned by Frank Almafitano 49 US Customs lists St. Augustine II Fishing Inc. as owner , and P Califano as master, of the St ilvgustine II Joe Califano is listed by the Co-op as "managing owner," and lie signed a Seine and Line contract for this vessel 44 This vessel is also referred to herein, and in grist Gradis, as St Christina II The record shows St Christina Fishing Inc as owner and Anthony Di Leva as "managing owner" and piaster 45 St. George II Fishing Inc appears to he the owner , and Anthony Pisano the "manag- ing owner" and piaster, of this vessel. 40 The record herein indicates that Tom Trama and Bernard J Matera are now co- owners, and Tom Trania is master , of the Tommy Boy, which was owned by Santo Trams at the time of the grist Gradis certification 47 U S Customs lists Virginia Manzella and Matteo Manzella as owners , and Matteo Manzella as master of the Two Brothers. Sal Manzella is listed by the Co-op as "man- aging owner," and lie signed the Seine and Line contract This vessel was listed in the grist Credos decision as the City of Pacific Grove, and changed to Two Brothers by Board Order of September 24, 1958, under which name it was included in the certified unit 48 The record indicates that Vittoria Fishing Inc. is the owner , and John Scognamillo, is the "managing owner" and master, of the Vittoria