Snake River Trout Co.

SNAKE RIVER TROUT COMPANY 41 APPENDIX B NOTICE TO ALL MEMBERS OF UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL NO. 1100, AFL-CIO Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify you that: WE WILL NOT engage in, or induce or encourage employees of W. D. Don Thomas Construction Co., or the employees of any other employer, to engage in, a strike or concerted refusal to work where an object thereof is to force the above-named employer or any other employer or person to cease doing business with Howard C. Johnson. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL No. 1100, AFL-CIO, Labor Organization. Dated------------------- By------------------------------------------- (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. APPENDIX C NOTICE TO ALL MEMBERS OF INTERNATIONAL HOD CARRIERS', BUILDING AND COMMON LABORERS' UNION OF AMERICA, LOCAL No. 556, AFL-CIO Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify you that: WE WILL NOT engage in, or induce or encourage employees of W. D. Don Thomas Construction Co., or the employees of any other employer, to engage in, a strike or concerted refusal to work where an object thereof is to force the above-named employer or any other employer or person to cease doing business with Howard C. Johnson. INTERNATIONAL HOD CARRIERS', BUILDING AND COM- MON LABORERS' UNION OF AMERICA, LOCAL No. 556, AFL-CIO, Labor Organization. Dated------------------- By------------------------------------------- (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Snake River Trout Company I and Amalgamated Meat Cutters and Butcher Workmen of North America, Local No. 368, AFL-CIO, Petitioner. Case No. 19-RC-2591. September 14, 1960 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before a hearing officer of the Na- tional Labor Relations Board. His rulings made at the hearing are free from prejudicial error and are affirmed. I The name of the Employer appears as amended at the hearing. 129 NLRB No. 12. 42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to Section 3(b) of the Act, the Board has delegated its powers herein to a three-member panel [Members Rodgers, Jenkins, and Fanning]. 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 organization named below claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Sections 9(c) (1) and 2(6) and (7) of the Act.' 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : 3 All production, maintenance, and processing employees at the Employer's operations near Buhl, Idaho, including truckdrivers, but excluding office clerical employees, guards, working foremen, and all other supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 2 The Employer contends that the Board is without jurisdiction on the ground that the employees involved herein are agricultural employees to whom the Act does not apply. The Employer is engaged in the raising , butchering, packing, freezing, and dis- tribution of rainbow trout at its operations near Buhl , Idaho. In determining whether employees are "agricultural" and therefore outside the coverage of Section 2(3) of the Act, the Board is governed by section 3(f) of the Fair Labor Standards Act. See Swift and Company, 104 NLRB 922 , 923. We have been advised by the Department of Labor, whose interpretation of section 3(f) of the Fair Labor Standards Act it is our policy to follow whenever possible , that employees engaged in "fish farming ," of the type involved herein, are not employed in agriculture within the meaning of section 3(f) of the pertinent act. Upon this basis we find that the employees employed in the Employer's operations described above are not agricultural but are employees as defined in Section 2(3) of the Act, Accordingly, the Employer's contention is rejected. 8 There was no disagreement as to the unit except that the Employer , contrary to the Petitioner, would exclude working foremen . The foremen direct employees in their re- spective departments and have authority , which they exercise , to hire and discharge employees under them. We find the working foremen to be supervisors as defined in the Act and exclude them from the unit. Gulf Atlantic Warehouse Co. and Local 591, United Packing- house Workers of America, AFL-CIO. Case No. 15-CA-1501. September 15, 1960 DECISION AND ORDER On March 14, 1960, Trial Examiner John H. Dorsey issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Inter- 129 NLRB No. 9.