Beach Packing Co.

DECISIONS AND ORDERS OF THE NATIONAL LABOR RELATIONS BOARD In the Matter of BEACH PACKING COMPANY, A CORP. and CANNERY WORKERS UNION LOCAL #20296 Case No. R-1549.-Decided November 1, 1939 Salmon Processing and Canning Industry-Investigation of Representatives: question concerning representation : refusal by employer to recognize one of two labor organizations because of doubt as to majority representation by either _.. Unit Appropriate for Collective Bargaining : all cannery and warehouse em- ployees, excluding office employees , supervisory employees with the power to hire and discharge , employees expected to recommend hiring or discharging , machin- ists, machinists' helpers, and carpenters-Election Ordered Mr. Patrick H. Walker, for the Board. Mr. G. P. Jeffers, of Beach, Wash., for the Company. Mr. Nelson Durham, of Seattle, Wash., for Local No. 20296. Mr. Paul Coughlin, of Seattle, Wash., for the International. Mr. Guilford Moe, of Bellingham, Wash., for the I. A. M. Mr. Robert D. Allen, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 7, 1939, Cannery Workers Union Local #20296, herein called Local No. 20296, filed with the Regional Director for the Nine- teenth Region (Seattle, Washington) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of G. P. Jeffers, doing business under the name and style of Beach Packing Company,' Beach, Washington, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 7, 1939, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of Na- tional Labor Relations Board Rules and Regulations-Series 2, or- dered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. 1 Incorrectly designated in the formal papers as Beach Packing Company, a corp. 17 N. L. R. B., No. 1. 1 2 DECISIONS OF NATIONAL LABO1t RELATIONS BOARD On September 11, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon Local No. 20296, upon United Fishermen of the Pacific, and upon International Association of Machinists, herein called the I. A. M. The International Fishermen & Allied Workers- of America, herein called the International, with which United Fishermen of the Pacific is affiliated, made its appearance in the proceeding. The International and the I. A. M. are labor organizations claiming to represent em- ployees directly affected by the investigation. Pursuant to the notice a hearing was held on September 25, 1939, at Mount Vernon, Wash- ington, before Thomas S. Wilson, the Trial Examiner duly designated by the Board. The Company attended through Jeffers; the Board, Local No. 20296, and the International were represented by counsel, 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 on the issues was afforded all par- ties. On October 5, 1939, Local No. 20296 filed a brief. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY G. P. Jeffers, doing business under the name and style of Beach Packing Company, operates a salmon processing and canning plant at Beach, Washington. The packing materials used in the operations of the plant originate in various States of the United States. Raw fish are obtained from Puget Sound and adjacent waters where they are caught. The plant was not operated during the years 1936 to 1938, inclusive. In the 1935 season the plant packed approximately 15,000 cases of salmon, having a value of $60,000, of which approximately 98 per cent were sold and transported to points outside the State of Wash- ington. The Company concedes that, in the operation of the plant, it is engaged in interstate commerce. II. THE ORGANIZATIONS INVOLVED Cannery Workers Union Local #20296 is a. labor organization affil- iated with the American Federation of Labor. It appears that it admits to its membership all the cannery and warehouse employees of the Company, excluding supervisory employees with the power to hire and discharge, employees having authority to recommend hiring and discharging, machinists, machinists' helpers, and carpenters. International Fishermen & Allied Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership the same classes of employees as Local No. BEACH PACKING COMPANY e) 20296. International Association of Machinists is a labor organization affiliated with the American Federation of Labor. It admits to mem- bership the machinists and machinsts' helpers employed by the Company. III. THE QUESTION CONCERNING REPRESENTATION In July 1939, Local No. 20296 and the International each sought to bargain with the Company on behalf of its cannery and warehouse employees. At the time of these requests the Company was in doubt as to which organization represented a majority of its employees and therefore declined to accord recognition to either. Further efforts to negotiate with the Company were halted by the filing of the petition herein. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT In its petition Local No. 20296 alleges that the appropriate unit consists of all cannery and warehouse employees of the Company, excluding office employees, supervisoy employees with the power to hire and discharge, employees "expected to recommend" hiring or discharging, machinists, machinists' helpers, and carpenters. The International did not object to such a unit. The Company also took no position in this connection. No reason appears for departing from the unit alleged in the petition. We find that all cannery and ware- house employees of the Company, excluding office employees, super- visory employees with the power to hire and discharge, employees expected to recommend hiring or discharging, machinists, machinists' helpers, and carpenters, constitute a unit appropriate for the pur- poses of collective bargaining and that said unit will insure to such employees of the Company the full benefit of their right to self -organ- ization and to collective bargaining and otherwise effectuate the policies of the Act. 4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI. THE DETERMINATION OF REPRESENTATIVES For the purpose of showing substantial membership among the employees of the Company, the International introduced into evidence a number of membership application cards. At the hearing, Local No. 20296 claimed to represent a majority of the employees in the plant. We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. As indicated above, the Company's last season of operation, prior to the 1939 season, was in the year 1935. Local No. 20296 contends that those employees appearing on the 1935 and 1939 pay rolls should be eligible to vote. The International takes the position that only those employees appearing on the 1939 pay roll should be eligible. While the Company indicated its willingness to reemploy those who had worked during the 1935 season, Jeffers testified that almost all of them were now engaged in other occupations, did not desire to return to work for him, and that he no longer considered them his employees. Under the above circumstances, we find that only those employees who have worked for the Company at some time during the 1939 season have such an interest in the rates of pay, wages, hours of employment, and other conditions of employment at the plant as to entitle them to vote in the election we shall direct. 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. A question affecting commerce has arisen concerning the repre- sentation of employees of G. P. Jeffers, doing business under the name and style of Beach Packing Company, Beach, Washington, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All cannery and warehouse employees of the Company, exclud- ing office employees, supervisory employees with the power to hire and discharge, employees expected to recommend hiring or discharging, machinists, machinists' helpers, and carpenters, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, it is hereby BEACH PACKING COMPANY Jr DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with G. P. Jeffers,'doing business under the name and style of Beach Packing Company, Beach, Washington, 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 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, among all cannery and warehouse employees of G. P. Jeffers, doing business under the name and style of Beach Packing Company, who have worked for him at any time during the 1939 season, excluding office employees, supervisory employees with the power to hire and dis- charge, employees expected to recommend hiring or discharging, ma- chinists, machinists' helpers, carpenters, and those who have quit or been discharged for cause, to determine whether they desire to be represented by Cannery Works Union Local #20296 or by Interna- tional Fishermen & Allied Workers of America, for the purposes of collective bargaining, or by neither.