Beach Packing Co.

In the Matter of BEACH PACKING COMPANY, A CORP. and CANNERY WORKERS UNION LOCAL #20296 Case No. R-15x9 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 7, 19/0 On November 1, 1939, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceed- ing.' Pursuant to the Direction of Election, an election by secret ballot was conducted on November 29, 1939, under the direction and :supervision of the Regional Director for the Nineteenth Region (Seattle, Washington). Full opportunity was afforded all parties to participate in the conduct of the secret ballot and to make challenges. On December 28, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties his Election Report. As to the balloting and its results, the Regional Director reported as follows : Total number of eligible voters---------------------------- 131 Total number of ballots cast------------------------------- 93 Total number of valid ballots cast------------------------- 87 Total number of votes in favor of International Fishermen & Allied Workers of America, C. I. 0----------------------- 46 Total number of votes in favor of Cannery Workers Union Local #20296, A. F. L----------------------------------- 39 Total number of votes in favor of neither------------------- 2 Total number of blank ballots----------------------------- 1 Total number of void ballots------------------------------- 0 Total number of challenged votes-------------------------- 20 Total number of challenges overruled----------------------- 15 Total number of challenges sustained ---------------------- 5 In his Election Report, the Regional Director ruled on the chal- lenged votes, sustaining five of the challenges, overruling 15,, and '17 N. L. R. B. 1. 20 N. L. It. B., No. 23. 265 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD counting the votes, as to which he overruled the challenges, in the results of the election. On December 28, 1939, Cannery Workers Union Local #20296, herein called Local No. 20296, filed with the Regional Director its objections to the conduct of the ballot on the ground that "those [employees] engaged in other industries or having worked less than three days, (possibly five days) during the past season for the Beach Packing Company" should not have been permitted to vote in the election. Local No. 20296 claims that between the time of the hearing held herein and the.election, G. P. Jeffers, doing busi- ness under the name and style of Beach Packing Company, herein called the Company, hired more employees than were necessary, that many of those employees worked less than three days, and that those employees were so numerous that they "controlled the vote" in the election. On January 10, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and served upon the parties his Report on Objections to Election Report, in effect referring the Objections directly to the Board. At the hearing no contention was made by any of the parties that employees who had worked less than a specified number of days during the 1939 season should be ineligible to vote in the election. On the contrary, Local No. 20296 contended that all those on the Company's 1939 pay roll should be permitted to vote, and we so provided in our Direction of Election. The business in which the Company is engaged is of a seasonal nature. At various times during the season of operation large supplies of fish necessitate the hiring of individuals whose services may be required for only a short period of time. Such employees have such an interest in rates of pay, wages, hours of employment, and other conditions of employment, as to entitle them to vote together with those who enjoy more regular employment in selecting a collective bargaining representative. In his Report on Objections, the Regional Director reported that there was no "deliberate attempt on the part of the Company to hire an unusual number of tem- porary employees purely to influence the outcome of the election." We find that the objections filed by Local No. 20296 do not raise substantial or material issues with respect to the conduct of the ballot or the Election Report and the objections are hereby overruled. By virtue of and pursuant to the power vested in the National Labor Relations Board, by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, BEACH PACKING COMPANY 267 IT IS HEREBY CERTIFIED that International Fishermen & Allied Workers of America has been designated and selected by a majority of all cannery and warehouse employees of G. P. Jeffers, doing busi- ness under the name. and style of Beach Packing Company, Beach, Washington, excluding office employees, supervisory employees with the power to hire and discharge, employees expected to recommend hiring or discharging, machinists, machinists' helpers, and carpen- ters, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Fishermen & Allied Workers of America is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.