Monterey Sardine Industries, Inc.

1 IR'thc &I'atter OFMONTEREY SARDINE INDUSTRIES, INC.; Lucii , INC., OWNER AND OPERATOR OF THE VESSEL "OLYMPIC "; HORACE FER- RANTE, ANTHONY FERRANTE AND JOSEPH FERRANTE , INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE' VESSEL "NEW ADMIRAL"; A. N.' LUCIDO, INDIVIDUALLY , OWNER AND OPERATOR OF THE VFS- SEL "ROSE MARIE " ; PETER SANFiLIPPO , INDIVIDUALLY, OWNER AND OPERATOR ' OF THE VFSSEL "VIRGINIA II"; O. ENEA, INDI- VIDUALLY, OWNER AND OPERATOR OF THE VESSEL "ENEAS"; JAMES A'. DAVI, INDIVIDUALLY , OWNER AND OPERATOR 'OF THE VESSEL "EL PADRE"; DOMINIC NAPOLi , INDIVIDUALLY, OWNER AND OPER- ATOR OF THE VESSEL "RANGER "'; GAETANO COMPAGNO AND BENE- DETTO COMPAGNO , INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL "LITTLE FLOWER "; CASINO BRUNO, INDIVIDUALLY, OWNER AND OPERATORI OF THE VESSEL "ST. ANTHONY"; SEBASTIAN SOLLECIT i O AND ANTONIO SO'ILECITO , INDIVIDUALLY , AND AS CO- PARTNFRS 'OPERATING THE VESSEL " NEW ROMA"; JOE SPADARO, INDIVIDUALLY, OWNER 'AND ' OPERATOR OF THE VESSEL "MARET- TIMO"; JOSFPH' CUSENZA , INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL "ST. JOSEPH"; HORACE E. BALBO , SALVATORE BALBO, JACK BALBO, • LEONARD PIAZZA, HORACE CARDINALLI , PETER J. FERRANTE , JOE FERRANTE, AND HORACE CAVALIERI, INDIVID- UALLY, AND AS CO-PARTNERS OPERATING THE VESSEL "CITY OF MONTEREY"; SA.VERIO LONERO , INDIVIDUALLY, OWNER AND OPER- ATOR OF THE VESSEL "NORTH STAB"; ANGELO LUCIDO AND ANTONIO NUOVO, INDIVIDUALLY' AND AS CO-PARTNERS OPERATING THE VES- SEI, "SHEBMAN ROSE"; FRANK SPADARO, INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL "EL CAPITAN"; S. FERRANTE, MAMIE FERRANTE , M. BILLECI , J. V. CRIVELLO, GUISEPPE LUCIDO, PAOLO'CUTINO, INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE 'VESSEL "VITTORIA"; SALVATORE VENTIMIGLIA AND MARIANO TORRENTE , INDIVIDUALLY , ''AND AS CO-PARTNERS OPERATING THE VESSEL " NEW REX"; 'PETER MAIORANA, INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL ""DIANA"; E. S. LucIDO,' A., E. LUCIDO, SALVATORE LUCIDO AND' FRANK LUCIDO, INDIVIDUAI LY, AND AS CO-PARTNERS OPERATING THE VESSEL " SERRA"; ERASIMO AIELLO,' NINO AIELLO, HORACE 'BRUNO, VINCENT BRUNO, STEVE BRUNO, ROSABIO FLORES, ANTONIO CO'MPAGNO AND FANNIE VILAR, INDIVIDUALLY, AND AS CO=PARTNERS'OPERATING THE VESSEL "CALI- FORNIA ROSE "; J. G. CRIVEILO, SALVATORE RUSSO, JOSEPH RUSSO, 26 N. L. R. B., No. 77. i ,. . 1 1 731 732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD AND MIKE LUCIDO , INDIVIDUALLY , AND AS CO-PARTNERS OPERAT- ING THE VESSEL "SEA LION" ; CARDINALLI COMPANY, INC ., OWNER AND OPERATOR OF THE VESSEL "SANTA LUCIA" ; NEW SATURNIA COMPANY, INC., OWNER AND OPERATOR OF THE VESSEL "NEW SATURNIA "; MARIE JOAN, COMPANY, INC., OWNER AND OPERATOR OF THE VESSEL "MARIE JOAN " ; JOE GIAMONA , HORACE GIAMONA, AND JOHN GIAMONA , INDIVIDUALLY , AND AS CO-PARTNERS OPERAT- ING THE VESSEL "WESTERN MAID " ; RAOUL BRUNO, TOM DIMAGGIO, AND JOHN Russo , INDIVIDUALLY , AND AS CO-PARTNERS OPERATING THE VESSEL "STAR OF MONTEREY " ; GALICIA COMPANY, INC., OWNER AND OPERATOR OF THE VESSEL "GALICIA"; JOHN GRADIS, INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL "SEA GIANT"; SALVATOPE VENTIMIGLIA AND GIOVANNI GRAMMETICO , INDIVID- UALLY, AND AS CO-PARTNERS OPERATING THE VESSEL "SUNMAID"; ROBIN COMPANY , INC., OWNER AND OPERATOR OF THE VESSEL "ROBIN"; SCADINA COMPANY, INC., AND ANTHONY MARTINOLICH, OWNERS AND OPERATORS OF THE VESSEL "STELLA MARIS" ; GIUSFPPE ALIOTTI AND JOHN ALIOTTI , INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL "JACKIE BOY"; AIELLO-BRUNO, INC., OWNER AND OPERATOR OF THE VESSEL "PROGRESS " ; S. G. GIUSFPPE FISHING CORPORATION , OWNER AND OPERATOR OF THE VESSEL "S. G. GIUSFPPE"; SAN VITO, INC, OWNER AND OPERATOR OF THE VESSEL "SAN VITO" ; S. Russo, INDIVIDUALLY , OWNER AND OPER- ATOR OF THE VESSEL "WESTERN STAR " ; MARTIN PETRICK AND TONY BERRY, INDIVIDUALLY , AND AS CO-PARTNERS OPERATING THE VESSEL "WESTERN FLYER " ; ANTHONY MARTINOLICH , CARL AIELLO AND PETER J. FERRANTE , INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL "EL CORTEZ " ; OCEANIA FISH PRODUCTS COMPANY, OWNER AND OPERATOR OF THE VESSEL "OCEANIA"; SALVATORE MAIORANA , INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL "TWIN BROS. " ; SANTA ROSA, INC., OWNER AND OPER- ATOR OF THE VESSEL "SANTA ROSA " ; SALVATORE VENTIMIGLIA, INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL " NEW ROPE"; JOHN SPADARO, INDIVIDUALLY , OWNER AND OPERATOR OF THE, VES- SEL "LINA V"; SAM LONERO, INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL "PACIFIC STAR"; CUTINO BROS., INC., OWNER AND OPERATOR OF THE , VESSEL "CUTINO BROS ." ; JOHN MINEO AND FRANK MINEO, INDIVIDUALLY ,,AND AS CO-PARTNERS OPERATING THE VESSEL "ANADIR " ; ANGELO MAIORANA , INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL "Dux"; MATTED AIELIO AND JOE RAPPA, INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL "AMERI- CAN ROSE " ; PHYLIS COMPANY, INC., OWNER AND OPERATOR OF THE VESSEL "PHYLIS"; SAL COLLETTO, INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL "DANTE ALIGHIERI " ; GAETANO COM- PAGNO AND BENEDETTO COMPAGNO , INDIVIDUALLY , AND AS CO- MONTEREY • SARDINE INDUSTRIES, INC.' 733 PARTNERS OPERATING THE VESSEL "SAN GIOVANNI"'; JAMES A. DAVI, ANTHONY MARTINOLICH'",AND • PETER J: FFRRANTE, INDI- • VIDUALLY, AND AS CO=PARTNERS OPERATING' THE VESSEL "ST. JAMES"; TONY BALESTERIF AND SAMUEL BALESTERI INDIVIDUALLY,' AND AS'CO-PARTNERS' OPERATING THE VESSEL' "CALIFORNIA` BEAR"; HORACE MERCURIO, • JACK' "CAMPO,' PAUL ' ORLANDO AND NI-NO BILLECI, INDIVIDUALLY- 'AND 'AS "60-PARTNERS OPERATING THE VESSEL "EL REY" .; JUANITA COMPANY, INC., OWNER AND OPERATOR OF THE VESSEL "JUANITA"; JOE FERRANTE, FRANK FERRANTE, VINCENT FERRANTE, HORACE 'FERRANTE AND NINO FERRANTE, INDIVIDUALLY, AND,AS CO-PARTNERS,'OPERATING`. THE VESSEL "SEA QUEEN"; JOSEPH CUSENZA, INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL" OLDTIMER" " PAOLO SOLLAZZO AND FRANK BRUNO, INDIVIDUALLY, AND, AS CO=PARTNERS , OPERATING THE, VESSEL "'ARDITOj';. JOE ZERILLI,; C.• ;CIARIAMATORI, , C. PALMA, GOIVANNI C,OMPAGNO AND JOHN LASALA, ,INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL , ' SANTA RITA" ;. S., RUCCELLO, SAM BILLECI,' ANDS. SAIA, • INDIVIDUALLY,, AND; AS CO-PARTNERS OPERATING, THE VESSEL "BELLE,HAVEN",; JOHN MINEO, AND FRANK MINEO, INDI-, VIDUALLY, AND AS, CO-PARTNERS OPERATING THE ;VESSEL ,'MINEO BROS.",;RISO,COMPANY,,INC.,,AND,ANTHONY MARTINOLICH, OWNERS, AND OPERATORS OF THE' VESSEL "BELVIDERE'?; •SALVATORE DI MERCURIO, INDIVIDUALLY,' OWNER. AND OPERATOR OF THE VESSEL "REDEEMER"; NICOLO ALIOTTI, INDIVIDUALLY, OWNER 'AND OPER- ATOR OF THE VESSEL "CALIFORNIA;,STAR"; SALVATORE;ARANCIO, YNDIVIDUALLY, OWNER AND OPERATOR, OF THE • VESSEL f' VIVIAN A"; JOE DIMAGGIO,,INDIVIDUALLY, OWNERS AND, OPERATOR OF THE'VESSEL "J. DIMAGGIO"; CAESAR AUG.USTA,,'A CO , RPORATION, OWNER AND OPERATOR OF THE VESSEL, `;!,CAESAR AUGUSTA'.'; AND ANY,, OTHER VESSEL WHICH MAY BEFORE THE DATE, OF THE ELECTION BE AD- MITTED INTO MEMBERSHIP IN THE ASSOCIATION and UNITED .FISH-, ERMEN'S UNION OF THE PACIFIC. AND, A. Y. L. SEINE &;,LIN,E FISHERMEN'S UNION, S j ;.^ „ 'i' ' +,• ,' Case No. 'RE-15.-'D'ecided August 17,,1940 . yi`" , °• Jurisdiction : fishing industry,., Investigation and Certification of Representatives : existence of question: con- flicting claims,of rival representatives; employer refuses, to recognize either union pending certification by•the Bdard' " ' ' • • % t Contention' by union ithat eledtion `should' be postponed because' bf urifaii ' •labor practices ,by employerorejected''where the'uriion has signedia stipula- tion finally disposing of all charges against employer and where no •subse= quent charges have been,filed. t ., ; 11 Unit Appropriate ' for Collective Bargaining : all' crew members `working on vessels owned' or operated by members of the 'Company, except one representa- tive of the' owner or' operator on each boat. "' 0 734: DECISIONS OF, NATIONAL -LABOR -RELATIONSi BOARD ,Mr. Jonathan H. Rowell, for the Board. ;, , . , , , • • , Hudson, Martin and , Ferrante ; ,by,; Mr•. , Peter 1 J. Ferrante , of Mon- terey, Calif., and Burbank , Laumeister and, Littler , by Mr,. Robert Littler, , of San , Francisco , Calif:; for the Companysl e Mr. ;Charles ,J. ,Janigian, of San Francisco,, Calif.;,for.the S. F. U. Mr. Herbert Resner; of San Francisco,, Calif.; ;for the 'U. F. U. Mr. Edward Scheunemann of.counseLto the, Board: , • , DECISION t, AND .DIRECTION' OF ELECTION STATEMENT OF THE CASE, 'On April ' '17, ' 1940; Monterey' Sardine Industries,- Inc., 'by itself and on'behalf of `the'boat"owners' listed in! the 'caption; hereinafter collectively referred to as 'th'e" Company;' ' filed with= the 'Regional Director` l for the -Twentieth' ,Region' '(San ' Franciseoo, 'California) a• petition and' on August', 1, 1940; an' amended'petitioil alleging that a question affecting commerce,had' arisen'concerriing'the repre- sentation of employees of !the Company' and requesting ari investiga- tioli -and, certification 'of representatives- pu'rst ant"to' Section" 9' `(c) of the National-Labor Relations Act,-49 Stat. 449; herein called the Act.- On'July 30, 1940, the 'National' Lab6i-Relati6ns Board', herein called - the Board; ' acting pursuant to Section 9 (c) of ,the' Act: and Article I'II,•'Section 3,' of National' Labor Relations 'Board Rules and Regulations-Series 2; 'as' amended,' ordered 'an 'investigation and- authorized the Regional Director to conduct' it "and to provide ,for an' appropriate hearing upon ,due notice. 'On, August 5;1940, the Regional Director issued'a hotice'of hearing, copies': of 'which- were' duly served' upon' the Company "and' upon United 'Fishermen's Union of -the Pacific, herein'called'the' U.'F: U., and' upon A. F: L.' Seine & ' Line''Fishe'rmen's 'Union,' herein called the S. F. U., labor organizations claiming to 'represent ' employees directly affected by the investigation. Pursuant .to notice, a hear- fornia, before ing was held on August 12, 1940, at Monterey, Cali Charles E. Persons, the Trial Examiner duly designated by -'the- Board: " The Board, the Company,'`'the U.'F' U'.; and the S :''F.` U.' were represented by' counsel and ,participated in thehearing Full opportunity , tol be heard, to ; examine, and, cross-examine. witnesses, and to 'introduce , evidence bearing' upon the ,issues ' .was 'afforded all parties. During the course of the hearing, the' Ti'al', Examiner granted, the motion of the attorney for the Board 6'" amend the caption of this proceeding ' to include "any other vessel, which may,, before the date of the election, be admitted into membership in the Associa- 0 " MONTEREY' SARDINE - INDUSTRIES, -INC.' 735 Lion." During the course of,the hearing the Trial Examiner made other rulings on motions and on objections to the admission of ,evi- dence. The Boai'd_ hasfcviewed' the rulings of the Ti•ial•'Examiner and find's' that' no prejudicial e'r'rors were''committed. The ruling's are hereby affirmed. Upon'the entire record •in the case, the Board makes the following': FINDINGS OF FACT"' I ti 1. THE BUSINESS OF THE COMPANY Monterey Sardine- Industries,' Inc., -a 'California corporation; hav- ing its principal office and place of business in'Monterey,, California, is a ion-profit corporation, engaged, among other activities, in repre- senting its'members,' the `boat' owners listed 'i'n 'the caption 'I ereto', iii the negotiation and execution' of"c'olle'ctive bargaining contracts with the designated, representatives , of, the-, employ ees;,of „the , boat owners. , For, the purpose of, this,, proceeding , the, , Copanadmits and , we find that it,is an employer ,within; ,the , meaning, ; of, Section 2,(1) and (2) of .the Act. The boat owners who arse members of, the Company, are; engaged in the ownership and operation, of,,fishing;,boats,used,, in',the ,con; mercial capture of sardines. The fishing boats operate from Mon- terey, California, to points,ion the 'thigh"seas' outside the State of California. The captured fish are sold and delivered to fish canneries and"red'uction'pl'ants locatediii Moiiterey,'California` Sardi'nes' val- ued at approximately 1$1 475`606` were' captured by certain of the boat' owners' bel'onging' to' the ' Company' during the' 1938-1939 Men- terey sardine fishing 'season. During the same ' fishing season, the canneries and' reduction plants''to wliich''the"boat owners d'e'livered the' sardines; 'caiinied''approximately' 71'8V06 ''ca's'es of sardines;' and reduced sardines to approximately' 18,22' tons of tsh' meal' and 3,738,000 gallons of fish, oil. ,Most, fof, the ; canned. sardines were shipped to points outside the State of California, and to foreign countries. • A substantial: amount, -of) the: fish meal and, the • fish "oil were shipped, outside the State of.Califorriir.''"- •'c 1-'•'' i,t,' - . .1 The boat-owner members, of, the, Comp'any,' admit, .for the purpose of this proceeding,,Ahat: they. are;'engaged'.'in ,interstate,'commerc',n within the,ineaning, of Section. 2, (6), acid x(7)1 of,the''Act:' II. THE ORGANIZATIONS .INVOLVED United; Fishermen's Union' of,. thet Pacific' is''a labor' ;organization affiliated' with'`the Congress of-:Industrial Organizations. ' It admits to;inembership' employees' of.the Company. • ' ) : I + ' - A. F. of•L'.:Seine` & Line Fi`shermen's Union'is:a labor organization affiliated' withsthe American` Federation of Labor.' ' It'admits to iriem-' bership,employees of the Companyih '1 0 • :1, ^t,1 11 1 ' }- .',f'. U,; , 736 DECISIONS OF NAT10NAL' LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated at, the hearing that both the S. F. U. and the U. F. U. have on numerous occasions in the past requested and do now request recognition as exclusive bargaining representative of the employees of the Company. The Company has refused to recog- nize either union pending certification by the Board. From a state- ment of Board agents introduced into evidence, it appears that each union has substantial membership among the employees of the Company. We find that a question has arisen concerning the 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, oceurring'in connection' with`'ihe operations of the Company described' in Section I' above, hris a''cl'ose,' intimate`, and substantial relation to trade, traffic,, and commerce among the'several States, and tends to lead to' labor disputes bu'rd'eriing' and obstructing com- merce and the free flow of-6o ntmerce: rt r V. THE: APPROPRIATE UNIT The parties agreed and we find ,that; all crew, members working on. vessels, owned •or operated by members of the Company, except one representative of the, owner or,operator, on,each boat, constitute a unit appropriate for, the purposes of collective bargaining and that said unit will insure, to employees of the Company the full benefit of their right to self-organization, and•to,rcollective bargaining and otherwise effectuate the policies of the Act, VI. THE DETERMINATION OF" REPRESENTATIVES We, find that the question, concerning representation which has arisen can best be resolved by art' election by secret ballot. The U. . F.- U. contends that the, Company has engaged in unfair labor, practices, the effects, of which, have not, been dissipated, ' and that no fair election-can-be held until' after the close of the 1940-41 fishing season. There are at the present time no charges of unfair labor practices against the Company pending before the Board. On August 6, 1940, the•Board.enteredi an order approving a 'stipulation entered into by'the'Board', the Company, and the U: F. U. in settle- ment of charges of unfair labor practices. against the Company filed by the U.F. •U. on and prior toe June c28, 1.940. The stipulation re- cited, in part that it was entered ,into by, the parties in order to arrive, at an amicable settlement of the differences between them, and that it MONTEREY SARDINE INDUSTRIES, INC. 737 was not- to be, construed as an admission that unfair labor practices had been committed by the Company. It further recited that the, stipulation was to be a complete and final' disposition of all issues' raised by the charges of unfair labor practices and that the Company agreed to submit by appropriate petition all questions concerning the representation of the 'employees to the Board,.' -In view, of the stipu- lation and in the absence of any subsequent charges of unfaii labor practices we see no reason to postpone the election. We shall there- fore direct that the election be held' as soon as possible, -.but not later than 30 days from the date of our Direction. The U. F. U. contends that the crew of the New Madrid should, be eligible to vote in the election on the ground that the, New Madrid properly belongs to the Company -and !has been wrongfully excluded from membership. The Company denies that the New Madrid or its owners are entitled to a ' certificate of.membership. In view of, the Company's position, we cannot, say, on 'this,' record-, that the New Madrid is a member of the .Company. ' We shall therefore exclude. its crew from the election. • • I • . In accordance with our usual practice, we shall direct that, all the employees of the Company in the 'appropriate unit employed ' for, the 1940-1941 fishing season immediately preceding the date of this' Decision and Direction of Election shall be eligible to participate in the election. On the basis of the above findings of fact and upon the entire record in the proceeding, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Monterey Sardine Industries, Inc., Mon- terey, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All crew members working on vessels owned or operated by members of Monterey Sardine Industries, Inc., except one repre- sentative of the owner or operator on each boat constitute a unit appropriate 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 Re- lations Act and pursuant to Article III, Section 8 of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purpose of collective bargaining 738 DECISIONS OF, NATIONAL LABOR -RELATIONS BOARD with, Monterey Sardine Industries; Inc., Monterey, California, an election' by secret ballot shall be conducted as soon as possible and' beginning as promptly as. is' practicable after the date of this Di- rection rof.Election, but not later ,than •30 days thereafter,' unddr',the, direction , and 'supervision of the Regional Director 'for ;the Twentieth, Region,, acting 'in. this matter: as agent for the National Labor Rela-' tions Board and subject to Article' III;' Section. 9; of said Rules and Regulations, among' all, the 'c'rew -members, working, on vessels owned or. operated 'by. members' of Monterey 'Sardine 'Industries, Inc., em ployed for the 1940-1941 fishing season immediately -preceding the date' of 'this Direction/of,'Election, including employees,' who did not work,'during such period,becausesthey,.were:ill or on vacation, and, employees Who, were then, or' had' been,, temporarily laid. off, but ex-- eluding 'those who have. since quit or been 'discharged for cause, and excluding one representative' of':the owner orroperator' on each boat," to determine, whether they, desire .to-be represented' by United Fisher men's Union of the'.Pacifie; or,by' A: F. -of. L. Seine' & Line Fisher- men's Union, for the purposes of collective bargaining, or by neither. MR. EDWIN S.• SMITH took ,no part, in, the consideration of the above Decision and Direction of Election