Van Camp Sea Food Co., Inc.

In the Matter of VAN CAMP SEA FOOD COMPANY, INC., and FISH CAN- NERY WORKERS UNION OF THE PACIFIC, SAN DIEGO BRANCH, AF- FILIATED WITH THE SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, AFL Case No. R-2653.-Decided July 7, 1941 investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Richard A. Perkins, for the Board. Mr. Montgomery Phister, of San Diego, Calif., for the Company. Mr. Marshall Ross, Mr. Nathan Snyder, and Mr. Frank Barbaria, of Los Angeles, Calif.,.for the A. F. of L. Mr. Donald Henderson, of Chicago, Ill:, Dime E. Tiller and Joseph ine Wood, of San Diego, Calif., for the C. I. O. Mr. Gilbert V. Rosenberg, of counsel.to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On March 24, 1941, Fish Cannery Workers of the Pacific, San Diego Branch, affiliated with the Seafarers International Union* of North America, A. F. of L., herein called the A. F. of L., filed with the Regional, Director for the Twenty-first Region (Los Angeles, California) a petition, and on April 30, 1941, an amended petition, alleging that a question affecting commerce had arisen concerning ,the representation of employees of Van Camp Sea Food Company, Inc., San Diego, California, herein called the Company, engaged in the preparation and processing of fish, and requesting an investiga- tion and certification of representatives pursuant' to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 16, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, 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. 33 N. L. R. B., No. 38. 164 VAN CAMP SEA FOOD COMPANY, INC. 165 On May 19, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon'the Company, the A. F.. of L., and United Cannery, Agricultural, Packing & Allied Workers of America, Local 64, C. I. 0., herein called the C. I. O., a, labor or- ganization claiming- to represent employees of the Company. Pur- suant to notice, a .hearing. was held on May 27, 1941, at San Diego, California, before Richard A. Perkins, the Trial Examiner duly designated by the Chief Trial Examiner. During the hearing the parties agreed to resolve the question concerning representation ac- cording to the terms of a stipulation. No evidence was adduced at the hearing. On June 3, 1941, the Company, the A. F. of L., the C. I. 0., and. a representative of the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to'the Stipulation, an election by secret ballot was con- ducted on June 5, 1941,' under the direction and supervision of the Regional Director, among all employees of the Company at its San Diego, California, plant, excluding the office and supervisory em- ployees, superintendents, foremen, assistant foremen, foreladies, and floorladies, to determine whether they desired to be represented by the A. F. of L.,.by the C. I. 0., or, by neither. On June 9, 1941, the Regional Director. issued and duly served upon the parties an Election Report. on the Ballot. No objections to-the conduct of the ballot or the Election Report have been filed by any of the parties. ' As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list- ------------------------------------ 661 Total - ballots cast------------------------------------------ 561 Total 'ballots challenged -------------------------------------- . 4 Total blank ballots------ ----------------------------------- o Totat void ballots ------------------------------------------ 2 Total ballots not counted----------------------------------- 6 Total ballots counted--------------------------------------- 555 Total votes for Fish Cannery Workers Union of the Pacific, San Diego Branch , affiliated with the Seafarers International Union of North America; A..F.•of L----------------------- 99 Total-votes for Local 64, United Fish Cannery Workers Union, United Cannery, Agricultural , Packing & Allied Workers of America, C. I. 0----------------------------------------- 451 Total votes for neither------------------------------------- 5 Upon the basis of the Stipulation, the Election Report, and the entire record of the case, the Board makes the following: FINDINGS OF FACT A ,question affecting commerce has arisen concerning the repre- sentation of employees of Van Camp Sea Food Company, Inc., San 166 DECISIONS OF- NATIONAL LABOR RELATIONS BOARD Diego, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. All employees of the Company at its San Diego plant, excluding office and supervisory employees, superintendents, foremen, assistant. foremen, foreladies, and floorladies, constitute -a unit appropriate for the purposes of collective bargaining within the meaning of. Section 9 (b) of the Act. Local 64, United Fish Cannery Workers Union, United Cannery, Agricultural, Packing & Allied Workers of America, C. I. 0., has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bar- gaining and is the exclusive representative of all such employees, within the meaning of Section 9. (a) of the National Labor Rela- tions Act. - CERTIFICATION OF REPRESENTATIVES 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, IT IS HEREBY CERTIFIED that Local 64, United Fish Cannery Work- ers Union, United Cannery, Agricultural, Packing & Allied Workers of America, C. I. 0., has been selected by a majority of all employees of Van Camp Sea Food Company, Inc., at its San Diego, California, plant, excluding office and supervisory employees, superintendents, foremen, assistant foremen, foreladies, and floorladies,.as their rep- resentative for the purposes of collective bargaining and that pur- suant to Section 9 (a) of the Act, Local 64, United Fish Cannery Workers Union, United, Cannery, Agricultural, Packing & Allied Workers of America, C. I. 0., 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. -