Alaska Salmon Industry, Inc.

In the Matter of ALASKA SALMON INDUSTRY, INC., BALCOM & PAYNE, BEEGLE PACKING COMPANY, INC., FIDALGO ISLAND PACKING CO. (KETCHIKAN CANNERY), P. E. HARRIS & CO. ( SUNNY POINT CAN- NERY), INDEPENDENT CANNERIES, INC., KETCHIKAN PACKING CO., LIBBY, MCNEIL & LIBBY, INC. (GEORGE INLET), NAKAT PACKING CORP. (HIDDEN INLET AND UNION BAY CANNERIES), NEW ENGLAND FISH Co. (KETCHIKAN CANNERY), NORTHERN FISHERIES, INC., PA- CIFIC AMERICAN FISHERIES, INC. (KASAAN CANNERY, WARDS COVE PACKING CO., WHIZ PACKING CO. and SOUTHERN ALASKA CANNERY WORKERS UNION, LOCAL 237, CHARTERED BY UNITED CANNERY, AGRI- CULTURAL, PACKING AND ALLIED WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2534-Decided July 22,1941 Jurisdiction : salmon canning industry. Practice and Procedure : petition dismissed where no appropriate unit within the scope of the petition. Definitions : an association, the members of which are salmon canning com- panies, held to be an employer ; resident cannery workers employed seasonally but returning season after season held to be employees ; a company leasing a cannery owned by the United States Government held to be an employer and not a cooperative. Mr..Robert L. Condon, for the Board. Mr. W. C. Arnold, of Ketchikan, Alaska, and Mr. Matthew W. Hill, of Seattle, Wash., for the A. S. I. and members thereof. Mr. Conrad Espe, of Seattle, Wash., and Mrs. Marguerite Hansen and Mr. Johnny Romero, of Ketchikan, Alaska, for Local 237. Mr. Frank G. Johnson, of Ketchikan, Alaska, for the Cannery Workers. Mr. Walter C. Hinman, of Seattle, Wash., for the Seafarers Union. Mr. W. G. Vies, of Wrangell, Alaska, for the Purse Seiners. Mr. Frederic B. Parkes, 2nd, of counsel to the Board. DECISION AND ° ORDER STATEMENT OF THE CASE On March 31, 1941, Southern Alaska Cannery Workers Union, Local 237, chartered by United Cannery, Agricultural, Packing and 33 N. L. R. B., No. 128. 727 728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Allied Workers of America, affiliated with the Congress of Industrial Organizations, herein called Local 237, filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a petition alleging that a question affecting commerce had-arisen concerning the repre- sentation of employees of Alaska Salmon Industry, Inc., Seattle, Wash- ington, herein called the A. S. I., and its members, Balcom & Payne, Ketchikan, Alaska; Beegle Packing Company, Inc., Ketchikan, Alaska; Fidalgo Island Packing Co., Seattle, Washington; P. E. Harris & Co., Seattle, Washington; Independent Canneries, Inc., Ketchikan, Alaska; Ketchikan Packing Co., Ketchikan, Alaska; Libby, McNeil & Libby, Inc., Seattle, Washington; Nakat Packing Corp., Seattle, Washington; New England Fish Co., Seattle Wash- ington; Northern Fisheries, Inc., Ketchikan, Alaska; Pacific Ameri- can Fisheries, Inc., Bellingham, Washington; Wards Cove Packing Co., Ketchikan, Alaska; and Whiz Packing Co., Ketchikan, Alaska; herein called the Companies, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 17, 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 Rela- tions 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 April 18, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the A. S. I., the Companies, and Local 237, and upon Cannery Workers Auxiliary Union, herein called the Cannery Workers, Alaska Native Brotherhood, herein called the Brotherhood, Seafarers International Union of North America, herein called the Seafarers Union, and Alaska Salmon Purse Seiners Union, herein called the Purse Seiners, labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on May 5 and 6, 1941, at Seattle, Wash- ington, and on May 12, 1941, at Ketchikan, Alaska, before George Bokat, the Trial Examiner duly designated by the Chief Trial Ex- aminer. The Board, the A. S. I., the Companies, Local 237, the Cannery Workers, the Seafarers Union, and the Purse Seiners were represented by counsel or official representatives and participated in the hearing.' The Trial Examiner granted the motion to intervene filed by the Cannery Workers.- Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded all parties. At the close of the hearing the Cannery Workers moved to dismiss the petition, for the reason 1 On May 29 , 1941 , the Brotherhood filed a special appearance AL'AS'KA SALMON INDUSTRY 729 that the Annette Island Canning Company is a necessary party to any proceeding affecting the territory described in the petition, has not been served with notice of hearing, and has not had an opportunity to be heard. The Trial Examiner reserved ruling on this motion for the Board. The motion is hereby granted for reasons set forth below. During the course of the hearing the Trial,Examiner made various rulings on other motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and -finds that no prejudicial errors were committed. The rulings are hereby 'affirmed. On May 31 and June 3, 1941, respectively, the A. S. I;. and the Cannery Workers filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES Alaska Salmon Industry, Inc., is a membership or non-profit'cor- poration, incorporated in January 1940 in Delaware, with its.principal place of business in Seattle, Washington. As stated in its certificate of incorporation, it was organized for the purposes, among others, of (1) acting as intermediary between salmon canners and workers, fish- ermen, labor organizations, and representatives of prospective em- ployees or fishermen, in order to promote harmony, fairness, and justice in all their relationships, (2) negotiating on behalf of its members agreements between them and groups or associations of workers and fishermen, (3) enforcing such agreements, and (4) representing its members in all matters, pertaining to the working conditions, hours, and compensation of workers and fishermen. Its bylaws provide that its' members, in order to operate, must enter. into such agreements as have been negotiated by the A. S. I. We find that the A. S. I. is an employer within the meaning of Section 2 (2) of the Act. The Companies, named - in the petition, as well as all other large salmon-canning companies in Alaska and in the States of the North- west Pacific Coast are members'of the A. S. I., which by volume of business represents 95 per cent of the salmon-canning industry in Alaska. The business operations of the members of the Association herein involved are set forth below. Balcom & Payne, an Alaskan corporation having its principal office in Ketchikan, Alaska, operates one cannery' in the Territory of Alaska, located in the Ketchikan area, specifically within Fishing Districts 17 and 18, where it is engaged in the business of processing and canning salmon. During the 1940 season, the company purchased raw ma- terials valued at $47,000, almost all of which were shipped from the ;United 'States to its cannery in Alaska. During. 1940 the company 730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD packed 36,190 cases of salmon, all of which were shipped to points outside the Territory of Alaska. The company operates four cannery tenders to transport the salmon from the fishing grounds to its can- nery. During the 1940 season, the company employed an average of 65 cannery employees, of whom 98 per cent were believed to be bona fide Alaskan residents and 2 per cent to be non-residents of Alaska. During the 1941 season, the operations of the company will be similar to its 1940 operations in so far as they concern the purchase of materials, the pack and sale of cases of salmon, the use of fishing boats, cannery tenders, and traps, the average number of employees, and the per cent or number of resident and non-resident employees. During the 1941 season, the company will operate its cannery from June 15 to September 1, 1941. Beegle Packing Company, Inc., an Alaskan corporation having its principal office at Ketchikan, Alaska, operates one cannery in the Territory of Alaska, located in the Ketchikan area, specifically within Fishing Districts 17 and 18, where it is engaged in the business of processing and canning salmon. During the 1940 season, the company purchased raw materials valued at $125;000, almost all of which were shipped from the United States to its cannery in Alaska. During 1940 the company packed 28,571 cases of salmon, all of which were shipped to points outside the Territory of Alaska. The company operates three cannery tenders and six fish traps. During the 1940 season, the company employed an average of 48 cannery employees, of whom 40 per cent were believed to be bona fide Alaskan residents and 60 per cent to be non-residents of Alaska. The company will not operate its cannery during the 1941 season. Fidalgo Island Packing Co., a Maine corporation having its prin- cipal office in Seattle, Washington, operates three canneries in the Territory of Alaska, where it is engaged in the business of processing and canning salmon. One of its canneries is located in the Ketchikan area, specifically within Fishing Districts 17 and 18. During the 1940 season, the company purchased raw materials valued at $275,763, al- most all of which were shipped from the United States to its various canneries in Alaska. Of such purchases, 25.6 per cent was used at its cannery in the Ketchikani area. During 1940 the company packed 166,415 cases of salmon, all of which were shipped to points outside the Territory of Alaska. Of such total, 49,500 cases were packed at its cannery in the Ketchikan area. The company owns 3 fishing boats and 8 cannery tenders, which are used to catch and 'transport the salmon from the fishing grounds to-the canneries, and operates 20 fishing traps. None of the fishing boats, three of the cannery tenders, and seven of the fishing traps are used in connection with the operation of its cannery in the Ketchikan area. During the 1940 ALASKA SALMON INDUSTRY 731 season, the company employed an average of 84 cannery employees at its cannery in the Ketchikan area, of whom 59.5 per cent were be- lieved to be bona fide Alaskan residents and 40.5 per cent to be non- residents of Alaska. During the 1941 season, the operations- of the company in the Ketchikan area will be similar to its 1940 operations, and it will operate its cannery in the Ketchikan area from July 10 to August 30, 1941. P. E. Harris & Co., a Washington corporation having its principal office in Seattle, Washington, operates five canneries in the Territory of Alaska, where it is engaged in the business of processing and can- ning salmon. One of its canneries is located in the Ketchikan area, specifically within Fishing Districts 17 and 18. During the 1940 season, the company purchased raw materials valued at $950,000, almost all of which were shipped from the United States to its can- neries in Alaska. During 1940 the company operated 2 canneries in Alaska and packed 208,898 cases of salmon, all of which were. shipped to points outside the Territory of Alaska. The company owns 3 fishing boats and 5 cannery tenders and operates 15 fishing traps. None of the boats or tenders is used in connection with the operation of its cannery in the Ketchikan area. The company has recently acquired three additional canneries, one of which is in the Ketchikan area, and the company in 1941 will operate five canneries; in 1940 it operated only two. Independent Canneries, Inc., a Washington corporation having its principal office at Seattle; Washington, operates one cannery in the Territory of Alaska, located in the Ketchikan area, specifically within Fishing Districts 17 and 18, where it is engaged in the .business of processing and canning salmon. During the 1940 season, the com- pany purchased raw materials valued at $10,000, almost all of which were shipped from the United States to its cannery in Alaska. During 1940 the company packed 9,167 cases of salmon, all of which were shipped to points outside the Territory of Alaska. The company owns two cannery tenders and operates one fishing trap. During the 1940 season, the company employed an average of 50 employees, all of whom were believed ; to be bona fide Alaskan residents. During the 1911 season, the operations of the company will be similar to its 1940 operations, and it will operate its cannery from approxi- mately July 1 to September 1, 1941. Ketchikan Packing Co., an Alaskan corporation having its prin- cipal office in Ketchikan, Alaska, operates one cannery in the Terri- tory of Alaska, located in the Ketchikan area, specifically within Fishing Districts 17 and 18, where it is engaged in the business of processing and canning salmon. During the 1940 season, the company purchased raw materials valued at $37,885, almost all of which were 732 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD shipped from the United States to its cannery in Alaska. During. 1940 the company packed 33,886 cases of salmon, all of which were- shipped to points outside the Territory of Alaska. The company owns one cannery tender and operates seven fish traps. During the 1940 season, the company employed an average of 148 employees, all of whom were believed tp be bona fide Alaskan residents. During the 1941 season, the company's operations will be similar to its 1940 operations, and it will 'operate its cannery from July 15 to August 24, 1941. Libby, McNeil & Libby, Inc., a Maine corporation having its prin- cipal offices in Chicago, Illinois, operates nine canneries in the Terri- tory of Alaska, where it is engaged in the business of processing and canning salmon. One of its canneries is located in the Ketchikan area, specifically within Fishing Districts 17 and 18. During the 1940 season, the company purchased raw materials valued at $1,100,000, almost all of which were shipped from the United States to its various canneries in Alaska. Of such purchases, 3.17 per cent was used at its cannery in the Ketchikan area. During 1940 the company packed 480,235 cases of salmon, all of which were shipped to points outside the Territory of Alaska. Of such total 26,683 cases were packed at its cannery in the Ketchikan area. The company owns 239 fishing boats and 44 cannery tenders and operates 40 fishing traps. None of the fishing boats, three of the cannery tenders, and six of the fishing traps are used in connection with the operation of its` cannery in the Ketchi- kan area. During the 1940 season, the company-employed an average of 93 employees at its cannery in the Ketchikan area, of whom 32 per cent were believed to be bona fide Alaskan residents and 68 per cent to be non-residents of Alaska. During the 1941 season, the operations of the company in the Ketchikan area will be similar to its 1940 operations. Nakat Packing Corp., a New York corporation having its principal office in Seattle, Washington, operates four canneries in the Territory of Alaska, where it is engaged in the business of processing and can- ning salmon. Two of its canneries are located in the Ketchikan area, specifically within Fishing Districts 17 and 18. During the 1940 season, the company purchased raw materials valued at $606,600, almost all of which were shipped from the United States to its various can- neries in Alaska. Of such purchases, 45 percent was used at its can- neries in the Ketchikan area. During 1940 the company packed 303,063 cases of salmon, all of which were shipped to points outside the Ter- ritory of Alaska. Of such total 125,200 cases were packed at, its canneries in the Ketchikan area. The company owns 7 fishing boats and 17 cannery tenders and operates 35 fishing traps. Four fishing boats, 7 cannery tenders, and 21 fishing traps are used in connection with the operation of its canneries in the Ketchikan area. During the ALASKA, SALMON INDUSTRY 733 1940 season, the company employed an average of 355' employees at its canneries in the Ketchikan area, of whom 30 per cent were believed to be bona fide Alaskan residents and 70 per cent to be non-residents of Alaska. During the 1941 season, the operations of the company in the Ketchikan area will be similar to its 1940 operations, and it will operate its cannery at Hidden Inlet from- May 17 to September 5, 1941, and its cannery at Union Bay from May 11 to September 12, 1941. New England Fish Co., a Maine corporation having its principal office in Seattle, Washington, operates four canneries in the Territory of Alaska, where it is engaged in the business of processing and canning salmon. One of its canneries is located in the Ketchikan area, specifically within Fishing Districts 17 and 18. During the 1940 season, the company purchased raw materials valued at $545,000, almost all of which were shipped from the United States to its various canneries in Alaska. Of such purchases, 24 per cent was used at its cannery in the Ketchikan area. During 1940 the company packed 260,094 cases of salmon, all of which were shipped to points outside the Territory of Alaska. Of such total 60,989 cases were packed at its cannery in the Ketchikan area. The company owns 25 fishing boats and 9 cannery tenders and operates 20 fishing traps. None of the fishing boats, one of the cannery tenders, and five of the fishing traps are used in connection with the operation of its cannery in the Ketchi- kan area. During the 1940 season, the company employed an average of 155 employees at its cannery in the Ketchikan area, of whom 71.59 per cent were believed to be bona fide Alaskan residents and 28.41 percent to be non-residents of Alaska. During the 1941 season, the operations of the company in the Ketchikan area will be similar to its 1940 operations, and it will operate its cannery from approximately July 10 to October 25, 1941. Northern Fisheries, Inc., an Alaskan corporation having its prin- cipal office in Ketchikan, Alaska, operates one cannery in the Territory of Alaska, located in the Ketchikan area, specifically within Fishing Districts 17 and 18, where it is engaged in the business of processing and canning salmon. During the 1940 season, the company purchased raw materials valued at $10,200, almost all of which were shipped from the United States to its cannery in Alaska. During 1940 the company packed 9,076 cases of salmon, all of which were shipped to points out- side the Territory of Alaska. During the 1940 season, the company employed an average of 30 cannery employees, all of whom were be- lieved to be bona fide Alaskan residents. The company will not operate its cannery during the 1941 season. Pacific American Fisheries, Inc., a Delaware corporation having its principal office in Bellingham, Washington,- operates nine canneries in the Territory of Alaska, where it is engaged in the business of proc- 734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD essing and canning salmon. One of its canneries is located in the Ketchikan area, specifically within Fishing Districts 17 and 18. During the 1940 season, the company purchased raw materials valued at $2,000,000, almost all of which were shipped from the United States to its various canneries in Alaska. During 1940 the company packed 97,080 cases of salmon at its canneries in Southeastern Alaska. Wards Cove Packing Co., an Alaskan corporation having its princi- pal office in Ketchikan, Alaska, operates one cannery in the Territory of Alaska, located in the Ketchikan area, specifically within Fishing Districts 17 and 18, where it is engaged in the business of processing and canning salmon. During the 1940 season, the company purchased raw materials valued at $90,000, almost all of which were shipped from the United States to its cannery in Alaska. During 1940 the company packed 74,601 cases of salmon, all of which were shipped to points outside the Territory of Alaska. The company owns 9 fishing boats and 4 cannery tenders and operates 13 fish traps. During the 1940 season, the company employed an average of 93 cannery employees, of whom 15 per cent were believed to be bona fide Alaskan residents and- 85 per cent to be non-residents of Alaska. During the 1941 season, the operations of the company will be somewhat less extensive than, in 1940, and it will operate its cannery from July 11 to September 5, 1941. Whiz Packing Co., an Alaskan corporation having its principal office at Ketchikan, Alaska, operates one cannery in the Territory of Alaska, located in the Ketchikan area, specifically within Fishing Dis- tricts 17 and 18, where it is engaged in the business of processing and canning salmon. During the 1940 season, the company purchased raw materials valued at $30,000, almost all of which were shipped from the United States to its cannery in Alaska. During 1940 the company packed 24,465 cases of salmon, all of which were shipped to points outside the Territory of Alaska. During the 1940 season, the com- pany employed an average of 53 employees, all of whom were believed to be bona fide Alaskan 'residents. During the 1941 season the com- pany's operations will be similar to its 1940 operations, and it will operate its cannery from July 10 to August 31, 1941. During the 1940 season, the above companies employed approxi- mately 1,300 employees, of whom 450 were bona fide Alaskan residents, within the unit sought by Local 237 herein. We find that Alaska Salmon Industry, Inc., and its members are engaged in commerce within the Territory of Alaska within the. meaning of Section 2 (6) of the Act. 'II. THE ORGANIZATIONS INVOLVED Local 237, chartered by United Cannery, Agricultural, Packing and Allied Workers of America is a labor organization affiliated with the ALASKA SALMON INDUSTRY 735 Congress of Industrial Organizations, admitting to membership bona fide Alaskan residents employed by the A. S. I. and its members. Cannery Workers Auxiliary Union is a labor organization admit- ting to membership bona fide Alaskan residents employed by the A. S. I. and its members. It is chartered by Alaskan Salmon Purse Seiners Union, affiliated with the Seafarers International Union of North America, which is an affiliate of the American Federation of Labor. Alaska Native Brotherhood is a labor organization 2 admitting to membership native Alaskan residents employed by-the A. S. I. and its members. III. STATUS OF RESIDENT CANNERY WORKERS INVOLVED IN} THIS PROCEEDING In its brief the A. S. I. contends that the Board is without jurisdiction to conduct an investigation or to order an election, for the reason that there is no continuing employer-employee relationship between the resident workers and the Companies since the work is seasonal in nature and the workers do not necessarily return to the same cannery each year. The resident workers are principally wives, daughters, and sons of the fishermen. They work as closely as possible to the fishing grounds where the head of the family is employed. The record discloses that the Companies maintain employment records and rehire as many of the previous season's employees as possible and that the same employees work in the canneries, year after year. If one plant is shut down or abandoned, the resident workers are transferred to another cannery. Approximately 75 per cent of the resident workers who were employed in the canneries herein involved in 1939 returned to the same canneries in 1940. The fact that, as individuals, the resident workers may not be hired by the came company season after season, does not in any way deprive them of the relationship which they have with all the Companies in Southeastern Alaska as a group. We find that the resident cannery workers are employees within the meaning of Section 2 (3) of the Act.' IV. THE APPROPRIATE UNIT Local 237 contends that the unit appropriate for the purposes of collective bargaining consists of all bona fide resident Alaskan cannery workers employed in Fishing Districts 17 and 18, by the A. S. I. and its members who are named in the petition, with the exception of 2 The Brotherhood is primarily a fraternal organization , but it has engaged in collective bargaining activities on behalf of its members who were employed by various salmon- canning companies. s Cf. Matter of Alaska Packers Association and Alaska Cannery Workers Union, Local No 5, Committee for Industrial Organization, 7 N L R. B. 141. 736 DECISIONS OF NATIONAL LABOR .-RELATIONS BOARD supervisory officials, office and clerical employees, carpenters, and machinists. The Cannery Workers contends that bona fide resident Alaskan cannery workers employed by the A. S. I. and its members in South- eastern Alaska, which includes Fishing Districts 12 to 19, inclusive, constitute an appropriate unit, and urges the dismissal of the petition. It further claims that the unit proposed by Local 237 is inappropriate since it does not include the employees of Annette Island Canning Company, which operates in Fishing District 17. The Brotherhood made no claim as to the appropriate unit at the hearing, but filed a special appearance objecting to any extension of the Board's jurisdiction beyond the scope of the canneries named in the petition. The A. S. I., like the Cannery Workers; claims that bona fide resident Alaskan cannery workers employed by the A. S. I. and its members in Southeastern Alaska, constitute an appropriate unit. If the Board finds the unit of Southeastern Alaska to be inappropriate, the A. S. I. claims that the resident workers of each individual cannery constitute a separate appropriate unit. In support of their contentions, both the A. S. I. and the Cannery Workers claim that, in the past, collective bargaining has never followed the boundary lines of the Fishing Districts, but has created the following districts which the various labor organizations, the C. S. I.; and the A. S. I. have regarded as units appropriate for collective bargaining purposes : (1) Bristol Bay District which comprises Fishing District No. 1. (2) Peninsula District which comprises Fishing Districts Nos. 2, 3, and 4. (3) Kodiak District which comprises Fishing District No. 5. (4) Cook's Inlet District which comprises Fishing Districts Nos. 6 and 7. (5) Copper River and Prince William Sound District which comprises Fishing Districts 8, 9, and 10. (6) Yakutat Division, an isolated operation; which comprises Fishing District No. 11. (7) Southeastern District which comprises Fishing Districts Nos. 12 'to 19, inclusive. The A. S. I. is the successor to the Canned Salmon Industry, herein called the C. S. I., which represented approximately the same number of companies and engaged in activities similar to those of the A. S. I. described in Section I, above. The C. S. I. was organized in 1937 and ceased functioning at the end of the 1939 season. The salmon-canning industry is highly seasonal in its operations. Salmon are caught near the end of their migratory cycle as they come ALASKA SALMON INDUSTRY 737 .from the sea in full maturity, seeking fresh water streams in which to spawn. The Fish & Wild Life Service of the Department of the -Interior has divided the coast line of Alaska into fishing districts and subdistricts, each having a definite season of about 40 days during which salmon may be caught. The date of the opening of the com- *mercial salmon fishing varies from June 20 in the northern to July 25 in the_ southern portions of Alaska and the season closes from August 4 to 28. ' The employees working in the canneries are divided into two groups, .those working outside the canneries in repairing and operating the machinery and fishing gear and those working inside the canneries either as machinists who repair. and construct machines, or as cannery .workers engaged in the handling and processing of the fish. The latter group is composed of two types of employees, those who are bona fide Alaskan residents with whom this proceeding is concerned and those who are non-residents of Alaska, being hired principally in the States of Washington, Oregon, and California and transported by -the Companies to their canneries in Alaska for the season. The bargaining - unit for the contracts governing non-resident workers, outside workers, and machinists, negotiated in the past by the A. S. I. or the C. S. I. with several labor organizations, has in each instance been industry-wide, covering all the Alaskan companies who are members of the A. S. I: or the C. S. I 4 Negotiations for resident cannery 'workers have, on the whole, been conducted in Alaska by the various locals chartered by the American Federation of Labor and by the Congress of Industrial Organizations. The first attemlit to organize the resident cannery workers was made s The first attempts to organize the non-resident workers were made in 1932 Cannery Workers and Farm Laborers Union, Local No. 18257, ;aas chartered in July 1933. Until 1937, however, the canneries entered into individual contracts with each non-resident em- ployee. In 1936, the C. S I. and Local No 18257 reached an agreement concerning hours of work and wages for non-resident workers, and the C S . I and its members agreed to employ at least 375 union members. In 1937 , the C. S I and Local No. 18257 entered into a collective bargaining agreement for non-resident workers which extended only to members of Local No. 18257. In 1937, Local No. 18257 in Seattle, as an official body, left the American Federation of Labor and changed its affiliation to Cannery Workers and Farm Laborers Union, Local No. 7, U C. A. P. A W A. (C I 0 ). Alaska Cannery Workers' Local 20195, which negotiated contracts in 1936 and 1937 for non-resident cannery work- ers shipping out of San Francisco , likewise shifted to the C. I O. at the close of the canning season in 1937. The Portland local, which prior to the change of affiliation , had been a sub-local of Local No 18257 , became Local 226, U. C. A. P. A. W. A. after the, change A consent election was held in April 1938, between Local No 7 and Local No. 18257, composed of those members who did not approve the shift in affiliation to the C. I. 0 indi- cated above . Local No. 7 won the election ; and shortly thereafter, the C. S. I. entered into a contract with Local No. 7 recognizing it as the exclusive bargaining representative of all the employees hired by the C. S. I. and its Alaskan members from the States of Washington and Oregon. Similar contracts were negotiated for the 1939 and 1940 seasons by Locals 5 (San Francisco ), 7 (Seattle), and 226 ( Portland ) of U. C A. P. A. W. A. 'including workers from California as well as those from Washington and Oregon All non- resident cannery workers are members of the U. C. A. P. A. W. A. ' Each of the contracts negotiated has been industry-wide in scope , covering all Alaskan companies who are\mem- bers of the A. S. I. or the C. S. I. 738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in 1936 by Cannery Workers and Farm Laborers Union, Local No. 18257, A. F. L., herein called Local No. 18257.1 In July 1937, the Ketchikan branch of Local No. 18257, whose jurisdiction was con- fined, in general, to those canneries in Fishing Districts 17 and 18, negotiated a contract with certain canneries in the Ketchikan area,5 which recognized it as the representative for collective bargaining purposes of resident workers who were members of the Ketchikan branch of Local No. 18257. In February 1938, the Ketchikan branch of Local No. 18257 changed its affiliation to the petitioner herein, Local 237, Southern Alaska Cannery Workers Union, chartered by United Cannery, Agricultural, Packing and Allied Workers of America (C. 1. 0.), herein called U. C. A. P. A. W. A. The U. C. A. P. A. W. A. has also chartered locals at Petersburg, Juneau, and Hoonah, Alaska. From February to May 1938, the U. C. A. P. A. W. A. attempted to negotiate with the C. S. I. a contract covering all resident and non- resident workers in Southeastern Alaska. The C. S. I. refused to execute such a contract; whereupon the four Alaskan locals of U. C. A. P. A. W. A. requested the C. S. I. to meet with their repre- sentatives in a collective bargaining conference "of resident employees in Southeastern Alaska" of 26 companies, including the Annette Island Canning Company. The C. S. I. refused to bargain in Seattle, prefer- ring to conduct its negotiations for resident workers in Alaska. In July 1938, the U. C. A. P. A. W. A. filed 33 petitions requesting an investigation and certification of representatives of employees of the C. S. I. and 32 canning companies, all members of the C. S. I. in South- eastern Alaska. The U. C. A. P. A. W. A. at that time desired to represent all the resident workers in Southeastern Alaska in one bargaining unit. The petitions were withdrawn for the alleged reason that the Regional Director advised the U. C. A. P. A. W. A. that it would be physically impossible to conduct elections in such a large geographical area as outlined in the petitions, either individually or collectively.6 The U. C. A. P. A. W. A. requested the C. S. I. in 1939 and the A. S. I. in 1940, to recognize it as the collective bargaining representative of all resident and non-resident cannery workers in Southeastern Alaska, who were employed by the C. S. I. or the A. S. I. and their members. The C. S. I. and the A. S. I. in both instances refused to include the two groups of employees in one unit, and the negotiations for resident workers were referred to the Alaskan locals. On February 21, 1941, the U. C. A. P. A. W. A. submitted to the A. S. I. a proposed contract, B The contract was signed by the following companies : Ketchikan Packing Company ; Independent Salmon Canneries , Inc. ; Beegle Packing Company ; Balcom-Payne Fisheries ; Alaska Pacific Salmon Company ; Berg Packing Company ; New England Fish Company; Fidalgo Island Packing Company ; Wards Cove Packing Company; and Northern Fisheries, Inc. See footnote 10, infra. ALASKA SALMON INDUSTRY 739 providing for its recognition as the exclusive bargaining representa- tive for both resident and non-resident cannery workers in South- eastern Alaska. In May 1938, Local 237 requested the C. S. I. to meet with it in a collective bargaining conference for resident employees of 19 can- neries, all operating in Fishing Districts 17 and 18. All these com- panies lvhich will operate in 1941 are named in the petition, with the exception of the Annette Island Canning Company. On July 7, 1938, a contract was executed between the C. S. I. and Local 237, recognizing Local 237 as the collective bargaining representative of the resident workers who were members of Local 237 and were employed by the C. S. I. and its members operating canneries in Fishing Districts 17 and 18. Similar contracts were negotiated in 1939 and 1940. The record discloses that the C. S. I. or the A. S. I. has met in 1938, 1939, and 1940, with representatives of the four Alaskan locals. of the U. C. A. P. A. W. A. to negotiate collective bargaining contracts for the resident workers. The results of such negotiation have, each year, been embodied in a master contract, copies of which were sent to, and were subsequently signed by, the various locals and the individual companies within the area under the jurisdiction of the respective locals. Thus, the terms of the contracts signed by the various locals of the U. C. A. P. A. W. A. in those years were identical. The past collective bargaining practice of the Cannery Workers has been quite similar to that of Local 237. After Local No. 18257 by a vote of a majority of its members shifted its affiliation to the Congress of Industrial Organizations, the remaining members of Local No. 18257 who desired to be affiliated with the American Fed- eration of Labor received a charter from Alaska Salmon Purse Seiners Union in 1937. The Cannery Workers has locals at Met- lakatla, Ketchikan, Hydaburg, Craig, Klawak, Kake, Petersburg, and Wrangell, Alaska. During the 1937 season, the Cannery Work- ers had no contract with the C. S. I., being partially covered by the negotiations of the Purse Seiners. In 1938, the Cannery Workers negotiated with the C. S. I. a contract recognizing the, Cannery Workers as the exclusive bargaining agent of all resident cannery workers employed by the C. S. I. and its members in Southeastern Alaska, except in Ketchikan, where the C. S. I. and its members recognized it as the bargaining agent for its members. The ex- clusive bargaining provisions of the contract were never enforced, however, for the reason that the U. C. A. P. A. W. A. called a strike throughout Southeastern Alaska, in order to obtain contracts rec- ognizing its Alaskan locals as collective bargaining representatives for the resident workers who were members of the various locals. The contracts executed by the Cannery Workers with the C. S. I. in 450122-42-vol 33-48 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1939 and with the A. S. I. in 1940 contained'provisions almost identi- cal to those in the contracts negotiated by Local 237. All contracts between the Cannery Workers and the C. S. I. or the A. S. I. since 1937 have been negotiated on the basis of a unit of Southeastern Alaska covering all resident cannery workers employed by the C. S. I. or the A. S. I. and their respective members in that area. The bargaining activities of the Brotherhood have not been ex- tensive. It has negotiated a memorandum agreement with individual companies, covering resident workers at two or three canneries. Thus, in regard to resident cannery workers, the unit for collective bargaining purposes has, in. the past, clearly included all such work- ers employed by the C. S. I. or the A. S. I. and their members through- out Southeastern Alaska, comprising Fishing Districts Nos. 12 to 19, inclusive.7 Although each of the four Alaskan locals of the U. C. A. P. A. W. A. signed contracts with the` members of the C. S. I. or the A. S. I. who were within the jurisdiction of each local, the record discloses that the bargaining was done jointly by the repre- sentatives of the four locals. The results of the negotiations were embodied each year in a single master contract, which when signed by the C. S. I. or the A. S. I. bound all their members who desired to operate canneries in Southeastern Alaska.8 In support of its contentions that the boundaries of Fishing Dis- tricts 17 and 18 should circumscribe the appropriate unit, Local 237 asserts that the city of Ketchikan is the principal center for the hir- ing of resident workers employed by all the canneries in that area, except the Annette Island Canning Company in Fishing District 17, which Local 237 claims is a cooperative company, employing for the most part native Alaskan Indians residing on the Annette Islands Reservation where the cannery is situated.' The Cannery Workers and the A. S. I., on the other hand, urge the dismissal of the petition on the further ground that the Annette Island Canning Company has not been made a party to the proceeding or its employees included within Local 237's requested unit. Annette Island was made an Indian reservation by Act of Congress in the latter part of the past century. In 1912 the Indians residing on that island were granted the exclusive right to fish within an area of 3,000 feet from its shores. In 1918 or 1919 the United States Bureau of Indian Affairs claimed the right to possess a cannery on Annette I The A. S. I. now has approximately 40 members in Southeastern Alaska. 11 It is noteworthy also that the contracts governing non-resident workers, outside work- ers, and machinists have been negotiated on the basis of an industry-wide unit. 9 In addition to the resident workers of those canneries named in the petition, the charter of Local 237 extended its jurisdiction to such workers of the Annette Island Canning Com- pany, of two canneries which have not operated the past 2 years, and of the Nakat Packing Company's Waterfall plant. The latter is situated in Fishing District 19 and was not named in the petition for the alleged reason that the hiring center for that plant is Hyda- burg, Alaska. ALASKA SALMON INDUSTRY 741 Island. Pursuant to regulation made by the Secretary of the Interior, the cannery has been leased since 1933 to the Annette Island Canning Company, an Alaskan corporation the ownership and control of which is vested in two white residents of Ketchikan. Under the provisions of the lease the company' guarantees that the profits from the plant will not be less than $25,000 each year, and agrees to pay 76 per cent of the profits to the Secretary of the Interior, who places 20 per cent of such amount into a rehabilitation fund for the maintenance of the cannery property and transfers the remaining 56 per cent to the Common Council of Metlakatla, to be disbursed by the Council for municipal or community purposes. The Annette Island Canning Company is a member of the A. S. I., which negotiates the Com- pany's collective bargaining contracts and determines its labor rela- tions policies. Both Local 237 and the Cannery Workers have members who are employed by the Annette Packing Company. During the 1940 season, the Annette Island Canning Company's production, which totaled 102,399 cases of salmon, greatly exceeded that of most of the other companies operating, in Southeastern Alaska. We find the Annette Island Canning Company to be an employer within the meaning of Section 2 (2) of the Act. As indicated above, Local 237 in the past has included the resident ,workers employed by the Annette Island Canning Company in its negotiations; and since all the members of the C. S. I. and the A. S. I. were bound, by contracts executed by the C. S. I. and the A. S. I., it follows that Local 237 has, in fact, bargained for its members who were employed by that company. In view of the past bargaining practice in the salmon-canning indus- try in Southeastern Alaska and the fact that, in any event, the employ- ees of Annette Island Canning Company, one of the largest canneries in Fishing Districts 17 and 18, were not included within the unit requested by Local 237, we find that the unit sought by Local 237 is inappropriate for the purposes of collective bargaining and shall, therefore, grant the motion of the Cannery Workers to dismiss the petition for investigation and certification of representatives filed by Local 237.11 V. THE QUESTION CONCERNING REPRESENTATION Since, as we have found in Section IV above, the bargaining unit sought to be established by Local 237 is inappropriate for the purposes is As indicated in Section III, the U. C A P A. W A. claims that it withdrew its peti- tions filed in 1938, because it was advised that it would be physically impossible to conduct an election in such a large geographical area. Assuming that the U C. A. P. A. w. A. was so advised , we are of the opinion at this time that a determination of representatives of employees in the salmon-canning industry in Southeastern Alaska may be made at a future date if a question arises concerning the representation of such employees in an appropriate unit - 742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of collective bargaining, we find that no question has arisen concerning the representation of employees of the A. S. I. and its members in an appropriate bargaining unit. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CoxcLusIONS OF LAW 1. Alaska Salmon Industry and its members are severally employers within the meaning of Section 2 (2) of the Act. 2. No question concerning the representation of employees of Alaskan Salmon Industry, Seattle, Washington; and its members, in a unit which is appropriate for the purposes of collective bargaining has arisen, within the meaning of Section 9 (c) of the Act. ORDER Upon the basis of the above findings of fact and conclusions of law, the National Labor Relations Board hereby orders that the petition. for investigation and certification of representatives filed by Southern Alaska Cannery Workers Union, Local 237, chartered by United Can- nery, Agricultural, Packing and Allied Workers of America, affiliated, with the Congress of Industrial Organizations, be, and it hereby is, dismissed.