Beach Packing Co.

National Labor Relations Board - Board Decisions

Feb 7, 1940

20 N.L.R.B. 265 (N.L.R.B. 1940)

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.