Columbia River Packers Association, Inc.

National Labor Relations Board - Board DecisionsSep 10, 1943

52 N.L.R.B. 535 (N.L.R.B. 1943)

In the Matter of COLUMBIA RIVER PACKERs AssocIATloN, INC. and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION No. 87, AFFILIATED WITH THE AFL Case No. R-5768.-Decided September 10, 191,3 Mr. James L. Cellars, of Astoria, Oreg., for the Company. Mr. J. W. MacClements, of Portland, Oreg., for the Operating Engineers. Mr. Henry B. Niernela, of Astoria, Oreg., for the CIO. Mr. Glenn L. Moller, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by International Union of Operating Engineers, Local Union No. 87, affiliated with the AFL, herein called the Operating Engineers , alleging that a question affecting commerce had arisen concerning the representation of employees of Columbia River Packers Association, Inc., Astoria, Oregon, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John E. Hedrick, Trial Examiner. Said hearing was held at Astoria, Oregon, on July 27, 1943. The Company, the Operating Engineers, and Columbia River Fishermen's Protective Union, CIO, herein called the CIO appeared, participated, and were afforded full opportunity to be heard, to exam- ine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Company objected to the jurisdiction of the Board on the, ground that there was a contract in effect for more than 3 months prior to the filing of the petition without a complaint having been filed, contending that the Board may not conduct representation proceedings under such circumstances because of recent legislation by the Congress of the United States. We find this contention to be without merit., The Trial Examiner's rulings made at-the hearing 1 Matter of California Door Company, 52 N. L . R. B 68. This decision contains a thorough discussion of the contention here made by the Company. 52 N. L. R. B., No. 84. 535 536 DECISIONS OF NATIONAL LABOR RIELATIONmB BOARD are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Columbia River Packers Association, Inc., an Oregon corporation with its principal office in Astoria, Oregon, is engaged in the busi- ness of canning, processing, and distributing fish and other sea food. The Company maintains 5 processing plants, 2 of which are located in Alaska. The remaining 3 plants consist of a cannery at Altoona, Washington, another cannery at Ellsworth, Washington, and a cold storage plant at Astoria. In addition, the Company operates a ship- yard, a machine shop, a can factory, and 35 stations for receiving and handling fish. The Company's entire operations are administered through its main office at Astoria, Oregon. Only the Company's Astoria plant operations are herein involved. Approximately 90 per- cent of the products of the Astoria plant is shipped to points outside the State of Oregon. During the year 1942, the Company's sales amounted to approximately $6,000,000. The Company admits and we find `that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union of Operating Engineers, Local Union No. 87, affiliated with the American Federation of Labor, is a labor organiza- tion admitting to membership employees of the Company. Columbia River Fishermen's Protective Union, affiliated with the Congress of Industrial Organizations, is a labor organization admit- ting to membership employees of the Company. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION IN AN APPROPRIATE BARGAINING UNIT In November or December 1942, the Operating Engineers requested the Company to accord it recognition as the exclusive bargaining representative of all operating engineers and apprentices in ,the Com- pany's employ. The Company refused to recognize the Operating Engineers on the ground that the unit sought by the Operating Engi- neers was inappropriate and for the further reason that the employees involved were covered by the terms of an existing contract with the .CIO. In view of our decision in this case, it is unnecessary to con- sider the contention of the Company with respect to the contract. COLUMBIA RIVER PACKERS ASSOCIATION, INC. 537 The Operating Engineers in its petition seeks a unit consisting of all operating engineers and apprentices at the Company's fish canneries at Astoria, Oregon. At the hearing it developed that the unit which the Operating Engineers is seeking consists of all employees at the cold storage plant whose duties are to watch and maintain the re- frigeration machinery, control the temperatures, and keep the machin- ery in operation. The Company and the CIO contend that the em- ployees herein involved should not be set apart in a separate bargaining unit, but are a part of the industrial unit presently covered by a con- tract between the Company and the CIO. The Company's cold storage plant is in a separate building located about 1 mile from the can- nery. There are four employees in the cold storage plant who appear to fit the description of the type of employees which the Operating Engineers contends should constitute a separate appropriate unit. One of these men is considered by the Company to be a qualified oper- ating engineer, capable of making repairs on the machinery and super- vising their operation. He has charge of the activities of the other employees herein involved while they are performing duties relating to the care and operation in the refrigeration machinery. He has author- ity to hire, discipline, and discharge. Clearly, therefore, he would be excluded from any unit which we might find appropriate, whether in- dustrial or craft in character. As to the remaining employees whom the Operating Engineers contends should constitute a ,separate unit, the evidence, while in some respects inadequate, indicates that the group sought does,not constitute a craft. Moreover, the employees who, according to the Operating Engineers, constitute an appropriate unit, are not skilled craftsmen and there are other employees in the cold storage plant whose duties it would be difficult to distinguish from theirs. It also appears that there are other employees at the cannery whose duties are similar to many of the duties of the employees herein involved. We find, upon the present record, that the unit here sought is not appropriate for the purposes of collective bargaining. We accordingly find that no question has arisen concerning the representation of employees of the Company in an appropriate bar- gaining unit. The petition for investigation and certification of repre- sentatives will be dismissed. ORDER Upon the basis of the foregoing findings of fact and the entire record in the case the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives filed by International Union of Operating Engineers, Local Union No. 87, affiliated with the AFL, be, and it hereby is, dismissed. CJIAIRMAN MILLis took no part in the consideration of the above Decision and Order.