Monterey Sardine Industries, Inc.

National Labor Relations Board - Board Decisions

Aug 6, 1940

26 N.L.R.B. 146 (N.L.R.B. 1940)

III the Matter Of MONTEREY SARDINE INDUSTRIES , INC.; LUCIDO,
INC., OWNER AND OPERATOR OF THE VESSEL "OLYMPIC " ; HORACE
FERRANTE , ANTHONY FERRANTE AND JOSEPH FERRANTE, INDI-
VIDUALLY , AND AS CO-PARTNERS OPERATING THE VESSEL "NEW
ADMIRAL"; A. N. LuCIDO, INDIVIDUALLY , OWNER AND OPERATOR
OF THE VESSEL " ROSE MARIE"; PETER SANFILIPPO , INDIVIDUALLY,
OWNER AND OPERATOR OF THE VESSEL "VIRGINIA II"; O. ENEA,
INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL "ENEAS";
JAMES A. DAVI, INDIVIDUALLY , OWNER AND OPERATOR OF THE
VESSEL "EL PADRE "; DOMINIC NAPOLI , INDIVIDUALLY, OWNER
AND OPERATOR OF THE VESSEL " RANGER"; GAETANO COMPAGNO
AND BENEDETTO COMPAGNO , INDIVIDUALLY , AND AS CO-PARTNERS
OPERATING THE VESSEL " LITTLE FLOWER"; CASINO BRUNO, INDI-
VIDUALLY , OWNER AND OPERATOR OF THE VESSEL " ST. ANTHONY";
SEBASTIAN SOLLECITO AND ANTONIO SOLLECITO , INDIVIDUALLY,
AND AS CO-PARTNERS OPERATING THE VESSEL "NEW ROMA"; JOE
SPADARO, INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL
"MARETTIMO" ; JOSEPH 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 , INDIVIDUALLY , AND AS CO-PARTNERS OPERATING THE
VESSEL "CITY OF MONTEREY "; SAVERIO LONERO , INDIVIDUALLY,
OWNER AND OPERATOR OF THE VESSEL " NORTH STAR"; ANGELO
LUCIDO AND ANTONIO NUOVO , INDIVIDUALLY AND AS CO-PARTNERS
OPERATING THE VESSEL "SHERMAN 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 VENTI-
MIGLIA 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 , INDIVIDUALLY, AND AS CO-PARTNERS OPERATING THE
VESSEL "SERRA"; ERASIMO AIELLO, NINO AIELLO , HORACE BRUNO,
VINCENT BRUNO , STEVE BRUNO, ROSARIO FLORES , ANTONIO
COMPAGNO AND FANNIE VILAR, INDIVIDUALLY, AND AS CO -PARTNERS
OPERATING THE VESSEL " CALIFORNIA ROSE" ; J. G. CRIVELLO,
26 N. L. R. B., No. 19.
146
MONTEREY SARDINE INDUSTRIES, INC. 147
SALVATORE Russo , JOSEPH RUSSO , AND MIKE LUCIDO, INDI-
VIDUALLY , AND AS CO-PARTNERS OPERATING 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 OPERATING 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, INDI-
VIDUALLY , OWNER AND OPERATOR OF THE VESSEL "SEA GIANT";
SALVATORE VENTIMIGLIA AND GIOVANNI GRAMMATICO, INDI-
VIDUALLY AND AS CO-PARTNERS OPERATING THE VESSEL "SUN-
MAID"; ROBIN COMPANY , INC., OWNER AND OPERATOR OF THE
VESSEL "ROBIN"; JOHN MINED AND FRANK MINEO, INDIVIDUALLY,
AND AS CO-PARTNERS OPERATING THE VESSEL "ANADIR" ; ANGELO
MAIORANA , INDIVIDUALLY , OWNER AND OPERATOR OF THE VESSEL
"Dux"; MATTED AIELLO AND JOE RAPPA, INDIVIDUALLY, AND
AS CO-PARTNERS OPERATING THE VESSEL "AMERICAN ROSE";
PHYLIS COMPANY, INC., OWNER AND OPERATOR OF THE VESSEL
"PHYLIS"; SAL COLLETTO , INDIVIDUALLY, OWNER AND OPERATOR
OF THE VESSEL "DANTE ALIGHIERI" ; GAETANO COMPAGNO AND
BENEDETTO COMPAGNO , INDIVIDUALLY , AND AS CO-PARTNERS
OPERATING THE VESSEL "SAN GIOVANNI" ; HORACE MERCURIO,
JACK CAMPO , PAUL ORLANDO AND NINO BILLECI, INDIVIDUALLY,
AND AS CO-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 "OLD TIMER";
PAOLO SOLLAZZO AND FRANK BRUNO, INDIVIDUALLY , AND AS CO-
PARTNERS OPERATING THE VESSEL "ARDITO"; JOE ZERILLI, C.
CIARIAMATORI , C. PALMA, GIOVANNI COMPAGNO AND JOHN LASALA,
INDIVIDUALLY , AND AS CO-PARTNERS OPERATING THE VESSEL "SANTA
RITA"; S. RUCCELLO , SAM BILLECI , AND S. SAIA , INDIVIDUALLY,
AND AS CO-PARTNERS OPERATING THE VESSEL "BELLE HAVEN";
JOHN MINEO AND FRANK MINEO , INDIVIDUALLY , AND AS - CO-
PARTNERS OPERATING THE VESSEL "MINED BROS."; RISO COM-
PANY, INC., AND ANTHONY MARTINOLICH , OWNERS AND OPERATORS
OF THE VESSEL "BELVEDERE" ; SCARDINA COMPANY, INC. AND
ANTHONY MARTINOLICH , OWNERS AND OPERATORS OF THE VESSEL
"STELLA MARIS"; GUISEPPE ALIOTTI AND JOHN ALIOTTI, INDI-
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VIDUALLY, AND AS CO-PARTNERS OPERATING THE VESSEL "JACKIE
Boy"; AIELLO-BRUNO, INC., OWNER AND OPERATOR OF THE VESSEL
"PROGRESS"; S. G. GIUSEPPE FISHING CORPORATION, OWNER
AND OPERATOR OF THE VESSEL "S. G. GIUSEPPE"; SAN VITO, INC.,
OWNER AND OPERATOR OF THE VESSEL "SAN VITO"; S. Russo,
INDIVIDUALLY, OWNER AND OPERATOR OF THE VESSEL "WESTERN
STAR"; MARTIN PETRICH 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 OPERA-
TOR OF THE VESSEL "OCEANIA' ; and UNITED FISHERMEN'S UNION
OF THE PACIFIC
Case No. C-1648.-Decided August 6, 1940
Jurisdiction : fishing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Messrs. John T. McTernan, Leslie Lubliner, and Jonathan H.
Rowell, for the Board.
Hudson, Martin & Ferrante, by Mr. Peter J. Ferrante, of Monterey,
Calif., for the respondent association.
Messrs. Peter J. Ferrante and Robert Littler, of Monterey, Calif.,
for the respondent boat owners.
Messrs. George R. Anderson and Herbert Resner, of San Francisco,
Calif., for the Union.
Miss Mary Metlay, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Fisher-
men's Union of the Pacific, affiliated with the Congress of Industrial
Organizations, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the Twen-
tieth Region (San Francisco, California), issued its complaint and
amended complaint dated April 1, 1940, and July 1, 1940, against
Monterey Sardine Industries, Inc., hereinafter called the respondent
association, and certain of its members, hereinafter collectively called
the respondent boat owners.' The amended complaint alleged that
the respondent association and the respondent boat owners have
I The respondent boat owners are listed and set forth in "Appendix A" attached to the stipulation
MONTEREY SARDINE INDUSTRIES, INC. 149.
engaged is and were engaging in unfair labor practices affecting
commerce , within the meaning of Section 8 ( 1), (3), and (5) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. Copies of the complaint and amended
complaint, together with .notice of hearing thereon,' were duly served
upon the respondent association , the respondent boat owners, and
the Union.
With respect to the unfair labor practices , the complaint alleged in
substance ( 1) that during the entire 1938-1939 Monterey sardine
fishing season and continuously thereafter , the respondent association
and the respondent boat owners threatened , urged, persuaded, and
warned the employees of the respondent boat owners not to remain
members of the Union; (2) that during the entire 1938-1939 Monterey
sardine fishing season and continuously thereafter , the respondent
association and the respondent boat owners , threatened , urged, per-
suaded, and warned the employees of the respondent boat owners to
become and remain members of a labor organization other than the
Union, which organization was not the respresentative of said em-
ployees; (3) that on July 1, 1938, and thereafter , the respondent
association and the respondent boat owners refused and have refused
to bargain collectively with the Union ; (4) that because of the unfair
labor practices of the respondent association and the respondent boat
owners, the employees of the respondent boat owners on November
20, 1938, declared a strike pursuant to which certain of said employees
ceased work; (5) that on December 4 , 1938, and thereafter the re-
spondent association and the respondent boat owners refused upon
request to reinstate the striking employees because of their member-
ship in the Union and their participation in the strike; and (6) that
by the afore-mentioned acts the respondent association and the
respondent boat owners interfered with, restrained , and coerced the
employees of the respondent boat owners in the exercise of the rights
guaranteed in Section 7 of the Act.
On July 29 , 1940, before any hearing was held, the respondent
association , each of the respondent boat owners , with the exceptions
of "Lucido, Inc., owner of the Olympic," and John Gradis, individu-
ally, owner and operator of the vessel "Sea Giant," the Union, and
counsel for the Board entered into a stipulation in settlement of the
case. The stipulation provided as follows:
IT IS HEREBY STIPULATED AND AGREED by and between Monte-
rey Sardine Industries, Inc., (hereinafter called respondent asso-
ciation ), by Peter J. Ferrante, its attorney ; Lucido, Inc ., owner
and operator ' of vessel "Olympic"; Horace Ferrante , Anthony
Ferrante and Joseph Ferrante , individually and as co-partners
operating the vessel "New Admiral"; A. N. Lucido, individually,
323429-42-vol 26-11
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
owner and operator of the vessel "Rose Marie"; Peter Sanfilippo,
individually, owner and operator of the vessel "Virginia II";
0. Enea, individually, owner and operator of the vessel "Eneas";
James A. Davi, individually, owner and operator of the vessel
"El Padre"; Dominic Napoli, individually, owner and operator
of the vessel "Ranger"; Gaetano Compagno and Benedetto Com-
pagno, individually, and as co-partners operating the vessel
"Little Flower"; Casino Bruno, individually, owner and operator
of the vessel "St. Anthony"; Sebastian Sollecito and Antonio
Sollecito, individually, and as co-partners operating the vessel
"New Roma"; Joe Spadaro, individually, owner and operator of
the vessel "Marettimo"; Joseph 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, individually, and
as co-partners operating the vessel "City of Monterey" ; Saverio
Lonero, individually, owner and operator of the vessel "North
Star" ; Angelo Lucido and Antonio Nuovo, individually, and as
co-partners operating the vessel "Sherman 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 Tor-
rente, 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, individually, and as co-partners operating the
vessel "Serra"; Erasimo Aiello, Nino Aiello, Horace Bruno, Steve
Bruno, Vincent Bruno, Rosario Flores, Antonio Compagno and
Fannie Vilar, individually, and as co-partners operating the vessel
"California Rose"; J. G. Crivello, Salvatore Russo, Joseph Russo,
and Mike Lucido, individually, and as co-partners operating 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 Gia-
mona, Horace Giamona and John Giamona, individually, and as
co-partners operating 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, indi-
vidually, owner and operator of the vessel "Sea Giant"; Salvatore
Ventimiglia and Giovanni Grammatico, individually, and as co-
partners operating the vessel "Sunmaid"; Robin Company, Inc.,
MONTEREY SARDINE INDUSTRIES, INC. 151
owner and operator of the vessel "Robin"; John Mineo and Frank
Mineo, individually, and as co-partners operating the vessel
"Anadir"; Angelo Maiorana, individually, owner and operator of
the vessel "Dux"; Matteo Aiello and Joe Rappa, individually,
and as co-partners operating the vessel "American Rose"; Phylis
Company, Inc., owner and operator of the vessel "Phylis"; Sal
Colletto, individually, owner and operator of the vessel "Dante
Alighieri"; Gaetano Compagno and Benedetto Compagno, indi-
vidually, and as co-partners operating the vessel "San Giovanni";
Horace Mercurio, Jack Campo, Paul Orlando and Nino Billeci,
individually, and as co-partners operating the vessel "El Rey" ;
Juanita Company, Inc., owner and operator of the vessel "Juan-
ita"; 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 "Old Timer" ; Paolo Sollazzo and
Frank Bruno, individually, and as co-partners operating the vessel
"Ardito"; Joe Zerilli, C. Ciariamatori, C. Palma, Giovanni Com-
pagno and John Lasala, individually, and as co-partners operating
the vessel "Santa Rita" ; S. Ruccello, Sam Billeci and S. Saia,
individually, and as co-partners operating the vessel "Belle
Haven"; John Mineo 'and Frank Mineo, individually, and as co-
partners operating the vessel "Mineo Bros."; Riso Company, Inc.
and Anthony Martinolich, owners and operators of the vessel
"Belvedere"; Scardina Company, Inc. and Anthony Martinolich,
owners and operators of the vessel "Stella Maris"; Guiseppe
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. Giuseppe Fishing Corporation,
owner and operator of the vessel "S. G. Giuseppe"; San Vito, Inc.,
owner and operator of the vessel "San Vito" S. Russo, individu-
ally, owner and operator of the vessel "Western Star"; Martin
Petrich and Tony Berry, individually, and as co-partners operat-
ing 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", (hereinafter called collec-
tively respondent boat owners), by Peter J. Ferrante and Robert
Littler, attorneys for each of said respondent boat owners,
respectively; United Fishermen's Union of the Pacific (herein-
after called the Union), by George R. Anderson and Herbert
Resner, its attorneys; and John T. McTernan, Leslie Lubliner,
and Jonathan H. Rowell, attorneys for the National Labor
Relations Board, as follows:
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
Respondent association is a non-profit corporation existing
under and by virtue of the laws of the State of California, having
its principal office and place of business in the City of Monterey,
County of Monterey, State of California. Respondent associa-
tion has from January 1, 1937, to date engaged, among its other
activities, as the representative of respondent boat owners as
members of respondent association, in the negotiation and execu-
tion of collective bargaining contracts with the designated
representatives of the employees of said respondent boat owners,
which contracts cover grievances, labor disputes, wages, rates of
pay, hours of employment and conditions of work. For these
purposes respondent association acts directly in the interests of
each of said respondent boat owners as employers. For purposes
of this proceeding, and not otherwise, respondent association
admits that it is an employer within the meaning of Section 2
(1) and (2) of the National Labor Relations Act.
Each of respondent boat owners is engaged in the ownership
or operation of fishing boats used in.the commercial capture of
sardines (California Pilchards). In the course and conduct of
said 'commercial capture of sardines; fishing boats owned or
operated by each of said respondent boat owners operate from
the City of Monterey, California, to points on the high seas
outside the State of California where said sardines are captured
in purse seine nets; after said sardines are captured as aforesaid
each of said boats returns to Monterey, California, where the
sardines so captured are delivered to fish canneries and reduction
plants located and engaged in business at the City of Monterey,
California. Approximately all of the fish reduced or canned at
said fish canneries or reduction plants are purchased from respond-
ent boat owners. Attached to this Stipulation, marked "Exhibit
A" and by this reference made a part hereof, is a table showing
the total tonnage of sardines captured by certain of respondent
boat owners and the approximate value thereof for the 1938-1939
Monterey sardine fishing season, which for the purposes of this
proceeding may be deemed typical of the operations of each of
respondent boat owners parties hereto.
Attached to this Stipulation, marked "Exhibit , B" and by
this reference made a part hereof, is a table showing the names of
the fish cannery and reduction plants located at Monterey to
which the sardines caught by respondent boat owners as afore-
said are sold and delivered, the volume of the sardines canned or
reduced by each and the amount thereof shipped to points out-
side the State of California, for the 1938-1939 Monterey sardine
MONTEREY SARDINE INDUSTRIES , INC. 153
fishing season , which for the purposes of this proceeding may be
deemed typical of the operations of each of said fish cannery and
reduction plants respectively.
For the purpose of this proceeding , and not otherwise, respond-
ent boat owners, severally and collectively, stipulate to the above
facts and admit that they, and each of them, are engaged in
interstate commerce within the meaning of Section 2 (6) and
(7) of the National Labor Relations Act.
II
United Fishermen's Union of the Pacific, affiliated with the
Congress of Industrial Organizations , is a labor organization
within the meaning of Section 2 (5) of the National Labor
Relations Act.
III
All parties hereto, and each of them hereby waive their right
to file an answer to the Amended Complaint of the National
Labor Relations Board filed herein, their right to a hearing and
to appear in person or otherwise and to give testimony and
examine or cross-examine witnesses (as provided in Section 10
(b) of the National Labor Relations Act and in National Labor
Relations Board Rules and Regulations , Series 2, as amended) ;
and all the parties hereto, and each of them, hereby waive the
making of findings of fact and conclusions of law by the National
Labor Relations Board, and all the parties hereto, and each of
them, agree that the formal papers in this proceeding , including
the Third Amended Charge, Amended Complaint, Notice of
Hearing, Affidavit of Service of Amended Complaint and Notice
of Hearing , copy of Rules and Regulations of the National Labor
Relations Board, Series 2, as amended , and this Stipulation, and
nothing else , shall constitute the entire record in this case, and
shall dispense with the necessity for the hearing referred to in
said Amended Complaint and Notice of Hearing and. as provided
in Section 10 (b) and (c) of the National Labor Relations Act.
This waiver and agreement is expressly conditioned upon the
approval of this Stipulation by the National Labor Relations
Board. It is agreed that this Stipulation and the formal papers
in this proceeding , as above described , shall be filed with the
National Labor Relations Board in Washington , D. C., by filing
with the Chief Trial Examiner of said Board.
IV
Without admitting-that-the unfair labor practices alleged in
the Amended Complaint or referred to in the formlofOrder set
154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
forth below have been committed by any of the parties hereto,
and expressly on the understanding that nothing contained in
this Stipulation or in the Order or Decree provided for herein
shall be construed as an admission or finding, express or implied,
that any such unfair labor practices have been committed by any
of the parties hereto, the parties join 'in this Stipulation to the
end that this matter may be amicably and promptly settled.
Therefore, to this end, upon the record herein, and upon this
Stipulation, if and when approved by the National Labor Rela-
tions Board, an Order may forthwith be entered by said Board,
providing as follows:
(1) Respondent association, Monterey Sardine Industries,
Inc., and respondent boat owners, and each of them, as listed and
set forth upon Appendix "A", attached hereto and by this refer-
ence made part hereof, shall cease and desist from:
(a) Discouraging or encouraging membership in any labor
organization of their employees by discharging, demoting or
refusing to reinstate any of their employees or in any manner
discriminating with regard to their hire or tenure of employment
or any term or condition thereof because or on account of their
membership in, activity on behalf of or sympathy toward any
such labor organization;
(b) In any manner interfering with, restraining or coercing
their employees, or any of them, in the exercise of the right to
self-organization, to form, join or assist labor organizations, to
bargain collectively through representatives of their own choosing
and to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection, as guaranteed in
Section 7 of the National Labor Relations Act.
(c) Refusing membership in respondent association, or permits
to fish, to owners of boats seeking to fish out of the Port of
Monterey, because or on account of the membership in, activity
on behalf of, or sympathy toward any labor organization by apy
member of the crew of any such boats, provided, however, that
nothing herein shall prevent the execution and the performance
of the terms of an agreement with a labor organization requiring
as a condition of employment membership therein, if such labor
organization is the representative of the employees as provided
in Section 9 (a) of the National Labor Relations A''ct in the ap-
propriate collective bargaining unit covered by such agreement
when made.
(2) Respondent association, Monterey Sardine Industries, Inc.,
and respondent boat owners, and each of them, as listed and set
forth upon Appendix "A", shall take the following affirmative ac-
tion to effectuate the policies of the National Labor Relations Act:
MONTEREY SARDINE INDUSTRIES, INC. 155
(a) Each of the respondent boat owners whose names appear
upon Appendix "B" of this Order shall offer, in writing, to the
employees listed under the respective names of each of said boat
owners immediate and full reinstatement to their former positions
for the season terminating February 15, 1941, without prejudice
to their rights and privileges, and upon acceptance of such offers
said employees shall be reinstated in accordance with said offers:
Provided that, in the event any of said employees dispose of any
interest as owner in the fishing boat on which they, or any of
them, are ordered reinstated and as part of the transaction
whereby such interest is disposed of said employee also disposes
of his right to be a member of the crew of said boat, the provi-
sions of this Paragraph shall not apply: Provided further, however,
that before any such transaction is consummated the boat owner
involved shall notify any such employee of his right to be rein-
stated in accordance with the provisions of this Order;
(b) In the case of employees to be offered reinstatement, as
provided herein, who may be working in Alaska at the time the
offers of reinstatement are made, such employees shall be offered
reinstatement upon their return from Alaska to the Port of Mon-
terey, provided, however, that in no event shall respondent boat
owners, or any of them, to be required to offer reinstatement to
any such employee who does not return to the Port of Monterey
within six (6) days after arrival from Alaska of such employee
at Seattle or San Francisco.
(c) On the first day of the 1940-41 Monterey sardine fishing
season each respondent boat owner shall post a notice in a con-
spicuous place upon each boat owned or operated by it, and
respondent Monterey Sardine Industries, Inc., shall immediately
post a notice on a bulletin board outside its office at the Old
Municipal Wharf at Monterey, California, each of which said
notices shall be maintained by said respondent for a period of
ninety (90) consecutive days from the date of said posting
and shall contain the following:
(i) Paragraphs (1) and (2) (a) and (b) of this Order in full;
(ii) Notification that the employees in the crew of each of
said boats have the right to form, join or assist any labor organiza-
tion of their choice and to bargain collectively with said boat
owners through said labor organization;
(d) Notify the Regional Director for the Twentieth Region in
writing within ten (10) days from the date of this Order of the
steps taken by respondents, and each of them, to comply with
this Order.
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(3) Those portions of the Amended Complaint alleging that
respondent association , Monterey Sardine Industries , Inc., and
respondent boat owners , and each of them, as listed and set forth
upon Appendix "A" hereof, have engaged in, and are now
engaging in, unfair labor practices within the meaning of Section
8 (5) of the Act, are, except to the extent that said alleged unfair
labor practices are remedied by this Order, hereby dismissed.
V
After the entry of the Order by the National Labor Relations
Board as provided above, there may be entered in the United
States Circuit Court of Appeals for the Ninth Circuit a decree
by said Court enforcing in full the said Order of the National
Labor Relations Board, and each of the parties hereto hereby
consents to the entry of such decree and hereby waives prior
notice thereof . Respondent association and respondent boat
owners, and each of them, severally and collectively, hereby
waive and forego any claim that the Order and the Decree pro-
vided for in this Stipulation are not enforceable and not fully
valid.
VI
Respondent boat owners , and each of them, acting either
directly or through respondent association or otherwise, shall
refuse to recognize any union as the exclusive representative of
their employees who are crew members on the boats listed and
set forth on Appendix "A" of the Order provided for herein
while such boats are operating out of the Port of Monterey, in
any unit, and shall refuse to conclude any agreement concerning
wages, hours or conditions of employment with any such labor
organization as such exclusive representative, until the exclusive
representative of such employees , or any of them , for purposes of
collective bargaining has been determined by the National Labor
Relations Board in accordance with the provisions of Section 9
of the National Labor Relations Act.
VII
If any member of the crew of any boat owned by any of respond-
ent boat owners is, during the 1940 -41 fishing season, refused
permission to work or is prevented from working by anyone
because or on account of his membership in, activity on behalf of,
or sympathy toward any labor organization , the respondent boat
owner employing such crew member shall not operate his boat
during such time as said crew member is refused permission to
work or prevented from working.
MONTEREY SARDINE INDUSTRIES, INC. 157
VIII
It is expressly understood and agreed that this Stipulation and
the Order and Decree provided for herein shall be a complete and
final disposition of all, the issues raised by the charges and
amended complaint in this proceeding, and that no other or
further proceeding, order or decree, other than those provided for
herein, shall be instituted or made with respect to the subject
matters contained in the charges and amended complaint herein
against any of the respondents parties to this stipulation.
IX
Respondent association and respondent boat owners, and
each of them, hereby agree to submit by appropriate petition,
as provided in National Labor Relations Board Rules and
Regulations, Series 2, as amended, for determination by the
National Labor Relations Board, in accordance with the provisions
of Section 9 of the National Labor Relations Act, any and all
questions concerning the representation of the employees in the
crews of the fishing boats owned or operated by respondent
boat owners, and each of them, as described in this Stipulation,
and to be bound thereby.
X
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board.
XI
It is expressly understood and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
appear below, is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise, of any nature
which varies, alters or adds to this Stipulation.
XII
It is expressly understood and agreed that the parties executing
this agreement, or confirming the execution thereof on their
behalf, shall be bound thereby even though others recited to be
parties hereto do not in fact execute this agreement or confirm
the execution thereof.
XIII
This Stipulation is signed by Peter J. Ferrante and Robert
Littler for and on behalf of respondent boat owners as set forth
and described in the preamble hereof and is subject to written
confirmation by each of the managing owners of each of the boats
158 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
hereinabove mentioned, which shall be attached to this Stipula-
tion and made part hereof, but this Stipulation shall be binding
upon such respondent boat owners as execute such written con-
firmations, regardless of any failure of other respondent boat
owners to execute same.
Dated this 29th day of JULY, 1940
APPENDIX A
LucIDO, INC., owner and operator of the vessel "Olympic."
HORACE FERRANTE, ANTHONY FERRANTE, and JOSEPH FERRANTE,
individually, and as co-partners operating the vessel "New
Admiral."
A. N. LuCIDO, individually, owner and operator of the vessel
"Rose Marie."
PETER SANFILIPPO, individually, owner and operator of the
• vessel " Virginia II."
0. ENEA, individually, owner and operator of the vessel "Eneas."
JAMES A. DAVI, individually, owner and operator of the vessel
"El Padre."
DOMINIC NAPOLI, individually, owner and operator of the vessel
"Ranger."
GAETANO COMPAGNO and BENEDETTO COMPAGNO, individually,
and as co-partner soperating the vessel "Little Flower."
CASINO BRUNO, individually, owner and operator of the vessel
"St. Anthony."
SEBASTIAN SOLLECITO and ANTONIO SOLLECITO, individually, and
as co-partners operating the vessel "New Roma."
JOE SPADARO, individually, owner and operator of the vessel
"Marettimo."
JOSEPH 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, individually, and as co-
partners operating the vessel "City of Monterey."
SAVERIO LONERO, individually, owner and operator of the vessel
"North Star."
ANGELO LuCIDO and ANTONIO Nuovo, individually, and as co-
partners operating the vessel "Sherman Rose."
FRANK SPADARO, individually, owner and operator of the vessel
"El Capitan."
S. FERRANTE, MAMIE FERRANTI, M. BILLECI, J. V. CRIVELLO,
GIUSEPPE LUCIDO, and PAOLO CUTINO, individually, and as
co-partners operating the vessel "Vittoria."
MONTEREY SARDINE INDUSTRIES, INC. 159
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, individually, and as co-partners operating the vessel
"Serra."
ERASIMO AIELLO, NINO AIELLO, HORACE BRUNO, VINCENT
BRUNO, STEVE BRUNO, ROSARIO FLORES, ANTONIO COMPAGNO,
and FANNIE VILAR, individually, and as co-partners operating
the vessel "California Rose."
J. G. CRIVELLO, SALVATORE Russo, JOSEPH Russo, and MIKE
LUCIDO, individually, and as co-partners operating 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, individu-
ally, and as co-partners operating 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."
SALVATORE VENTIMIGLIA and GIOVANNI GRAMMATICO, individu-
ally, and as co-partners operating the vessel "Sunmaid."
ROBIN COMPANY, INC., owner and operator of the vessel "Robin."
JOHN MINED and FRANK MINEO, individually, and as co-partners
operating the vessel "Anadir."
ANGELO MAIORANA, individually, owner and operator of the
vessel "Dux."
MATTED AIELLO and JOE RAPPA, individually, and as co-partners
operating the vessel "American Rose."
PHYLIS COMPANY, INC., owner and operator of the vessel"Phylis."
SAL COLLETTO, individually, owner and operator of the vessel
"Dante Alighieri."
GAETANO COMPAGNO and BENEDETTO COMPAGNO, individually,
and as co-partners operating the vessel "San Giovanni."
HORACE MERCURIO, JACK CAMPO, PAUL ORLANDO, and NINO
BILLECI, individually, and as co-partners operating the,, vessel
"El Rey."
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
"Old Timer."
PAOLO SOLLAZZO and FRANK BRUNO, individually, and as co-
partners operating the vessel "Ardito."
JOE ZERILLI, C. CIARIAMATORI, C. PALMA, GIOVANNI COMPAGNO,
and JOHN LASALA, individually, and as co-partners operating
the vessel " Santa Rita."
S. RUCCELLO, SAM BILLECI, and S. SAIA, individually, and as
co-partners operating the vessel "Belle Haven."
JOHN MINEO and FRANK MINEO, individually, and as co-partners
operating the vessel "Mineo Bros."
RISO COMPANY, INC., and ANTHONY MARTINOLICH, owners and
operators of the vessel "Belvedere."
SCARDINA COMPANY, INC., and ANTHONY MARTINOLICH, owners
and operators of the vessel "Stella Maris."
GIUSEPPE 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. GIUSEPPE FISHING CORPORATION, owner and operator of
the vessel "S. G. Giuseppe."
SAN VITO, INC., owner and operator of the vessel "San Vito."
S. Russo, individually, owner and operator of the vessel "Western
Star."
MARTIN PETRICH 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."
APPENDIX B
MATTED AIELLO and JOE RAPPA, individually, and as co-partners
operating the vessel "American Rose."
Matteo Aiello
Joe Gallaro
S. FERRANTE, MAMIE FERRANTE, M. BILLECI, J.'V. CRIVELLO,
GIUSEPPE LUCIDO, PAOLO CUTINO, individually, and as
co-partners operating the vessel "Vittoria."
Ben Aiello
MONTEREY SARDINE INDUSTRIES, INC. 161
J. G. CRIVELLO, SALVATORE RUSSO, JOSEPH RUSSO, and MIKE
LUCIDO, individually, and as co-partners operating the vessel
"Sea Lion."
Paul Aiello
Gus Bruno
Raoul Bruno
Vincenzo Cefalu
Frank Palma
HORACE FERRANTE, ANTHONY FERRANTE, and JOSEPH FER-
RANTE, individually, and as co-partners operating the vessel
"New Admiral."
Natale Aiello
Giacchino Aiello
Francesco Costanza
James Riso
GAETANO COMPAGNO and BENEDETTO COMPAGNO, individually,
and as co-partners operating the vessel "San Giovanni."
Cosimo Bruno
Flamingo Ernandez
SAL COLLETTO, individually, owner and operator of the vessel
"Dante Alighieri."
Dominic Costanza
ANGELO LUCIDO and ANTONIO Nuovo, individually, and as co-
partners operating the vessel "Sherman Rose."
Francisco Cefalu
JOE SPADARO, individually, owner and operator of the vessel
"Marettimo."
Giuseppe Cappuccio
Giuseppe Bucceri
ANGELO MAIORANA, individually, owner and operator of the
vessel "Dux."
Salvatore Cardinalli
NEW SATURNIA COMPANY, INC., owner and operator of the vessel
"New Saturnia."
Sergio Conte
Coseino Violanti
HORACE E. BALBO, SALVATORE BALBO, JACK BALBO, LEONARD
PIAZZA, HORACE CARDINALLI, PETER J. FERRANTE, JOE
FERRANTE, and HORACE CAVALIERI, individually, and as
co-partners operating the vessel "City of Monterey."
Rosario Cardinale
JOE GIAMONA, HORACE GIAMONA, and JOHN GIAMONA, indi-
vidually, and as co-partners operating the vessel "Western
Maid."
Frank Crivello
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SEBASTIAN SOLLECITO and ANTONIO SOLLECITO, individually,
and as co-partners operating the vessel "New Roma.".
Giuseppe Fiore
GAETANO COMPAGNO and BENEDETTO COMPAGNO, individually,
and as co-partners operating the vessel "Little Flower".
Cosimo Favolaro
Joe Flores
GALICIA COMPANY, INC., owner and operator of the vessel
"Galicia".
Fernando Lopez
CARDINALLI COMPANY, INC., owner and operator of the vessel
"Santa Lucia."
Matteo Manzella
S. Russo, owner and operator of the vessel "Western Star".
Vincenzo Russo
SALVATORE VENTIMIGLIA and MARIANO TORRENTE, individually
and as co-partners operating the vessel "New Rex".
Pietro Randazzo
Pietro Roccia
Andrea Salmieri
PETER SANFILIPPO, individually, owner and operator of the vessel
"Virginia II".
Giuseppe Roccia
A. N. LUCIDO, individually, owner and operator of the vessel
"Rose Marie".
Mase Lucido
JOHN GRADIS, individually, owner and operator of the vessel
"Sea Giant".
Jerry Krestolovich
Tony Novak
CASINO BRUNO, individually, owner and operator of the vessel,
"St. Anthony".
Antonio Bellanti
MARIE JOAN COMPANY, INC., owner and operator of the vessel
"Marie Joan".
Tredo Russo
JOSEPH CUSENZA, individually, owner and operator of the vessel
"Old Timer".
Vito Bruno
Antonio Grimaudo
JUANITA COMPANY, INC., owner and operator of the vessel
"Juanita".
Matteo San Paolo
i
MONTEREY SARDINE INDUSTRIES, INC. 163
EXHIBIT A
Name of boat Tonnage Value
Olympic -------------------------------------------------------------
New Admiral-------------------------------------------------------
Rose Marie -----------------------------------------------------------
Virginia II------ -------------------------------------------------
Eneas------------------------------------------------------------
El Padre-------------------------------------------------------------
Ranger--------------------------------------------------------------
Little Flower-------------------------------------------------------
St Anthony------------------------ -------------------------------
New Roma ----------------------------------------------------------
Marettimo----------------------------------------------------------
St Joseph ------------------------------------------------
City of Monterey--------------------------------------------------
North Star -----------------------------------------------------------
Sherman Rose--------------------------------------------------------
El Capitan----------------------------------------------------------
Vittoria-------------------------------------------------------------
New Rex-----------------------------------------------------------
Diana------------------------- ---------------------------
Frances--------------------------------------------------------------
Serra------- -----------------------------------------------
California Rose------------------------------------------------------
Sea Lion -------------------------------------------------------------
Santa Lucia--------------------------------------------------------
New Saturnia --------------------------------------------------------
Marie Joan -----------------------------------------------------------
Western Maid-------------------------------------------------------
Star of Monterey----------------------------------------------------
Galicia---------------------------------------------------------------
Sea Giant ------------------------------------------------------------
Sunmaid ------------ ------------------------------------------------
Robin------------------------------------------------------------- -
Anadir ---------------------------------------------------------------
Dux ---------------------- ------------------------------------------
American Rose -------------------------- ----------------------------
Dante Alighieri ------------------------------------------
Sea Queen-----------------------------------------------------------
Old Timer ---------------------------------------------------------
Belvederp----------------------------------------------------- -----
EXHIBIT B
Canned fish
3,403 16
1,905 37
2, 907 55
2, 827 24
4, 543 73
6,387 29
3, 239 00
4, 187 14
4,183 66
3,746,82
4, 867 05
4 36
2,792.20
4,009 95
2,990 00
5,163 35
3,912 34
3, 235 34
5, 602 31
2, 255 80
3, 900 43
5,022 18
4,695 18
4, 132 43
2, 662 92
804 26
3, 672 93
6,420 16
1,595 06
4,329 32
2,942 75
1,850 99
3,749 13
4,133 93
3,498 12
4, 191 20
79 64
3,820.03
345.40
$37,434 79
20, 959 06
31,983 07
31,099 69
49,981 01
70,260.18
35,628 99
46,058 55
46,020 31
41,215 07
53, 537 50
47 91
30,714 17
44,109 44
32,889 99
56, 796.82
43, 035 71
35,588 78
61, 625.42
24,813 78
42,904 72
55, 243 95
51,646 96
45,456 77
29,292 17
8.846 86
40, 402 23
59,621 79
17,545 61
47,622 57
32.370 21
20, 360 89
41,240 38
45, 473 27
38,479 27
46,103 26
876 04
42,020 37
3, 799 30
Company Totalcases
Total
value
In Cali-
fornia
In other
States
In
foreign
countries
Percent Percent Percent
Hovden Fish Products Corp_____ 105,000 $235 , 000 5 45 50
F. E. Booth Co., Inc__________ 28,425 86,000 10 10 80
San Xavier Fish Packing Company__________ 48,000 108, 000 2 58 40
Sea Pride Packing Corp ., Ltd________________ 108,376 221,561 20 60 20
Monterey Canning Company________________ 47,829 123 , 685 6 52 42
E. B. Gross Canning Company -------------- 62,962 169, 743 2 6 92
Custom House Packing Corp ___ 58,750 128, 000 2 15 83
San Carlos Canning Company 125,000 275,000 1 24 75
Del Mar Canning Company__________________ 124,313 367 , 840 17 58 25
Carmel Canning Company __________________ 29,350 76,313 5 87% 73
Fish meal
Company Totaltons
Total
value
In
Cali-
fornia
In
other
States
Percent Percent
Hovden Food Products Corp___________________________ 2,900 $100,000 90 10
F. E Booth Co , Inc ------------------------------------ 865 37,000 95 5
San Xavier Fish Packing Company_____________________ 1, 257 45, 250 80 20
Sea Pride Packing Corp , Ltd___________________________ 1, 200 51,600 75 25
Monterey Canning Co__________________________________ 1,499 49,467 78 22
E. B. Gross Canning Co-------------------------------- 2,486 90, 942 91 9
Custom House Packing Corp___________________________ 1, 628 63,000 20 80
San Carlos Canning Company__________________________ 3, 500 115, 000 40 60
Del Mar Canning Co...................................
Carmel Canning Company______________________________
2, 580
1,007
100, 987
25,100
100
85
--------15
164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Fish oil
Hovden Food Products Corp___________________________
Gallons
575,000 $150,000
Percent
80
Percent
20
F, E, Booth Company , Inc_____________________________ 155, 000 46, 500 10 90
San Xavier Fish Packing Company--------------------- 250, 000 05,000 40 60
Sea Pride Packing Corp., Ltd--------------------------- 255, 185 63, 796 70 30
Monterey Canning Co__________________________________ 287, 784 89, 213 64 36
E S Gross Canning Co_________________________________ 475, 995 131, 316 63 37
Custom House Packing Co------------------------------ 275, 200 79, 800 60 40
San Carlos Canning Co_________________________________ 775,000 190, 000 50 50
Del Mar Canning Co ----------------------------------- 478, 020 140,777 59 41
Carmel Canning Co_____ _________________ 211, 733 59, 038 25 75
On July 30, 1940, the Board issued its Order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board pursuant to the provisions of the stipulation.
As noted above, Lucido, Inc., owner of the "Olympic," and John
Gradis, individually, owner and operator of the "Sea Giant," have
not signed the foregoing stipulation. We shall not dispose of the
issues of the case with respect to them 2
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent association, a California corporation, having its
principal office and place of business in Monterey, California, is a
non-profit corporation, engaged, among its other activities, in repre-
senting its members, respondent boat owners, in the negotiation and
execution of collective bargaining contracts with the designated
representatives of the employees of the respondent boat owners.
For the purpose of this proceeding the respondent association admits
that it is an employer within the meaning of Section 2 (1) and (2)
of the Act.
The respondent boat owners are engaged in the ownership and
operation of fishing boats used in the commercial capture of sardines.
The fishing boats operate from Monterey, California, to points on the
high seas outside the State of California. The captured fish are sold
and delivered to fish canneries and reduction plants located in
Monterey, California. Sardines amounting to approximately $1,475,-
000 were captured by certain of the respondent boat owners during
the 1938-1939 Monterey sardine fishing season. During the same
fishing season the canneries and reduction plants to which the respond-
ent boat owners delivered the sardines, canned approximately
2,900.000 cases of sardines, and reduced sardines to approximately
18,922 tons of fish meal and 3,738,000 gallons of fish oil. Most of
2 Hereafter the term "respondent boat owners" shall not be taken to include Lucido , Inc , owner of the
"Oymlpic, " and John Grades , individually, owner and operator of the "Sea Giant."
MONTEREY SARDINE INDUSTRIES, INC. 165
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 wasishipped outside the State of California.'
The respondent boat owners admit, for the purpose of this proceed-
ing, that they are engaged in interstate commerce within the meaning
of Section 2 (6) and (7) of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States and
with foreign countries.
ORDER
Upon the basis of the above findings of fact and stipulation and the
entire record in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent association, Monterey Sardine Industries,
Inc., Monterey, California, and the respondent boat owners, as listed
and set forth in Appendix "A" attached hereto, their officers, agents,
successors, and assigns, shall:
1. Cease and desist from:
(a) Discouraging or encouraging membership in any labor organi-
zation of their employees by discharging, demoting or refusing to
reinstate any of their employees or in any manner discriminating
with regard to their hire or tenure of employment or any term or
condition thereof because or on account of their membership in,
activity on behalf of or sympathy toward any such labor organization;
(b) - In any manner interfering with, restraining or coercing their
employees, or any of them, in the exercise of the right to self-organi-
zation, to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing and to engage
in concerted activities for the purpose of collective bargaining or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act.
(c) Refusing membership in respondent association, or l,'ermits to
fish, to owners of boats seeking to fish out of the Port of Monterey,
because or on account of the membership in, activity on behalf of,
or sympathy toward any labor organization by any member of the
crew of any such boats, provided, however, that nothing herein shall
prevent the execution and the performance of the terms of an agree-
ment with a labor organization requiring as a condition of employ-
ment membership therein, if such labor organization is the representa-
tive of the employees as provided in Section 9 (a) of the National
Labor Relations Act in the appropriate collective bargaining unit
covered by such agreement when made.
3 We find that the precise amount of canned sardines , fish meal, and fish oil that was shipped to points
outside the State of California is shown on "Exhibit B," attached to the stipulation
323429-42-vol. 26 -12
166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Each of the respondent boat owners whose names appear
upon Appendix "B" of this Order shall offer, in writing, to the em-
ployees listed under the respective names of each of said boat owners
immediate and full reinstatement to their former positions for the season
terminating February 15, 1941, without prejudice to their rights and
privileges, and upon acceptance of such offers said employees shall be
reinstated in accordance with said offers: Provided that, in the event
any of said employees dispose of any interest as owner in the fishing
boat on which they, or any of them, are ordered reinstated and as
part of the transaction whereby such interest is disposed of said
employee also disposes of his right to be a member of the crew of said
boat, the provisions of this Paragraph shall not apply: Provided
further, however, that before any such transaction is consummated
the boat owner involved shall notify any such employee of his right
to be reinstated in accordance with the provisions of this Order;
(b) In the case of employees to be offered reinstatement, as pro-
vided herein, who may be working in Alaska at the time the offers
of reinstatement are made, such employees shall be offered reinstate-
ment upon their return from Alaska to the Port of Monterey, pro-
vided,' however, that in no event shall respondent boat owners, or
any of them, to be required to offer reinstatement to any such em-
ployee who does not return to the Port of Monterey within six (6)
days after arrival from Alaska of such employee at Seattle or San
Francisco.
(c) On the first day of the 1940-41 Monterey sardine fishing season
each respondent boat, owner shall post a notice in a conspicuous
place upon each boat owned or operated by it, and respondent Mon-
terey Sardine Industries, Inc., shall immediately post a notice on a
bulletin board outside its office at the Old Municipal Wharf at Mon-
terey, California, each of which said notices shall be maintained by
said respondent for a period of ninety (90) consecutive days from the
date of said posting and shall contain the following:
(i) Paragraphs (1) and (2) (a) and (b) of this Order in full;
(ii) Notification that the employees in the crew of each of said
boats have the right to form, join or assist any labor organization of
their choice and to bargain collectively with said boat owners through
said labor organization;
(d) Notify the Regional Director for the Twentieth Region in
writing within ten (10) days from the date of this Order of the steps
taken by respondents, and each of them, to comply with this Order.
IT IS FURTHER ORDERED that those portions of the Amended Com-
plaint alleging that respondent association, Monterey Sardine In-
dustries, Inc., and respondent boat owners, and each of them, as
MONTEREY SARDINE INDUSTRIES, INC. 167
listed and set forth upon Appendix "A" hereof, have engaged in, and
are now engaging in, unfair labor practices within the meaning of
Section 8 (5) of the Act, are, except to the extent that said alleged
unfair labor practices are remedied by this Order, hereby dismissed.
MR. WILLIAM M. LEISERSON dissenting: I dissent from the fore-
going Decision and Order.
APPENDIX A
HORACE FERRANTE, ANTHONY FERRANTE and JOSEPH
FERRANTE, individually, and as co-partners operating the
vessel "New Admiral"
A. N. LUCIDO, individually, owner and operator of the vessel
"Rose Marie"
PETER SANFILIPPO, individually , owner and operator of the
vessel "Virginia II"
0. ENEA, individually, owner and operator of the vessel "Eneas"
JAMES A. DAVI, individually, owner and operator of the vessel
"El Padre"
DOMINIC NAPOLI, individually, owner and operator of the vessel
"Ranger"
GAETANO COMPAGNO and BENEDETTO COMPAGNO, in-
dividually, and as co-partners operating the vessel "Little Flower"
CASINO BRUNO, individually, owner and operator of the vessel
"St. Anthony"
SEBASTIAN SOLLECITO and ANTONIO SOLLECITO, indi-
vidually , and as co-partners operating the vessel "New Roma"
JOE SPADARO, individually,' owner and operator of the vessel
"Marettimo"
JOSEPH CUSENZA, individually, owner and operator of the vessel
"St. Joseph"
HORACE E. BALBO, SALVATORE BALBO, JACK BALBO,
LEONARD PIAZZA, HORACE CARDINALLI, PETER J. FER-
RANTE, JOE FERRANTE, and HORACE CAVALIERI, indi-
vidually, and as co-partners operating the vessel "City of Monterey"
SAVERIO LONERO, individually , owner and operator of the vessel
"North Star"
ANGELO LUCIDO and ANTONIO NUOVO, individually, and as
co-partners operating the vessel "Sherman Rose"
FRANK SPADARO, individually, owner and operator of the vessel
"El Capitan"
S. FERRANTE, MAMIE FERRANTE, M. BILLECI, J. V.
CRIVELLO, GIUSEPPE LUCIDO, and PAOLO CUTINO, in-
dividually, and as co-partners operating the vessel "Vittoria"
SALVATORE VENTIMIGLIA and MARIANO TORRENTE,
individually, and as co-partners operating the vessel "New Rex"
168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
PETER MAIORANA, individually, owner and operator of the vessel
"Diana"
E. S. LUCIDO, A. E. LUCIDO, SALVATORE LUCIDO, and
FRANK LUCIDO, individually, and as co-partners operating the
vessel "Serra"
ERASIMO AIELLO, NINO AIELLO, HORACE BRUNO, VIN-
CENT BRUNO, STEVE BRUNO, ROSARIO FLORES, AN-
TONIO COMPAGNO, and FANNIE VILAR, individually, and
as co-partners operating the vessel "California Rose."
J. G. CRIVELLO, SALVATORE RUSSO, JOSEPH RUSSO, and
MIKE LUCIDO, individually, and as co-partners operating 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 operating the vessel "Western
Maid."
RAOUL BRUNO, TOM DiMAGGIO, and JOHN RUSSO, indi-
vidually, and as co-partners operating the vessel " Star of Monterey."
GALICIA COMPANY, INC., owner and operator of the vessel
" Galicia."
SALVATORE VENTIMIGLIA and GIOVANNI GRAMMATICO,
individually, and as co-partners operating the vessel "Sunmaid."
ROBIN COMPANY, INC., owner and operator of the vessel "Robin."
JOHN MINEO and FRANK MINEO, individually, and as co-
partners operating the vessel "Anadir."
ANGELO MAIORANA, individually, owner and operator of the
vessel "Dux."
MATTEO AIELLO and JOE RAPPA, individually, and as co-
partners operating the vessel "American Rose"
PHYLIS COMPANY, INC., owner and operator of the vessel
"Phylis"
SAL COLLETTO, individually, owner and operator of the vessel
"Dante Alighieri"
GAETANO COMPAGNO and BENEDETTO COMPAGNO, indi-
vidually, and as co-partners operating the vessel "San Giovanni"
HORACE MERCURIO, JACK CAMPO, PAUL ORLANDO, and
NINO BILLECI, individually, and as co-partners operating the
vessel "El Rey"
JUANITA COMPANY, INC., owner and operator of the vessel
"Juanita"
MONTEREY SARDINE INDUSTRIES, INC. 169
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
"Old Timer"
PAOLO SOLLAZZO and FRANK BRTJNO, individually, and as co-
partners operating the vessel "Ardito"
JOE ZERILLI, C. CIARIAMATORI, C. PALMA, GIOVANNI
COMPAGNO, and JOHN LASALA, individually, and as co-
partners operating the vessel "Santa Rita"
S. RUCCELLO, SAM BILLECI, and S. SAIA, individually, and as
co-partners operating the vessel "Belle Haven"
JOHN MINEO and FRANK MINEO, individually, and as co-
partners operating the vessel "Mineo Bros."
RISO COMPANY, INC., and ANTHONY MARTINOLICH,
owners and operators of the vessel "Belvedere"
SCARDINA COMPANY, INC., and ANTHONY MARTINOLICH,
owners and operators of the vessel "Stella Maris"
GIUSEPPE 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. GIUSEPPE FISHING CORPORATION, owner and operator
of the vessel "S. G. Giuseppe"
SAN VITO, INC., owner and operator of the vessel "San Vito"
S. RUSSO, individually, owner and operator of the vessel "Western
Star"
MARTIN PETRICH 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"
APPENDIX B
MATTEO AIELLO and JOE RAPPA, individually, and as co-part-
ners operating the vessel "American Rose"
Matteo Aiello
Joe Gallaro
S. FERRANTE, MAMIE FERRANTE, M. BILLECI, J. V.
CRIVELLO, GIUSEPPE LUCIDO, PAOLO CUTINO, individu-
ally, and as co-partners operating the vessel "Vittoria,"
Ben, Aiello
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
J. G. CRIVELLO, SALVATORE RUSSO, JOSEPH RUSSO, and
MIKE LUCIDO, individually, and as co-partners operating the
vessel "Sea Lion"
Paul Aiello
Gus Bruno
Raoul Bruno
Vincenzo Cefalu
Frank Palma
HORACE FERRANTE, ANTHONY FERRANTE, and JOSEPH
FERRANTE, individually, and as co-partners operating the vessel
"New Admiral"
Natale Aiello
Giacchino Aiello
Francesco Costanza
James Riso
GAETANO COMPAGNO and BENEDETTO COMPAGNO, indi-
vidually, and as co-partners operating the vessel "San Giovanni"
Cosimo Bruno
Flamingo Ernandez
SAL COLLETTO, individually, owner and operator of the vessel
"Dante Alighieri"
Dominic Costanza
ANGELO LUCIDO and ANTONIO NUOVO, individually, and as
co-partners operating the vessel "Sherman Rose"
Francisco Cefalu
JOE SPADARO, individually, owner and operator of the vessel
"Marettimo"
Giuseppe Cappuccio
Giuseppe Bucceri
ANGELO MAIORANA, individually, owner and operator of the
vessel "Dux"
Salvatore Cardinalli
NEW SATURNIA COMPANY, INC., owner and operator of the
vessel "New Saturnia"
Sergio Conte
Coseino Violanti
HORACE E. BALBO, SALVATORE BALBO, JACK BALBO,
LEONARD PIAZZA, HORACE CARDINALLI, PETER J.
FERRANTE, JOE FERRANTE, and HORACE CAVALIERI,
individually, and as co-partners operating the vessel "City of
Monterey"
Rosario Cardinale
JOE GIAMONA, HORACE GIAMONA, and JOHN GIAMONA,
individually, and as co-partners operating the vessel "Western
Maid"
Frank Crivello
MONTEREY SARDINE INDUSTRIES, INC. 171
SEBASTIAN SOLLECITO and ANTONIO SOLLECITO, individu-
ally, and as co-partners operating the vessel "New Roma"
Giuseppe Fiore
GAETANO COMPAGNO and BENEDETTO COMPAGNO, in-
dividually, and as co-partners operating the vessel "Little Rower"
Cosimo Favolaro
Joe Flores
GALICIA COMPANY, INC., owner and operator of the vessel
" Galicia"
Fernando Lopez
CARDINALLI COMPANY, INC., owner and operator of the vessel
"Santa Lucia"
Matteo Manzella
S. RUSSO, owner and operator of the vessel "Western Star"
Vincenzo Russo
SALVATORE VENTIMIGLIA and MARIANO TORRENTE, in-
dividually, and as co-partners operating the vessel "New Rex"
Pietro Randazzo
Pietro Roccia
Andrea Salmieri
PETER SANFILIPPO, individually, owner and operator of the
vessel "Virginia II"
Giuseppe Roccia
A. N. LUCIDO, individually, owner and operator of the vessel
"Rose Marie"
Mase Lucido
CASINO BRUNO, individually, owner and operator of the vessel
"St. Anthony"
Antonio Bellanti
MARIE JOAN COMPANY, INC., owner and operator of the vessel
"Marie Joan"
Tredo Russo
JOSEPH CUSENZA, individually, owner and operator of the vessel
"Old Timer"
Vito Bruno
Antonio Grimaudo
JUANITA COMPANY, INC., owner and operator of the vessel
"Juanita"
Matteo San Paolo