New England Fish Co. of Oregon

National Labor Relations Board - Board DecisionsSep 13, 1943

52 N.L.R.B. 552 (N.L.R.B. 1943)

In the Matter of NEW ENGLAND FISH COMPANY OF OREGON and INTER- NATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION No. 87, AFFILIATED WITH THE A. F. OF L. Case No. R-5765.-Decided September 13, 1943 Mr. Henry Goodrich, of Astoria, Oreg., for the Company. Mr. J. W. MacClements, of Portland, Oreg., for the Operating Engineers. Mr. Henry Niemela, of Astoria, Oreg., for the CIO. Mr. Glenn L.'Moller, of counsel to the Board. DECISION AN D ORDER STATEMENT OF THE CASE Upon petition duly filed by International Union of Operating En- gineers, Local Union No. 87, affiliated with the A. F. of L., herein called the Operating Engineers, alleging that a question affecting com- merce had arisen concerning the representation of employees of New England Fish Company of Oregon, 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 28y 1943. The Company, the Operating Engineers, and Columbia River Fishermen's Protective Union, C. I. 0., herein called the CIO, ap- peared, participated, and were afforded full opportunity to be heard, to, examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing 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 New England Fish Company of Oregon is an Oregon corporation, a subsidiary of the New England Fish Company. The principal office 52 N. L . R. B., No. 90. 552 N NEW ENGLAND FISH COMPANY OF OREGONI 553 and plant of the Company is at Astoria, Oregon, where it is engaged in the business of, cleaning and filleting fresh and frozen fish. No, canning is done at the Astoria plant . The Company maintains a plant at Winchester Bay, Oregon , where it cans crabs . It also has, fresh fish plants at Newport , Oregon, and Depot Bay, Oregon. Dur- ing the first 6 months of 1943, the Company handled at its Astoria plant, the only operation here involved , 8,000,000 pounds of fish, 95 percent of which was shipped from the Astoria plant to points outside, the State of Oregon. The Company's operations at Astoria include- the operation of a cold storage department where the Company freezes, fish and manufactures ice for use in the other departments of the plant. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS 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 The Operating Engineers in its petition contends that all operating- engineers and apprentices in the employ of the Company at its Astoria plant constitute an appropriate unit. The Company and the CIO take the position that only an industrial unit is appropriate and contend further that an existing contract between the Company and the CIO, covering an industrial unit covers the employees here involved and is therefore a bar to this proceeding. Although the record is not clear with respect to the coverage of the contract, our decision in this case makes it unnecessary to decide whether or not the contract is a bar. The Company has five employees who devote varying portions of their time to the care and maintenance of the Company 's refrigera- tion equipment . The Company 's equipment is new and it is almost entirely automatic , requiring little attention . One of the five em= ployees mentioned above is a skilled engineer . He is in charge of the- refrigeration machinery and supervises the activities of the other four- men when their work relates to the operation of the machinery. The record indicates that he has authority to hire, so he would be ex- cluded from any bargaining unit which we might find appropriate. The remaining four employees , in addition to checking the tempera- t 554 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD ture in the cold storage room, also haul ice about the plant, a common laboring function, and act as watchmen. Only about one-third of their time is spent at the functions which it is contended makes them operating engineers. It is apparent, therefore, that these men can just as reasonably be classified as watchmen or as laborers. On the basis of the record before us, we find that the employees here involved do not constitute a distinguishable or identifiable craft unit. Accordingly, we find that no question has arisen concerning the representation of employees of the Company in an appropriate unit. The petition for investigation and certification of representatives 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 A. F. of L., be, and it hereby is, dismissed. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Order.