Pacific American Fisheries, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1940

28 N.L.R.B. 244 (N.L.R.B. 1940)

In the Matter Of PACIFIC AMERICAN FISHERIES, INC. and OFFICE
EMPLOYEES' UNION, #21486, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Case No. R-2111.-Decided November 30, 1940
Jurisdiction : fish canning industry.
Investigation and Certification of Representatives : existence of question :
dispute as to appropriate unit ; election necessary.
No provision made for participation in election of rival union where
record did not disclose that it claimed any membership within the
appropriate unit. ,
Unit Appropriate for Collective Bargaining : all timekeepers, stenographers,
billing clerks, and others engaged in keeping records, books, etc., as office
employees, excluding storekeepers, first-aid men, stockroom men, traffic men,
bookkeepers, employees with authority to employ or discharge or who can
recommend employment or discharge of other employees, private or•confiden-
tial secretaries, and officers of the Company.
Kerr, ' McCord d Carey, by Mr. Stephen V. Carey, of Seattle,
Wash., for the Company.
Mr. Samuel B. Bassett, of Seattle, Wash., for the A. F. of L.
Mr. George Lane, of Seattle, Wash., for the C. I. O.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE -
On April 8, 1940, Office Employees' Union, #21486, herein called
the A. F. of I.., filed with the Regional Director for the Nineteenth
Region (Seattle, Washington) a petition alleging that a question
affecting commerce, had arisen concerning representation; of em-
ployees of Pacific American Fisheries, Inc., South Bellingham,
Washington, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations' Act, 49 Stat. 449, herein called the
Act. On April 27, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and '
28 N. L. R. B. No. 42.
244
PACIFIC AMERICAN FISHERIES, INC. 245
Article III, Section 3 of National Labor Relations 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 September 26, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
A. F. of L., and Alaska Fishermen's Union, herein called the C. I. O.,
a labor organization claiming to represent employees directly affected
by the investigation? Pursuant to notice, a hearing was held on
October 17 and 18, 1940, at Bellingham, Washington, before Thomas
P. Graham, the Trial Examiner duly designated by the Board. The
C. I. O. moved to intervene in the proceeding and the Trial Exam-
iner granted this motion. All parties were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues- was afforded all parties. At the commence-
ment of the hearing, and again at the conclusion of the hearing, the
A. F. of L. moved to dismiss the petition to intervene on the ground
that the C. I. O. showed no substantial interest in this proceeding.
The Trial Examiner denied the motion. During the course of the
hearing the Trial Examiner made ' several rulings upon other mo-
tions and upon objections to the admissibility 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. The C. I. O. and the Company each filed a brief 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 COMPANY
Pacific American Fisheries, Inc., a, Delaware corporation, has its
office, warehouse, and sales agency at South Bellingham, Washing-
ton. It is primarily engaged in the business of canning fish, chiefly
salmon, in Alaska. For its Alaska fishing-grounds and canneries in
1940 the Company bought raw materials consisting of salt, seines,
and trap wire to the value of one million dollars, all of which were
shipped from Washington with the exception of trap wire bought in
Alaska. In 1940 the Company packed 650,000 cases of salmon, valued
in excess of three million dollars, all of which were shipped to
Washington and thereafter to various States and foreign countries.
1 Service of notice of hearing was also made on United Cannery, Agriculture , Packing
and Allied workers of America , Locals , Nos. 226, 227 , 237, and United Office & Professional
Workers of America , Local 35. None of these ' parties appeared at the hearing; '
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Office Employees' Union #21486, is a labor organization affiliated
with the American Federation of Labor.
Alaska Fishermen's Union is a labor organization affiliated with
the International Fishermen and Allied Workers of America and
with the Congress of Industrial Organizations.
These organizations admit to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
In March 1940 the A. F. of L. began organizing office employees
working in the Washington office of the Company, some of whom
worked during the season in the Company's Alaska canneries. Some
employees signed membership cards and attended an organization
meeting held on March 25. About April 1 a representative of the
A. F. of L. presented a contract to the Company covering such
employees and some evidence of its right to represent them as bar-
gaining agent. The Company questioned its majority and disagreed
in respect to its proposed bargaining unit. In view of the approach-
ing fishing season and the necessary departure of some employees for
work in Alaska, it was agreed to postpone further consideration of
the matter until the fall. On April 8, 1940, the A. F. of L. filed its
petition in this proceeding.
The statement prepared by a Field Examiner attached to the
Board's Regional Office and introduced into evidence discloses that
the A. F. of L. has been designated by a substantial number of
employees in the appropriate unit.2
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a, close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
between the States and foreign countries, and tends to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
2 The A F. of L. presented to the Field Examiner 21 authorization cards which are dated
between March 13 and April , 15„ 1940, and appear to bear genuine signatures of employees
in the unit set forth in the petition . The number of employees in the appropriate unit at
the time of the hearing was approximately, 24.
r PACIFIC AMERICAN 'FISHERIES , INC:, 247
V. THE APPROPRIATE UNIT
The A. F. of L. states in its petition that the unit appropriate for
collective bargaining includes bookkeepers, storekeepers, stockroom
men, first-aid men, timekeepers, stenographers, billing clerks, traffic
men, and others engaged in keeping records, books, etc., as office
employees, except those with authority to employ and discharge or
who can recommend employment or discharge of other employees,
those in positions of private or confidential secretaries, and officers
of the Company.3 At the commencement of the hearing it amended
its petition to exclude stockroom men and traffic men. In the course
of the hearing it again amended its petition to exclude all employees
in the proposed unit who were not employed for some part of the
year in Alaska.
The C. I. 0. contends that the proposed unit is inappropriate
because storekeepers are included with office employees and because
the fish-canning industry and not a single company properly defines
the scope of the appropriate unit. The Company contends that book-
keepers should be excluded from the unit and that all office workers
should be included within a single unit whether they work continu-
ously in Washington or a part of the year in Alaska .4
The Company is a member of Alaska Salmon Industry Inc., herein
called the Agency.5 The Agency is authorized to establish the labor
policies of its members and negotiate and enforce their labor con-
tracts. It determines general contract terms covering the several
cannery areas in Alaska. Uniform contracts under these terms' are
subsequently entered into between unions and member companies
operating in a given area. The Agency thus negotiates contracts for
about 60 canneries, representing over 90 per cent of salmon-canning
companies and 95 per cent of the industry by volume. Through the
Agency the Company has entered into a series of contracts with the
C. I. 0. for its various canning areas in Alaska covering fishermen
and tender and cannery employees. The Company owns 11 can-
neries in Alaska, but it does not operate all its canneries every sea-
son.' The record discloses no bargaining contracts, however, between
the labor organizations and companies in the fishing industry for
clerical employees or any history of collective bargaining upon the
basis of any unit comprising the clerical employees of all the com-
8 The record indicates that the Company has no employees classified in certain other
categories named in the petition.
4 The Company's contention that the unit be confined to office employees earning not over
$175 per month is apparently due to its desne to exclude bookkeepers from the unit.
There is no evidence to warrant the adoption of this suggestion if more was intended.
5 The Agency was incorporated in January 1940 A similar organization preceded its
formation.
The Company operated seven canneries in the 1940 season.
248 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
panies in the industry. Under these circumstances, we see no -reason
to deny the clerical employees of the Company the benefits of
collective bargaining.
The A. F. of L. included all clerical employees of the Company
in its organization drive without regard to the place where their
work was performed. All are hired in Washington. We find that
clerical employees of the Company including those who work in
Washington and those who work in Alaska and Washington form
,tn integral unit.
A storekeeper is hired by the Company as a summer employee for
the season at each cannery. He operates a retail store on a cash
and credit basis, selling merchandise to employees and natives and
supplying the Company's tenders and mess halls. He keeps such
records of incoming and outgoing supplies as are incidental to mer-
chandising. The bookkeeper supervises his work. In canneries
where a doctor is not resident, the storekeeper functions as first-aid
man for emergencies. When the canneries are closed, certain em-
ployees are retained or hired to function as winter, watchmen and
winter storekeepers for trade with the natives. They are carried on
the Company's pay roll as winter watchmen. The summer store-
keeper often remains over in this dual capacity, but a fisherman or
any other employee may be retained for this job. Fishermen who
may function as winter watchmen are covered by labor contracts in
a fishermen's unit. The Company employs a first-aid man. It does
not appear that he has any clerical duties other than those incident
to his first-aid work. Since it appears that the clerical duties of
storekeepers and first-aid men are merely incidental to their prin-
cipal duties of merchandising and emergency aid, and, in view of the
other circumstances set forth above, we will'exclude them from the
appropriate unit.
A bookkeeper is assigned to each cannery under the supervision
of the comptroller in Washington. , He not only performs usual
bookkeeping duties but acts as purchasing agent, paymaster, and
cashier with some supervisory and discretionary powers. Before
the Alaska season opens, to the bookkeeper's discretion is left the
selection of $10,000 to $12,000 worth of goods for the retail store.
He is bonded as are executive officers of the Company. He has in
his exclusive control between $2,000 and $75,000 in currency during
the fishing season for the payment of wages and local bills, the
amount depending upon the location and size of the cannery. The
bookkeeper signs checks for local bills and wages paid in Alaska,
keeps time for Washington employees, and in the absence of the
superintendent has authority to sign checks for the season's wages
for employees paid before the homecoming boat docks at Washing-
PACIFIC AMERICAN FISHERIES , INC. 249
ton. The bookkeeper is virtually an independent office manager in
Alaska. The superintendent generally has little knowledge of office
work. He is concerned with the fishing and cannery operations.
When the superintendent is absent from the cannery for a day or
overnight to oversee fishing operations or attend a conference, the
bookkeeper is in charge. He receives confidential messages from
the Washington office by telephone. He places insurance on ship-
ihents of salmon under an open policy. Although the superintend-
ent of the cannery normally hires all necessary employees, the book-
keeper is empowered to hire longshoremen to unload or load supplies
on the arrival of a boat in the absence of the superintendent. The
bookkeeper may recommend the 'hiring of other employees. He
supervises the storekeeper. During the winter months the book-
keeper concludes his reports, inventories, tax statements, and pre-
pares for the coming season. The Company regards the bookkeeper
as a confidential and supervisory employee. Since the record clearly
indicates that the bookkeeper's functions place him in the class of
employees that the A. F. of L. proposes to exclude, and, in view of
the circumstances set forth above, we will exclude bookkeepers from
the appropriate unit.
We find that all timekeepers, stenographers, billing clerks, and
others engaged in keeping records, books, etc., as office employees
who are employed by Pacific American Fisheries, Inc., South Belling-
ham, Washington, excluding storekeepers, first-aid men, stockroom
men, traffic men, bookkeepers, employees with authority to employ or
discharge or who can recommend employment or discharge of other
employees, private or confidential secretaries, and officers of the
Company, constitute a unit appropriate for the purpose of collective
bargaining, and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization 'and to collec-
tive bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation of employees
of the Company can best be resolved by, and we shall accordingly
direct, an election by secret ballot.
The record does not disclose that the C. I. 0. claims any member-
ship within, the appropriate unit. We shall not provide for the
participation of the C. I. 0. in the election: Those eligible to vote
in the election shall be employees in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of our Direction of Election, including employees who did not work
during the pay-roll period because they were ill or on vacation and
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees who were then or have since been temporarily laid off,
but excluding employees who have since quit or been discharged for
cause.
On the basis of the above findings of fact and upon the entire
record in the case, the Board, makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Pacific American Fisheries, Inc., South
Bellingham, Washington, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All timekeepers, stenographers, billing clerks, and others en-
gaged in keeping records, books, etc., as office employees who are
employed by Pacific American Fisheries, Inc., South Bellingham,
Washington, excluding storekeepers, first-aid men, stockroom men,
traffic men, bookkeepers, employees with authority to employ or
discharge or who can recommend employment or discharge of other
employees, private or confidential secretaries and officers of the Com-
pany, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article III, Section 8 of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby ,
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Pacific
American Fisheries, Inc., South Bellingham, Washington, an election
by secret ballot shall be conducted as early as possible but not later
than thirty (30) days from the date of this Direction of Election,
under the direction and supervision of the Regional Director for the
Nineteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9 of said
Rules and Regulations among all timekeepers, stenographers, billing
clerks, and others engaged in keeping records, books, etc., as office
employees who were employed by Pacific American Fisheries, Inc.,
South Bellingham, Washington, during the pay-roll period immedi-
ately preceding the date of this Direction of Election, including
employees who did not work during that pay-roll period because they
were ill or on vacation and employees who were then or have since
PACIFIC AMERICAN FISHERIES , INC. 251
been temporarily laid off, but excluding storekeepers, first-aid men,
stockroom men, traffic men, bookkeepers, employees with authority
to employ or discharge or who can recommend employment or dis-
charge of `other employees, private or confidential secretaries, officers
of the Company, and employees who have since' quit or been dis-
charged for cause, to determine whether or not said employees desire
to be represented by Office Employees' Union, #21486, for the
purposes of collective bargaining.
CHAIRMAN HARRY A. MILLIs took no part in the consideration of
the above Decision and Direction of Election.
[SAME TITLE]
ORDER PERMITTING WITHDRAWAL OF PETITION
WITHOUT PREJUDICE
December 23, 1940
The Board, on November 30,.1940, having issued a Decision and
Direction of Election in the above-entitled case, and, thereafter,
Office Employees' Union No. 21486 having filed a motion requesting,
inter alia, that the Board grant it leave to withdraw its petition
in the above-entitled case without prejudice, and the Board having
duly considered the matter,
IT Is HEREBY ORDERED that leave be, and it hereby is, given to
Office Employees' Union No. 21486 to withdraw the said petition, and
that the above-entitled case be, and it hereby is, closed.
28 N. L. R. B., No. 42a. ,