Union Fishermen's Co-Op Packing Co.

National Labor Relations Board - Board DecisionsSep 10, 1943

52 N.L.R.B. 541 (N.L.R.B. 1943)

In the Matter of UNION FIsHmmEN's Co-OP, PACKING COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION No. 87, AFFILIATED WITH THE AFL Case No. R 576/4.Decided September 10, 1943 Mr. Frithiof Kankkonen, 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 AND ORDER STATEMENT OF THE CASE Upon petition duly filed by International Union of Operating En- gineers, 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 Union Fish- ermen's Co-Op Packing Company, Astoria, Oregon, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before John E. Hedrick, Trial Examiner. Said hearing was held at Astoria, Oregon, on July 28, 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 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 1. THE BUSINESS OF THE COMPANY Union Fishermen's Co-op Packing Company, an Oregon corporation with its principal office and place of business at Astoria, Oregon, is 52 N. L. It. B., No. 8E. 541 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engaged in the business of canning and preserving salmon and tuna fish. During the year 1942, the Company packed 150,000 cases of fish valued at approximately $1,600,000. Approximately 95 percent of the products of the Company was shipped from the Astoria plant to points outside the State of Oregon. The Company employs about 200 persons during the peak season and maintains a year-round pay roll of about 30 employees. The Company maintains a cold storage department in the same building in which the rest of its operations are conducted. 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 In November or December 1942, the Operating Engineers requested recognition by the Company as the exclusive bargaining representative of the employees of the Company here involved and the Company refused to extend such recognition. The Operating Engineers in its petition contends that all operating engineers and apprentices in the Company's employ constitute an appropriate bargaining unit. At the hearing, the Operating Engi- -neers explained that the above-described unit consisted of the two employees of the Company whose duty it is to maintain and control the refrigeration equipment in the cold storage department. These two employees are not highly skilled and are not capable of repairing the cold storage equipment. In addition to watching the machinery and controlling the temperature in the cold storage department, these men also fire the boilers of the canneries and act as watchmen. While one is on duty, controlling the temperature in the cold storage room or firing the boilers in the cannery, the other acts as watchman for the entire plant. The Operating Engineers is here seeking to establish what it contends is a craft unit of engineers. The evidence indicates, however, that these men can just as reasonably be classified as watch- men or firemen. In fact, the only evidence that they are engineers UNION FISHERMEN'S CO-OP PACKING COMPANY 543 is evidence- that they "watch the temperature." It appears from the record that the two men here involved do not constitute a distinguish- able or identifiable craft unit. Accordingly, we 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 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, affiliates with the AFL, be, and it hereby is, dismissed. CHAIRMAN MiLLIS took no part in the consideration of the above Decision and Order.