Alaska Glacier Sea Food Co.

National Labor Relations Board - Board Decisions

Jun 9, 1938

7 N.L.R.B. 794 (N.L.R.B. 1938)

In the Matter of ALASKA GLACIER SEA FOOD COMPANY, A CORPORATION
and CANNERY WORKERS AND FARM LABORERS UNION LOCAL No. 222
Case No. C-490.-Decided June 9, 1938
Shrimp and Crab Canning Industry-Settlement : agreement to comply with
Act-Order: entered on stipulation.
Mr. 0. L. Patterson, for the Board.
Mr. N. C. Banfcelrl, of Juneau, Alaska, for the respondent.
Mr. Harry E. Selekman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Cannery Workers
and Farm Laborers Union, Local No. 222,1 herein called Local No.
222, the National Labor Relations Board, herein called the Board,
by Charles H. Hope, the Regional Director for the Nineteenth Region
(Seattle, Washington) issued a complaint, dated February 19, 1938,
against Alaskan Glacier Sea Food Company, Ine.,2 Petersburg,
Alaska, herein called the respondent, alleging that the respondent
had engaged in and was 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. The complaint alleged in substance that
the respondent had sponsored, dominated, and interfered with a
labor organization known as Federal Labor Union, Local No. 21109,
with which it signed a closed-shop contract on September 23, 1937:
that on November 22, 1937, the respondent discharged 23 employees
because of their activities in Local No. 222 and has since that time
refused to reinstate them; and that the respondent has at all times
I On November 30, 1937 , Cannery workers and Farm Laborers Union. Local 7-4, filed
charges herein . On February 2, 1938, Cannery workers and Farm Laborers Union, Local
No. 222, successor to Local 7-4, filed amended charges herein.
2 Incorrectly designated as Alaska Glacier Sea Food Company , a corporation, in the
complaint.
794
DECISIONS AND ORDERS 795
refused to bargain collectively with Local No. 222, although it has
been designated by a majority of the employees as their bargaining
representative. A copy of the complaint, accompanied by notice of
hearing thereon, was duly served upon the respondent and upon Local
No. 222. On March 9, 1938, the respondent filed an answer to the
complaint denying that it had engaged in or was engaging in the
alleged unfair labor practices.
Pursuant to the notice, a hearing was held in Petersburg, Alaska,
on March 16, 17, and 18, 1938, before A. J. Rockwell, the Trial Ex-
aminer duly designated by the Board. The Board and the respond-
ent were represented by counsel. On March 18, 1938, the Board and
the respondent entered into a stipulation effecting a settlement of
the case. The stipulation was introduced as an exhibit and made a
part of the record without objection from any party.
On March 31, 1938, pursuant to Article II, Section 37, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, the Board issued an order transferring the proceedings to
the Board.
Upon'the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF THE RESPONDENT
The respondent, Alaskan Glacier Sea Food Company, Inc., a Wash-
ington corporation having its principal place of business in Peters-
burg, Alaska, operates shrimp and crab canneries in Cordova,
Wrangell, Hoonah, and Petersburg, Alaska. It purchases and re-
ceives by common-carrier vessels about $29,000 worth of salt, acids,
tin packing cans, cartons, and paper from the United States. Ap-
proximately 98 per cent of the finished products are shipped by ves-
sels from the canneries to Seattle, Washington, and to San Francisco,
California. The total average annual sales are $243,000.
The Petersburg plant ships about 98 per cent of its product to
points outside Alaska. It uses approximately $21,000 worth of the
total raw materials purchased by the respondent. The average yearly
sales at the plant are about $190,000.
The aforesaid operations of the respondent constitute trade, traffic,
and commerce within the Territory of Alaska and between it and the
several States of the United States.
H. THE BASIS OF THE SETTLEMENT
The above-mentioned stipulation provides as follows :
WHEREAS, the operation of the Petersburg plant of the Alas-
kan Glacier Sea Food Company, Inc., (respondent herein) was
796 NATIONAL LABOR RELATIONS BOARD
suspended on March, 15, 1938, and will not be in operation until
on or about May 1, 1938, pursuant to its regular and customary
practice and by reason of the regulations of the United States
Bureau of Fisheries prohibiting the fishing of shrimp during
this period, and,
WHEREAS , it appears that on March 15, 1938, the respondent
and Federal Labor Union, Local 21109, entered into an agree-
ment wherein and whereby the contract of September 23, 1937,
mentioned in Paragraph X of the complaint herein between the
respondent and Federal Labor Union, Local 21109, was ter-
minated and canceled.
Now, THEREFORE, it is stipulated, admitted and agreed as
follows :
I
That the respondent is a corporation organized under and
existing by virtue of the laws of the State of Washington,
having its principal production plant and office at' Petersburg,
in the Territory of Alaska ; that respondent operates shrimp and
crab canneries at Cordova , Wrangell, Petersburg , and Hoonah,
all of said places being located in the Territory of Alaska.
II
That the average yearly sales of the respondent aggregate
approximately $243,000; that approximately 98 per cent of the
products of the respondent , including 98 per cent of the products
of the Petersburg plant, are sold by the respondent outside the
Territory of Alaska and are shipped by common carrier vessels
by it from its respective canneries to the United States ; that
approximately 98 per cent of the shrimp packed and sold by the
respondent are sold, transported , and delivered by it to custom-
ers in the,City of. Seattle, Washington, and that the crab meat
packed, shipped, and sold by the respondent is sold, trans-
ported, and delivered by it to Seattle, Washington, and San
Francisco, California.
III
That respondent purchases in the United States and causes
to be shipped by common carrier vessels approximately $29,000
worth of salt, acids, tin packing cans, cartons, and paper which
the respondent uses in the packing and canning of its products.
IV
That the average gross sales of the respondent's Petersburg
plant are $190,000 annually, and that the respondent uses approx-
DECISIONS AND ORDERS 797
imately $21,000 worth of the said salt, acids, tin packing cans,
and paper annually at its Petersburg plant.
V
That the employees of the respondent engaged in the process-
ing, packing, and canning of shrimp and crab meat at respond-
ent's Petersburg plant, with the exception of the supervisory
personnel, office help, and firemen constitute a unit appropriate
for collective bargaining purposes in order to insure the respond-
ent's employees the full benefit of their right to self-organization
and to bargain collectively and otherwise to effectuate the policies
of the National Labor Relations Act within the meaning of
Section 9 (b) of said Act.
VI
That the unfair labor practices alleged in the complaint oc-
curred only at the Petersburg plant of the respondent.
VII
That between September 10 and September 30, 1937, certain
employees of the respondent were members of Cannery Workers
and Farm Laborers Union , Local No. 18257, ( now known as Can-
nery Workers and Farm Laborers Union, Local No. 222), and
during said period certain employees of the respondent were mem-
bers of Federal Labor Union , Local No. 21109; that between
September 10 and September 23, 1937, representatives of said
Local No. 18257 submitted a proposed working agreement to the
respondent and were in the process of negotiating concerning
said proposed agreement with the respondent ; that on Septem-
ber 23, ' the respondent entered into a working agreement with
Federal Labor Union , Local No. 21109 , wherein and whereby said
Local Union No. 21109 was recognized by the respondent as the
sole bargaining agent for the employees in the bargaining unit
hereinbefore described as the appropriate bargaining unit in the
respondent 's Petersburg plant; that while the negotiations were
in progress between September 10 and September 23, 1937, there
was a question existing between Local No. 18257 and Local No.
21109, as to which of said labor organizations represented a
majority of the employees in the bargaining unit above described.
VIII
That the officers of Local No. 21109 were elected on or about
September 22, 1937, which was subsequent to the commence-
ment of negotiations between the representatives of Local No.
798 NATIONAL LABOR RELATIONS BOARD
18257, and the respondent; that on or about September 22, 1937,
the respondent suffered and permitted its Petersburg plant to
be used by the members of Federal Labor Union, Local No.
21109, for the purpose of holding a union meeting, and suffered
and permitted said Federal Labor Union No. 21109 on two or
three subsequent occasions to use its premises for the purpose
of holding union meetings; that respondent suffered and per-
mitted the foreman in its Petersburg plant to become a member
of and president of Federal Labor Union, Local No. 21109, and
suffered and permitted its foreman to engage in union activity
and in soliciting members for Local No. 21109 among employees
of respondent in the respondent's Petersburg plant while presi-
dent of said Federal Labor Union, Local No. 21109.
IX
That on or about September 27, 1937, the respondent advised
the representatives of Cannery Workers and Farm Laborers
Union, Local 18257, that the respondent was repudiating any
connections which it may have had with Local No. 18257, and
that the respondent would have no further negotiations with
Local No. 18257; that thereafter, on or about September 30,
1937, certain employees of the respondent who were members
of Local No. 18257, went on strike and caused the plant of the
respondent to be picketed; that said strike was called by cer-
tain employees of the respondent who were members of Local
No. 18257 by reason of the aid and assistance given Federal
Labor Union, Local No. 21109, by the respondent and by reason
,of the recognition of Local No. 21109 by the respondent as the
sole bargaining agent for its employees, in its Petersburg plant;
that certain of said employees who went on strike on September
30, 1937, have since returned to work at the respondent's Peters-
burg plant, and that the persons named in the complaint here-
in, with the exception of Marie Reyes and Placido Manuel, have
not been reinstated by the respondent and are desirous of being
reinstated.
X
That Federal Labor Union, Local 21109, is a labor organiza-
tion within the meaning of Section 2 (5) of the National Labor,
Relations Act.
XI
That Cannery Workers and Farm Laborers Union, Local No.
222, is a labor organization within the meaning of Section 2 (5)
of the National Labor Relations Act.
DECISIONS AND ORDERS
XII
799
That the persons named in paragraph XIII of this stipulation
are employees of respondent within the meaning of Section 2
(3) of the National Labor Relations Act.
XIII
Upon the basis of the record and this stipulation, an order may
be entered by the Board and, upon application by the Board,
without notice to respondent of the filing of a petition by the
Board, which notice the respondent hereby expressly waives, the
Circuit Court of Appeals for the appropriate circuit may enter a
decree ordering that :
(1) Respondent will cease and desist as follows:
(a) From in any manner interfering with, restraining, or
coercing its employees in the exercise of their rights to self-
organization, to form, join, or assist labor organizations, to bar-
gain 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.
(b) From permitting the use of its premises for meeting of
labor organizations or union activity subject to the proviso
contained in Section 8 (2) of the Act.
(c) From permitting its foremen and overseers and other
supervisory officials to remain or become officers or members of
any labor organization of which employees of respondent in the
bargaining unit described in the complaint are members, and
from permitting its foremen, overseers, and supervisory officials
to participate in the activities of any labor organization of which
employees of the respondent are members, and from permitting
foremen, overseers, and supervisory officials to solicit member-
ship among the employees of the respondent for any labor
organization.
(2) That respondent shall take the following affirmative action
to effectuate the policies of the National Labor Relations Act :
(a) Offer to Eugene Pasion," Quivius Quindiagan,4 Mariano
Ventura, Alfred Romero, Mrs. Dan Hocson, Sam Coronell, Mrs.
Rose Cornell, J. Romero '5 Frank M. Compo, Lily Compo, Wil-
liam L. King," Elizabeth James, Dan Hocson,' E. Julian,8 Mrs.
8 Referred to as Eugene Pasiou in the complaint.
Referred to as Quivins Quivit in the complaint.
8 Referred to as Felix Romero in the complaint.
8 Referred to as Wm L King in the complaint.
7 Referred to as Dan Hanson in the complaint
8 Refei red to as Ai cadio Toyeban in the complaint.
800 NATIONAL LABOR RELATIONS BOARD
Mary Reyes, J. Orea,O Sophie Romero, Melchor Gloria, 10 Marion
B. Damasco, Winifred Vassar, Mrs. Lucy Gloria, full and com-
plete reinstatement to their former positions held on September
29, 1937, without prejudice to any rights and privileges pre-
viously enjoyed or accruing to them, such reinstatement to be
upon the resumption of operations by the respondent on or about
May 1, 1938; provided, however, that if operations are resumed
on or about May 1, 1938, at less than full capacity, all of respond-
ent's employees, including the 21 employees named above, shall
be reinstated in accordance with their length of service or senior-
ity with the respondent, which shall be determined on the basis
of service accruing before September 29, 1937, and that respond-
ent shall place on a preferred list the names of any employees
for whom employment is not immediately available, such em-
ployees to be offered employment in the order, of seniority from
said list before any other persons are hired; and, provided further,,
that respondent shall be under no obligation to reinstate any_
of the above-named employees who have not made application
for employment prior to May 1, 1938.
(b) Bargain collectively, on request, with the labor organiza-
tion, if any, representing a majority of the employees of respond-
ent in the bargaining unit alleged in the complaint and admitted
by the answer, after the resumption of operations by the respond-
ent company.
(c) Immediately post and keep visible in a conspicuous and
prominent place in the Petersburg plant for a period of thirty
(30) days after resumption of operations by the respondent a
notice stating that the respondent will cease and desist from
restraining, coercing, or interfering with its employees in the
exercise of the rights guaranteed to employees by Section 7 of
the National Labor Relations Act, and stating that the respond-
ent shall refrain from the violation of Section 8 of the National
Labor Relations Act, which notice shall contain a copy of Sec-
tion 8 (1) to (5), inclusive, and Section 9 (a) of the National
Labor Relations Act.
XIV
That in the event there is a dispute existing after the resump-
tion of operations by the respondent at its Petersburg plant as to
whether any labor organization represents a majority of the re-
spondent's employees in the bargaining unit described in the com-
plaint, the respondent hereby waives the necessity of a hearing
6 Referred to as Euelico Orea In the complaint.
10 Referred to as Meecher Gloria In the complaint.
DECISIONS _1^D ORDERS 801
and consents that the Board, upon the request of any labor organ-
ization of which employees of the respondent are members, may
conduct an election by secret ballot under the provisions of the
National Labor Relations Act and make certification to the re-
spondent of the labor organization , if any, which represents a
majority of respondent 's employees ; that such election may be
conducted by the National Labor Relations Board through its
Regional Director for the Nineteenth Region ; that employees of
the respondent eligible to participate in such election shall be
those employees on the last pay roll prior to the request for
such election.
XV
That the complaint, only in so far as it relates to an alleged
violation of Section 8 (5) of the Act, shall be dismissed.
XVI
This stipulation is subject to the approval of the National
Labor Relations Board after its submission to the Board in
Washington, D. C.
The Board hereby approves the above stipulation.
ORDER
On the basis of the above findings of fact and the above stipula-
tion , and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that Alaskan
Glacier Sea Food Company , Inc., Petersburg , Alaska, and its officers,
agents, successors , and assigns , shall:
1. Cease and desist:
(a) From in any manner interfering with, restraining , or' coercing
its employees in the exercise of their rights to self-organization, to
form, join, or assist labor organizations , to bargain collectively
through representatives of their own choosing , and to engage in con-
certed activities for the purposes of collective bargaining or other
mutual aid or protection , as guaranteed in Section 7 of the National
Labor Relations Act ;
(b) From permitting the use of its premises for meetings of labor
organizations or union activity subject to the proviso contained in
Section 8 (2) of the Act;
(c) From permitting its foremen and overseers and other super-
visory officials to remain or become officers or members of any labor
organization of which employees of the respondent in the bargaining
unit described in the complaint are members , and from permitting its
802 NATIONAL LABOR RELATIONS BOARD
foremen, overseers, and supervisory officials to participate in the ac-
tivities of any labor organization of which employees of the respondent
are members, and from permitting foremen, overseers, and supervisory
officials to solicit membership among the employees of the respondent
for any labor organization.
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act :
(a) Offer to Eugene Pasion, Quivius Quindiagan, Mariano Ventura,
Alfred Romero, Mrs. Dan Hocson, Sam Coronell, Mrs. Rose Coronell,
J. Romero. Frank M. Compo, Lily Compo, William L. King, Elizabeth
James, Dan Hocson, E. Julian, Mrs. Mary Reyes, J. Orea, Sophie
Romero, Melchor Gloria, Marion B. Damasco, Winifred Vassar, Mrs.
Lucy Gloria, full and complete reinstatement to their former posi-
tions held on September 29, 1937, without prejudice to any rights and
privileges previously enjoyed or accruing to them, such reinstatement
to be upon the resumption of operations by the respondent on or about
May 1. 1938; provided, however, that if operations are resumed on or
about May 1, 1938, at less than full capacity, all of respondent's em-
ployees, including the twenty-one employees named above, shall be
reinstated in accordance with their length of service or seniority
with the respondent, which shall be determined on the basis of service
accruing before September 29, 1937, and that respondent shall place
on a preferred list the names of any employees for whom employment
is not immediately available, such employees to be offered employment
in the order of seniority from said list before any other persons are
hired; and, provided further, that respondent shall be under no obliga-
tion to reinstate any of the above-named employees who have not made
application for employment prior to May 1, 1938;
(b) Immediately post and keep visible in a conspicuous and prom-
inent place in the Petersburg plant for a period of thirty (30) days
after resumption of operations by the respondent a notice stating that
the respondent will cease and desist from restraining, coercing, or
interfering with its employees in the exercise of the rights guaranteed
to employees by Section 7 of the National Labor Relations Act, and
stating that the respondent shall refrain from the violation of Section
8 of the National Labor Relations Act, which notice shall contain a
copy of Section 8 (1) to (5) inclusive, and Section 9 (a) of the
National Labor Relations Act.
And it is further ordered that the allegations in the complaint that
the respondent has engaged in unfair labor practices, within the
meaning of Section 8 (5) of the Act, be, and they hereby are,
dismissed.