Keller Fishing and Packing Co.

National Labor Relations Board - Board Decisions

Jul 12, 1951

95 N.L.R.B. 163 (N.L.R.B. 1951)

KELLER FISHING AND PACKING COMPANY 163
the finishing, and soft iron inspection department ; the night crew
foreman ; the pattern, casting, core making, furnace, hard iron trim-
ming and inspecting, annealing, grinding, yard labor and maintenance
department foremen, and the molding department foreman and as-
sistant foreman and other supervisors, within the meaning of the
Act, as their representative for the purposes of collective bargaining
and that pursuant to Section 9 (a) of the Act, the aforesaid labor
organization is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
FELLER FISHING AND PACKING COMPANY and ORCAS ISLAND CANNERY
LOCAL INDUSTRIAL UNION No. 1767, CIO and INTERNATIONAL AS-
SOCIATION OF MACHINISTS, LOCAL LODGE No. 239. Cases Nos.
19-RC-714 and 19-RC-784. July 12, 1951
Decision , Order, and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Howard A. McIntyre, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.,
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. Orcas Island Cannery Local Industrial Union No. 1767, CIO,
hereinafter called CIO, the Petitioner in Case No. 19-RC-714, seeks
to represent a unit of production and maintenance employees at the
Employer's Deer Harbor, Orcas Island, Washington, fish cannery.'
I Fishermen and Allied Workers Division , International Longshoremen's and Ware-
housemen ' s Union , Local No. 3-51, moved to intervene at the hearing. As this labor
orgenization was not ,in compliance with the filing requirements of Section 9 of the Act
at tltr time of the hearing, and has no contractual relationship with the Enrployer, the
hearing officer correctly denied the motion Brewer & Brewer Sons. Inc., 85 NLRB 387.
2 In Its petition , CIO excluded machinists ; however, at the hearing CIO took the same
position as in Columbia River Packers Association , Inc , et al , 94 NLRB 1303, and seeks
to represent a plant-wide unit
95 NLRB No. 21.
901974-52-vol 95-12
164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Association of Machinists, Local Lodge No. 239, here-
inafter called IAM, the Petitioner in Case No. 19-RC-784, seeks to
represent a unit of machinists, iron chink men, fillermen, reform men,
skinner and boner men, seamermen , cannery mechanics, and mechanical
helpers at the Employer's Deer Harbor, Orcas Island, Washington,
fish cannery.
CIO opposes the unit sought by IAM on the ground that a plant-
wide unit is the only appropriate unit.3 Although the record is not
clear on the point, it appears that the employees in the unit sought
by IAM have been included in a plant-wide unit heretofore represented
by International Longshoremen's and Warehousemen's Union 4
There has never been a machinists' unit at the Employer's cannery.
The employees in the unit sought by IAM are engaged primarily in
repairing and maintaining various production machines in the Em-
ployer's cannery. They served no apprenticeship, and were trained
by the Employer on the job, having previously been engaged in work
on the Employer's boats. Production workers also work as machinists'
helpers.
There is no adequate basis in the present record for a finding that
the employees sought by IAM are a craft group, nor does any other
ground appear for finding that they may constitute a separate appro-
priate unit.' We shall, accordingly, dismiss the petition in Case No.
19-RG784.
In Case No. 19-RC-714, we find that all production and maintenance
employees including machinists, iron chink men, fillermen, reform
men, skinner and boner men, seamermen , cannery mechanics, and
mechanical helpers, at the Employer's. Deer Harbor, Orcas Island,
Washington, fish cannery, but excluding office, clerical, and profes-
sional employees, and supervisors as defined in the Act constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
Order
IT IS HEREBY ORDERED that the, petition in Case- No. 19-RG784 ,'be,
and it hereby is, dismissed.
[Text of Direction of Election omitted from publication in this
volume.]
8 The Employer was not represented at the hearing.
* The parties offered no evidence as to the duties of the employees involved herein, and
agreed that the evidence of record in Columbia River Packers Association, Inc., et al.,
supra, was applicable to the Employer's operations.
8 See Rice-Stim Dry Goods Company, 85 NLRB 541.