TERRITORY OF HAWAII
Before the HAWAII EMPLOYMENT RELATIONS BOARD


In the Matter of the Request of

PINEAPPLE AND CANNERY WORKERS UNION, INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL 152

For the Conduct of a Referendum among the Employees of

LIBBY, McNEILL & LIBBY AT ITS MOLOKAI PLANTATION


Appearances:
Bouslog & Symonds, Attorneys, by Harriet H. Sawyer and James A. King, for Pineapple and Cannery Workers Union, ILWU, Local 152.
James P. Blaisdell, Attorney, by R. M. Torkildson, for Libby, McNeill & Libby.


Decision

On August 24, 1950, Pineapple and Cannery Workers Union, ILWU, Local 152, (hereinafter referred to as the Union) requested the Hawaii Employment Relations Board (hereinafter referred to as the Board) to conduct a referendum "among all employees of Libby, McNeill & Libby employed on its Molokai plantation, excluding however all persons engaged directly in the milking and feeding of milch cows, all persons employed in an executive or supervisory capacity, and all persons subject to the jurisdiction of the National Labor Relations Act as amended from time to time" "to determine whether or not such employees are in favor of the undersigned organization entering into an all-union agreement with Libby, McNeill & Libby." On May 21, 1951, Libby, McNei11 & Libby (hereinafter referred to as the Employer) filed a Motion to Dismiss the request. Both the Employer and the Union argued the motion before the Board and filed a memorandum in support of its position.

The Hawaii Employment Relations Act (hereinafter referred to as the Act or the statute) provides, in part, "an employer shall not be prohibited from entering into an all-union agreement with the representatives of his employees in a collective bargaining unit, where at least three-quarters of the employees in the collective bargaining unit shall have voted affirmatively by secret ballot in favor of such all union agreement in a referendum conducted by the board." [Section 8 (1)(c)]. The statute requires that there be a collective bargaining unit and a representative of the employees before an all-union referendum may be requested.

The Act [Section 3(6)] defines a collective bargaining unit as "all of the employees of one employer (employed within the Territory), except that where a majority of such employees engaged in a single craft, division, department or plant shall have voted by secret ballot as provided in section 7(2) to constitute such group as a separate bargaining unit they shall be so considered." The statutory collective bargaining unit is either: (1) All of the employees of one employer (employed within the Territory); or (2) the employees engaged in a single craft, division, department or plant where a majority thereof shall have voted by secret ballot as provided in section 7(2) to constitute such group a separate bargaining unit.

The collective bargaining unit alleged in the request is "all employees of Libby, McNeill & Libby employed on its Molokai plantation, excluding,..." As such a unit would involve the employees of a division, department or plant (rather than all of the employees of the Employer within the Territory), it may be determined only by majority vote of such employees [Section 3(6)].

The only collective bargaining unit with respect to the Molokai plantation of Libby, McNeill & Libby (of which the Board has any record) was established by an undated agreement (although it was probably made in September or October 1945) between Libby, McNeill & Libby and Pineapple Workers Local 151, ILWU, in a document captioned "Agreement for Consent Election." Paragraph 2 thereof provided, in part, as follows: "The Company and the Union agree that the bargaining unit shall consist of the following: All basic employees regularly employed by the Company in its operation on the Island of Molokai excluding ...." Such a separate bargaining unit, established by agreement, is not a statutory collective bargaining unit within the meaning of Section 3(6). Thus, questions in connection with the establishment of a statutory collective bargaining unit are not presently material.

The motion to dismiss is granted, on the basis of ground 3(c) thereof, which states: "that no referendum may be conducted under section 8 (1)(c) of the Hawaii Employment Relations Act until the appropriate bargaining unit has first been determined under the provisions of section 7 of that Act.” On presentation of a proper order, the above-described request will be denied, with leave to amend within 30 days.







DATED: Honolulu, T. H., June 14, 1951.
HAWAII EMPLOYMENT RELATIONS BOARD

By E. E. Wiles, Chairman
By Ralph B. Johnson, Member
By A. S. Reile, Member