Abinante & Nola Packing Co.

National Labor Relations Board - Board DecisionsOct 3, 1940

27 N.L.R.B. 631 (N.L.R.B. 1940)

In the Matter of ABINANTE & NOLA PACKING CO., CALIFORNIA PACKING CORPORATION, CALIFORNIA PRUNE AND APRICOT GROWERS ASSOCIATION, C. L. DICK & COMPANY, GUGGENHIME & COMPANY, HAMLIN AND COM- PANY, LIBBY, MCNEILL & LIBBY, MAYFAIR PACKING COMPANY, RICH- MOND-CHASE COMPANY, J. S. ROBERTS , ROSENBERG BROS. & CO., WAR- REN DRIED FRUIT Co., WINCIIESTER DRIED FRUIT COMPANY and WARE- HOUSEMEN 'S UNION, LOCAL 1-6, I. L. W. U. Cases Nos . C-1J56 and R-1530 SUPPLEMENTAL DECISION AND SUPPLEMENTAL DIRECTION OF ELECTION October 3, 1940 On August 24, 1940, the National Labor Relations Board, herein called the Board, issued a Decision, Order; and Direction of Election in the above-entitled proceeding," ordering the above-named respond- ents, with the exception of Abinante & Nola Packing Co., to cease and desist from certain unfair labor practices and to take certain affirma- tive action found necessary to effectuate 'the policies of the National Labor Relations Act, 49 Stat. 449, and directing that an election by secret ballot be conducted, at such time as the Board should in the future direct, under the direction and 'supervision of the Regional Director for the Twentieth Region (San Francisco, California). The Regional Director has since advised the Board that an election may appropriately be held at this time. The respondents and the petitioning union 2 have each recommended to the Board that the election be held as soon as possible; the inter- veners 3 have recommended that the election be held between Novem- ber 12 and 22, 1940. The Regional Director has recommended that because of the seasonal nature of the respondents'.business the election be held not later than during the month of October 1940, during which time, the record shows, employment will be at a high level. 1 26 N L R. B. 1288 2 Warehousemen ' s Union , Local 1-6, International Longshoremen 's and Warehousemen's Union B Di ied Fruit and Nut Packers Union No. 21084 of Santa Clara County, California, and California State Federation of Labor. 27 N. L. R. B., No. 117. 631 632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We shall direct that the election be held, in accordance with our usual procedure, as early as possible and within thirty (30) days of the date of this Supplemental Decision and Supplemental Direction of Election. The parties stipulated at the hearing' that those eligible to vote in any election directed by the Board in these proceedings should be "those employees . . . who have worked during the period Janu- ary 1, 1938, to and including June- 30, 1939," at least 18 working days (8 hours being deemed to be a working day) "whether for one or more of the respondents herein or in one or more of their said plants, excepting those who have subsequently to their said employ- ment voluntarily (as distinguished from, either a lay-off or discharge) severed their connection with the dried-fruit industry in the respond- ents' said plants or have been discharged for lawful cause . . ." In our Decision we stated that w,e would give effect to this stipulation except that, because of the lapse of time since it was made,4 we would, when fixing the time of the election, determine another appropriate 18-month period during which the employees would be required to have worked 18 days in order to be eligible. The respondents and the petitioning union have each expressed a willingness that the period be January 1, 1939, to and including June 30, 1940; the interveners have recommended that the period be the 18 months prior to the date of election as ordered by the Board. We shall direct that the period for determining eligibility shall be the 18 months up to and including the date of this Supplemental Decision and Supplemental Direction of Election. SUPPLEMENTAL 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 Rela- tions Act, 49 Stat. 449, 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 ordered by the Board to ascertain representatives for collective bargaining with the re- spondents S. R. Abinante and Frank S. Nola, copartners doing business under the firm name Abinante & Nola Packing Co.; California Pack- ing Corporation; California Prune and Apricot Growers Association; C. L. Dick & Company; Guggenhime & Company; Hamlin and Com- pany; Libby, McNeill & Libby, Joseph P. Perrucci and F. L. DiNapoli, copartners doing business under the firm name Mayfair Packing 4 The stipulation was made on July 17, 1939 ; the last day on which testimony was taken at the hearing was August 4, 1939 ABINANTE & NOLA PACKING CO. ET AL. 633 Company; Richmond-Cliase Company; J. S. Roberts, Rosenberg Bros. & Co.; C. D. Stevens, doing business under the firm name Warren Dried Fruit Co.; and Winchester Dried Fruit Company, an election by secret ballot be conducted under the direction and supervision of the Regional Director for the Twentieth 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, as early as possible but not later than thirty (30) days from the date of this Supplemental Direction of Election, among all the employees of the said respondents who, during the 18-month period up to and including the date of this Supplemental Direction of Election, have worked for a period or periods totaling at least 18 working days (8 hours being deemed to be a working day), whether for one or more of the respond- ents, in one or more of their respective dried-fruit plants in Santa Clara and San Benito Counties, in the State of California, including all box makers engaged in the said plants, but excluding officers,,execu- tives, clerical and other office employees, engineers, truck drivers, teamsters, superintendents, assistant superintendents, all persons hav- ing authority to hire or discharge employees, and those who sub- sequently to their said employment voluntarily (as distinguished from a lay-off or discharge) severed their connection with the dried- fruit industry in the respondents' said plants or have been discharged for lawful, cause, to determine whether they desire to be represented by Warehousemen's Union, Local 1-6, International Longshoremen's and Warehousemen's Union, or by Dried Fruit and Nut Packers Union No. 21084 of Santa Clara County, California, for the purposes of col- lective bargaining, or by neither.