Abinante & Nola Packing Co.

National Labor Relations Board - Board Decisions

Nov 20, 1940

28 N.L.R.B. 38 (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 PACI{ING COMPANY, RICH-
MOND-CHASE COMPANY, J. S. ROBERTS , ROSENBERG BROS. & CO., WAR-
REN DRIED FRUIT CO., WINCHESTER DRIED FRUIT COMPANY and WARE-
HOUSEMEN'S UNION, LOCAL 1-6, I. L. W. U.
Cases. Nos. C-1456 and R-1530
CERTIFICATION OF REPRESENTATIVES
November 20, 1940
On August 24, 1940, the National Labor, Relations Board issued its
Decision, Order and Direction of Election,' and on October 3, 1940,
issued its Supplemental Decision and Supplemental Direction of Elec-
tion,' in the above-entitled proceeding. Pursuant to the Supplemental
Direction of Election an election by secret ballot was conducted on
October 30 and 31 and November 1, 1940, under the direction and
supervision of the Regional Director for the Twentieth Region (San
Francisco, California). On November 4, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued her Elec-
tion Report, copies of which were duly served upon the parties. No
objections to the conduct of the ballot or the Election Report have,
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote------------------ ------------ 3,0556
Number of votes for Warehousemen's Union, Local 1-6, I L
W U--------------- ------------------------- 1,096
Number of votes for Dried Fruit and Nut Packers Union No.
21084 of Santa Clara County, California------------------- 634
Number of votes for neither -------------------------------- 47
Number of blank ballots----------------------------------- 3
Number of void ballots ------------------------------------ 5
Number of challenged ballots------------------------------ 68
1 26 N L R B 1 288
227N L B B 631
28 N L R B, No 13'
38
ABINANTE & NOLA PACKING CO. 1 39
The Regional Director further reported that she made no ruling on
the challenged ballots, inasmuch as they could not possibly affect the
results of the election.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Warehousemen's Union, Local 1-6, In-
ternational Longshoremen's and Warehousemen's Union, has been
'designated and selected by a majority of all the employees of S. R.
Abinante and Frank S. Nola, copartners doing business under the firm
name Abinante & Nola Packing Co.; California Packing Corporation;
California Prune and Apricot Growers- Association; C. L. Dick &
Company; Guggenhime & Company; Hamlin and Company; Libby,
McNeill & Libby; Joseph P. Perrucci and F. L. DiNapoli, copartners
doing business under the firm name Mayfair Packing Company; Rich-
mond-Chase '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, employed at 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, executives, clerical and other office employees, engi-
neers, truck drivers, teamsters, superintendents, assistant superintend-
ents, and all persons having authority to hire or discharge employees,
as their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, Warehouse-
men's Union, Locahl-6, International Longshoremen's and Warehouse-
men's Union, is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.