A.L. Bazzini Co., Inc.

National Labor Relations Board - Board Decisions

Dec 16, 1940

28 N.L.R.B. 586 (N.L.R.B. 1940)

In the Matter of A. L. BAZZINI Co., INC. and OLIVE & DRIED FRUIT
PACKERS UNION #21369, AFFILIATED WITH THE AMERICAN FEDERATION
.OF ,LABOR
Case No. R-2181.-Decided December 16,1940
Jurisdiction : nut and dried fruit purchasing, selling, and distributing industry.
Investigation and Certification of Representatives : existence of question :
refusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees, including
working foremen, but excluding office, clerical, and sales employees and
executives.
Kommel cf' Zucker, by Mr. Louis M. Rommel, of New York City, for
the Company.
Mr. John L. Makowski, of Long Island City, N. Y., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 29, 1940, Olive & Dried Fruit Packers Union #21369,
herein called the Union, filed with the Regional Director for the Sec-
ond Region (New York City) a petition and on December 4, 1940,
an amended petition, alleging that a question affecting commerce had
arisen concerning the representation of employees of A. L. Bazzini
Co., Inc.,l New York City, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 22, 1940, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3 of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
On November 25, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
'The name of the Company appears erioneously as A. L. Bazzini Company on the
petition and other formal papers The correct name was given at the hearing.
28 N. L. R B., No. 86.
586
A.-L. BOZZINI CO., INC. 587
Union. Pursuant to the notice, a hearing was held on December 5,
1940, at New York City, before Mark Lauter, the Trial Examiner duly
designated by the Board. Both parties were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-'
ing on the issues was afforded both parties. During the course of the
hearing the Trial Examiner made several rulings upon motions and
objections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. L. Bazzini Co., Inc., a New York corporation, has its principal
office and place of business in Ne«- York City. where it is engaged in
the purchase, sale, and distribution, of peanuts, nuts, dried fruits, and
related products. During the period from Janu^dry 1 to September 30,
1940, the Company purchased for its plant raw materials exceeding
$100,000 in value, not less than 50 per cent of which were shipped to
the plant from points outside the State of New York. During the
same period the Company's sales and shipments from its plant ex-
ceeded $100,000 in value, not less than 20 per cent of which were ship-
ped to States other than New York.
II. THE ORGANIZATION INVOLVED
Olive & Dried Fruit Packers Union #21369 is a labor organization.
It is a federal labor union chartered by the American Federation of
Labor. It admits to membership production employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested the Company to bargain collectively on behalf
of its employees. The Company refused to bargain with the Union
because it did not know whether the Union represented a majority of
such employees.
A statement prepared by the Regional Director and introduced into
evidence discloses that the Union has been designated by a substantial
number of employees in the appropriate unit.'
2 The Union presented to the Regional Director 12 applications for membership in the
American Federation of Labor, which are dated between September 3 and October 18, 1940
and appear to bear genuine signatures of the Company 's employees The American
Federation of'Labor has conferred upon the Union jurisdiction over-these employees. The
number of employees in the appropriate unif at the time of the hearing was 18.
11
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARDI
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
i COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate , and substantial rela-
tion to trade , traffic, and commerce among the several States and tends
to lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agree, and we find, that all production
employees of the Company, including working foremen, but excluding
office, clerical, and sales employees and executives, constitute a unit
appropriate for the purposes of collective bargaining. We find that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation of employees
of the Company can best be , resolved by, and we shall accordingly
direct, an election by secret ballot. Those eligible to vote in the elec-
tion shall be employees in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of our
Direction of Election , including-employees who did not work during
the pay -roll period because they were ill or on vacation , but excluding
employees who have since quit or been discharged for cause.
On the basis of the above findings of fact and upon the entire record
in the case , the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of A. L. Bazzini Co.. Inc., New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. All production employees of A. L. Bazzini Co., Inc., New York
City, including working foremen, but excluding office, clerical, and
sales employees and executives, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
A. L. BOZZINI CO., INC.
DIRECTION OF ELECTION
589
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,
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 authorized by the Board
to ascertain representatives for collective bargaining with A. L.
Bazzini Co ., Inc., New York City , an election by secret ballot shall be
conducted as early as possible but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision of the Regional Director for the Second 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 , among all pro-
duction employees , including working foramen , who were employed
by A. L . Bazzini Co ., Inc., New York City , during the pay-roll period
immediately preceding the date of this Direction of Election, including
employees who did not work during that pay-roll period because they
were ill or on vacation and employees who were 'then or have since been
temporarily laid off , but excluding office, clerical , and sales employees,
executives , and employees who have since quit or been discharged for
cause, to determine whether or not said employees desire to be repre-
sented by Olive & Dried Fruit Packers Union #21369 for the purposes
of collective bargaining. ,
CHAIRMAN HARRY A. MiLLrs took no part in the consideration of the
above Decision and Direction of Election.