Azusa Citrus Association

National Labor Relations Board - Board Decisions

Feb 18, 1946

65 N.L.R.B. 1136 (N.L.R.B. 1946)

In the Matter of AzUSA CITRUS ASSOCIATION and PRODUCE DRIVERS AND
EMPLOYEES UNION, LOCAL 630, AFL
Case No. 21-R-3063.-Decided February 18, 1946
Mr. Ivan G. McDaniel, by Mr. George C. Lyon, of Los Angeles,
Calif., for the Association.
Mr. V. F. Chapman, of Los Angeles, Calif., for the Union.
Mr. James Zett, of counsel to the Board.
DECISION
. AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Produce Drivers and Employees
Union, Local 630, AFL, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Azusa Citrus Association, Azusa, California, herein
called the Association, the National Labor Relations Board provided
for an appropriate hearing upon due notice before George H. O'Brien,
Trial Examiner. The hearing was held at Los Angeles, California, on
November 16, 1945. The Association and the Union appeared and
participated. Both parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. Both
parties filed briefs with the Board and these briefs have been consid-
ered and the points therein raised are discussed, infra.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Azusa Citrus Association is anon -profit cooperative association. Its
membership consists of citrus growers in the vicinity of Azusa, Cali-
fornia. The citrus fruit of its members is harvested and packed
by the Association. The cost of such harvesting and packing opera-
65 N. L. R. B., No. 199.
1136
AZUSA CITRUS ASSOCIATION 1137
tions is deducted from the sales price of the fruit and the balance
turned over to its members. '
The Association packs both Navel and Valencia oranges and during
the latest 12-month period for which figures are available (1944-1945),
the Association handled 155,395 boxes of oranges, of which 120,867
boxes were shipped outside the State of California and 34,528 boxes
were sold within the State of California.
We find, contrary to the Association's contention, that it is engaged
in commerce within the meaning of the National Labor Relations Act,
and that its operations are subject to the jurisdiction of this Board.'
II. THE ORGANIZATION INVOLVED
Produce Drivers and Employees Union, Local 630, AFL, an affiliate
of International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, AFL, is a labor organization admitting
to membership employees of the Association.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 24, 1945, the Union orally requested recog-
nition as exclusive bargaining representative of certain employees of
the Association and the Association declined to recognize the Union
unless, and until, certified by the National Labor Relations Board in
an appropriate proceeding. A statement by the Trial Examiner at
the hearing indicates that the Union represents a substantial number
of employees 2 in the unit hereinafter found to be appropriate.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Association within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with the agreement of the parties, we
find the'following unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act :
All packinghouse employees of the association at Azusa, Cali-
fornia, including checkers, but excluding all other clerical em-
ployees, the manager, the general foreman, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action.
INorth Whittier Heights Citrus Association v N. L R B , 109 F . ( 2d) 76 ( C. C. A. 9),
cert denied 310 U. S. 632.
2 The Trial Examiner stated that the Association had handed to him a pay -roll list for
the period 9-23 to 9-29, 1945, that the Union had previously supplied 25 application for
membership cards, and that 19 of the names signed to the cards appeared on the pay-roll
list which contained 29 names.
1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
The Association contends in substance (1) that it is not subject to
the jurisdiction of the Board, (2) that the Union's showing of repre-
sentation was untimely, and (3) that the results of any election should
be binding upon the Association only in the event of certain conditions
and contingencies.3
The Association further contends that students employed full time
during the summer vacation and Mexican Nationals, if on the employee
rolls, on the date of any election should be eligible to vote.
The Union contends that an election should be ordered immediately
among the employees who were on the Association's pay roll on Sep-
tember 24, 1945 (the date of its request for recognition) .4 The Union
further contends that all employees on the September 24, 1945, pay roll
who are unable to appear in person at the polls should be eligible to
vote by mail. At the hearing (but not in its brief) the Union stated
that neither summer students nor Mexican Nationals should be in-
cluded in the bargaining unit.
In accordance with our prior determination, we shall permit the
Mexican Nationals to participate in the election hereinafter directed
if they are otherwise eligible.5 The students are temporary employees
and are, therefore, ineligible to vote.'
The Association begins packing Navel oranges in January. In
the month of May the Navel season merges into the Valencia season
or there may be a shut-down. The Valencia season ends in November.
Normally from one-third to two-thirds of the packinghouse workers
return from season to season and froin year to year.' This indicates
3 The Association, in its brief states "It is the position of the Association, in the in-
stant case that in the event an election is ordered, it should be held in the early part
of the season in which representation cards have been secured, and should enfranchise
all employees of that particular season, whether or not they be present and working on
the date on which the election is held Employees of that season not present at the time
of the election should be entitled to vote by mail as to the bargaining agent." The Associ-
ation further contends that in the event a majority of the peisons electing a bargaining
agent in one particular season are not employed in the corresponding season of the next
year, a second election should be held to determine whether or not the employees of the
succeeding year in the particular season in which the election was held desire to retain
the same bargaining agent. Further, that any bargaining agent elected would only repre-
sent the employees of the season packing that variety of fruit.
All of the Union's 25 cards bear September, 1945 dates
Matter of Allen and Sendilands Packing Company, et al , 59 N. L. R. B. 724.
6 Matter of Armour & Company, d/b/a Armour Creameries [Marshfield, Wis.], 63
N L R B 1214, Matter of Johnson-Handley-Johnson Co., and Johnson Furniture Com-
pany, 51 N. L R B 1282.
i A chart received in evidence and explained by the manager of the Association gives
the number of new hires and total number of employees from 1942 to date. This chart
shows that during the 1942 Valencia season (May to November), the Association had 29
employees Twenty of these 29 also worked in the 1943 Navel season (January to May),
but only 10 of the 1942 Valencia workers were still in the employ of the Association the
,fall of 1943 when it had 23 employees Eighteen of the 23 returned for the 1944 Navel
season and 16 of the 23 were still in the employ of the Association in the 1944 Valencia
season when the Association had 26 employees Nineteen of these 26 returned to work
for the 1945 Navel season, and all 19 were still in the employ of the Association during
the 1945 Valencia season
AZUSA CITRUS ASSOCIATION 1139
a substantial continuity of interest. On the basis of the foregoing
facts, we see no reason to deviate from our customary practice 8 and
shall therefore direct that the employees of the Association eligible
to vote in the election shall be those in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Azusa Citrus
Association, Azusa, California, 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, under the direction and supervision
of the Regional Director for the Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to be
represented by Produce Drivers and Employees Union, Local 630,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
s Matter of North Whittier Heights Citrus Association, et al, and Produce Drivers and
Employees Untou, Local 630, AFL, Case No 21-R-2943, 63 N L. R. B 240.
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