Bear Creek Orchards

National Labor Relations Board - Board Decisions

Dec 29, 1949

87 N.L.R.B. 1348 (N.L.R.B. 1949)

In the Matter of BEAR CREEK ORCHARDS, EMPLOYER and TEAMSTERS,,
CANNERY AND FRUIT PACKING WORKERS, LOCAL 962-A, INTERNA-
TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA, A. F. L., PETITIONER
In the Matter of SOUTHERN OREGON SALES, INC., EMPLOYER and TEAM-
STERS, CANNERY AND FRUIT PACKING WORKERS, LOCAL 962-A, INTER-
NATIONAL BROTIIERIIOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS OF AMERICA, A. F.' L., PETITIONER
Cases Nos . 36-RC-286 and 36-RC-310.-Decided December 09, 1949
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, a consolidated hearing in these cases was
held atMedford, Oregon, on August 9, 1949, before R. J. Weiner, hear-
ing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Reynolds].
Upon the entire record in these cases, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a separate unit of the nonseasonal employees
of each Employer. The Employers contend that the claimed units
are inappropriate because: (1) the only appropriate unit is one which
consists of employees of all the members of the Fruit Unit of the
Industry Council of Southern Oregon, and (2) seasonal as well as
nonseasonal employees should be included.
87 NLRB No. 143.
1348
BEAR CREEK ORCHARDS 1349
The Industry Council of Southern Oregon was formed in July 1947,
and the Fruit Unit was organized shortly thereafter. At the date of
the hearing, the Fruit Unit of the Council comprised 15 employees
operating packing houses who were organized to function as a unit
on questions concerning the fruit packing industry. The bylaws of
the Council state that it shall, upon request of all members of any
industry unit or upon the'request-of any individual member, have the
authority to enter into negotiations with the employees of such mem-
bers or unions.' The members of the Fruit.Unit, however, have never
'engaged in collective bargaining on a multiple-employer basis; it was
stipulated that in the fresh fruit industry of Oregon there is no
multiple-employer unit bargaining. In the absence of any history of
bargaining on a broader basis, we find that separate units restricted
to employees of each of the Employers are appropriate.2
The Employers are engaged in the business of packaging, storing,
.and selling fresh fruit and gift packages. During the height of the
seasonal operations at Bear Creek Orchards, 700 to 800 workers are
employed. The "season" itself is divided into a pear season, lasting
10 days in late August and a Christmas box packaging season, run-
ning from early in November until mid-December, with some supple-
mentary business as late as mid-January. There is also a short candy
pack in March and a short canned fruit pack in June. These inter-
mittent packaging intervals add up to approximately 41/2 months
throughout the entire year. There are approximately 78 year-round
employees, of whom 12 are full-time supervisors. Thirteen do super-
visory work during a portion of the year, and 53 are nonseasonal,
nonsupervisory employees. About 45 of the latter are employed
principally in preparing the containers and other materials for use in
preparing gift boxes rather than the fruit packing itself. The sea-
sonal employees are, to a. large extent, recruited from housewives living
in the Medford area and generally may move from one employer to
the other, depending upon which ones are offering employment at a
given time.
At Southern Oregon Sales there are approximately 300 employees
employed during the peak or "plateau" season. There are 5 non-
seasonal employees who operate refrigeration machinery, serving as
maintenance men and receivehs. Two of these five act as supervisors
-during the 2-month pear pack season. The employment of seasonal
'It was testified at the hearing that doubt as to the degree of authority possessed by
the Council to represent members of the Fruit Unit on a multiple-employer basis led to the
solicitation of powers of attorney from the members . This solicitation was undertaken in
2 Scott Motor Company, 84 NLRB 129; Norcal Packing Company , 76 NLRB 254.
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees at Southern Oregon Sales is on the same basis as at Bear
Creek. The seasonal employees in both concerns have little expecta-
tion of being year-round employees, and it is generally understood
that they.are hired only for the peak season. No seniority system
is in existence and no vacation program is applied to the seasonal
employees. It appears that, by reason of the continuity of their
employment, the nonseasonal employees possess certain interests not
shared by the seasonal workers.
Under the above circumstances, we believe that the "nonseasonal"
production and maintenance employees may constitute appropriate
units without the inclusion of the seasonal employees, and we shall
therefore exclude seasonal employees from the units hereinafter found
appropriate.3
Southern Oregon Sales, Inc., employs two year-round employees
,who act as supervisors during the.2-month packing season. They di-
rect the activities of a large number of employees during the season
and have authority. to hire and discharge those under their super-
vision. The remainder of the year they load and unload cars, inspect
fruit, prepare boxes for use in season, and perform general main-
tenarice work.
At Bear Creek Orchards, 13 of the year-round employees function
as supervisors for periods varying from 4 weeks to over 6 months,
depending upon the length of their particular "pack" season. They
possess full supervisory authority over their subordinates during
their respective "pack" period. The remainder of their year is spent
generally in the same fashion as that of the two employees at Southern
Oregon Sales discussed above.
We believe that to the extent that these employees are engaged as
nonsupervisory workers, subject to the same conditions of employment
as the nonsupervisory year-round employees, they are properly a part
of the unit herein found appropriate, and we shall include them in
the unit for the period in which they are engaged in a nonsupervisory
capacity 4
We find that the following constitute units appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
All nonseasonal employees at Bear Creek Orchards, Medford, Ore-
gon, plant, excluding all seasonal workers, all office and clerical em-
ployees, guards; professional employees, and all supervisors within
the meaning of the Act;
8 Libby, McNeill and Libby, 64 NLRB 1329; St. Mary 's Packing Company, 72 NLRB 596;
Hunt Poods, Inc., 68 NLRB 800.
!Hunt Foods; Inc., supra.
BEAR CREEK ORCHARDS 1351
All nonseasonal employees at Southern Oregon Sales, Inc., Med-
ford, Oregon, plant, excluding all seasonal workers, all office and cleri-
cal employees, guards, professional employees, and all supervisors
within the meaning of the Act.
5. - While the 'year-round employees whose time is divided between
supervisory and nonsupervisory duties may be represented by the
Petitioner in respect to that part of their employment which is not
supervisory, only those part-time supervisory, only'those part-time
supervisors who spend 50 percent or more of their time working as
rank-and-file employees have a sufficiently substantial. interest in the
outcome of the election hereinafter directed to entitle them to vote in
it.' Accordingly, only those employees who have worked more than
50 percent of their time as nonsupervisory employees shall be eligible
to vote. We shall direct that the question concerning representation
which has arisen shall be resolved by an election by secret ballot among
the employees in the separate units found appropriate above, who
were employed during the pay-roll period immediately preceding the
date of the Direction of Elections herein, subject to the limitations
and additions set forth in the Direction.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employers, separate elec-
tions by secret ballot shall be conducted as early as possible, but not
later than 30 days from the date of this Direction, under the direction
and supervision of the Regional Director for the Region in which
these cases were heard, and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations, among the
employees in the units found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Elections, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, and also excluding
employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining, by Teamsters, Cannery and Fruit Packing
Workers, Local 962-A, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, A. F. L.
Great Northern Icing Company, 73 NLRB 116; Hunt Foods, Inc., supra.