California Walnut Growers Association

National Labor Relations Board - Board Decisions

Mar 18, 1940

21 N.L.R.B. 689 (N.L.R.B. 1940)

In the Matter of CALIFORNIA WALNUT GROWERS ASSOCIATION and
WALNUT WORKERS UNION, LOCAL 92 OF U NITED CANNERY, AGRICUL-
TURAL. PACKING AND ALLIED WORKERS OF AMERICA
Cases Nos. C-762 and R-816
CERTIFICATION OF REPRESENTATIVES
March 18, 1940
On December 20, 1939, the National Labor Relations Board,
herein called the Board, issued a Decision, Order, and Direction of
Election in the above-entitled proceedings.' On February 19, 1940,
the Board issued a Supplemental Direction of Election.2 Pursuant
to the Supplemental Direction of Election, an election by secret
ballot was conducted on February 21, 1940, under the direction and
supervision of the Regional Director for the Twenty-first Region
(Los Angeles, California). On February 23, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series '4, as amended,
issued and duly served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows:
Total number eligible to vote______________________________ 1,306
Total number of ballots cast______________________________ 1,251
Total number of valid votes cast________________________ 1,240
Total number of votes for Walnut Workers Union, Local
#92, U C. A. P A. W. A of C I. 0_______________________ 629
Total number of votes against Walnut Workers Union, Local
#92, U. C A. P. A. W. A. of C. I 0_______________________ 611
Total number of challenged ballots________________________ 11
Total number of blank ballots_____________________________ 0
Total number of void ballots ______________________________ 0
The challenged ballots were not counted nor ruled upon by the
Regional Director since they could not have materially affected the
results of the election.
Thereafter, on February 26, 1940, California Walnut Growers
Association filed with the Regional Director Objections to Conduct
1 18 N L R. B 493.
2 20 N. L. R. B. 565.
21 N. L. R. B, No. 70
689
690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Ballot and to the Election Report. Pursuant to Article III,
Section 9, of said Rules and Regulations, the Regional Director con-
sidered the Objections of California Walnut Growers Association,
prepared a Report on Objections, dated February 28, 1940, based
upon such consideration, duly served copies of his Report upon the
parties, and forwarded the Election Report, Objections, and Report
on Objections to the Board. The Board has considered the Objec-
tions and the Report on Objections and finds that the Objections raise
no material issue with respect to the conduct of the election, but are
concerned exclusively with matters which were of record before the
Board and which the Board duly considered in issuing its Decision,
Order, and Direction of Election.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 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 Walnut Workers Union, Local 92
of United Cannery, Agricultural, Packing, and Allied Workers of
America has been selected by a majority of the employees employed
by California Walnut Growers Association at its Los Angeles
Shelling Plants Nos. 1 and 2, excluding supervisory, clerical, and
office employees, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, Walnut
Workers Union, Local 92 of United Cannery, Agricultural, Pack-
ing and Allied Workers of America, 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 con-
ditions of employment.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Certification of Representatives.