California Walnut Growers Association

National Labor Relations Board - Board DecisionsSep 20, 1949

86 N.L.R.B. 28 (N.L.R.B. 1949)

In the Matter of CALIFORNIA `VALNUT GROWERS ASSOCIATION, EM- PLOYER and MISCELLANEOUS WAREHOUSEMEN, DRIVERS & HELPERS UNION LOCAL No. 986, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. or L., PETITIONER Case No. 21-RC-882.-Decided September 00, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before George H. O'Brien, hearing 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 Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations. involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. In accordance with the stipulation of the parties, we find that the following employees of the Employer constitute a unit. appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act : All employees of Shelling Plants No. 1 and 2, employees of the Shelling Plants working in the Union Pacific sheds, and employees of the cellophane packaging department in Vernon, excluding ware- 1 The hearing officer properly granted the motion of Food , Tobacco, Agricultural and Allied Workers Union of America, CIO, herein called the PTA, to intervene. He denied the motion of Local 25 to intervene . The PTA, but not Local 25, has complied with the filing requirements of the Act. Both Local 25 and the FTA were signatories to a contract with the Employer which expired on August 15, 1949. 86 N. L. R. B., No. 7. 28 CALIFORNIA WALNUT GROWERS ASSOCIATION 29 house and field department employees in the Union Pacific sheds, em- ployees of the Vernon warehouse, employees of the Mill Street ware- house, and nurses, timekeepers, construction department, office and professional employees, guards, and supervisors. 5. The Employer's packing business is seasonal in nature, the peak season being between October 1 and November 30. The parties have joined in requesting that, if an election is directed, it should be held some time during the peak of the season. To hold the election during the peak of the season will obviously result in making the franchise available to the greatest number of employees. Under those circum- stances, we shall direct that the election be held at or about the peak of the next seasonal production period, on a date to be determined by the Regional Director, among the employees in the appropriate unit who are employed during the pay-roll period immediately preceding the date of the issuance of Notice of Election by the Regional Director. DIRECTION OF ELECTION 2 As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted on a date to be selected by the Regional Director, subject to the instructions set forth in paragraph 5 above, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of issuance of Notice of Election by the Regional Director, including employees who do not work during said pay-roll period because they are ill or on vacation or temporarily laid off, but excluding those employees who quit or are discharged for cause after the eligibility date but before the election 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 determine whether or not they desire to be represented, for purposes of collective bargaining, by Miscellaneous Warehousemen, Drivers & Helpers Union Local No. 986, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L. 2 Food , Tobacco, Agricultural and Allied Workers Union of America , CIO, Is omitted from the ballot because of the failure of Its local to comply with the filing requirements In Section 9 (f), (g), and (h). In the event that Local 25 effects compliance with the filing requirements of the Act within 2 weeks from the date of this Direction , the Regional Director is instructed to accord Food, Tobacco, Agricultural and Allied Workers Union of America, CIO , and its Local No. 25 , a place on the ballot in the election directed herein.