Cascadian Fruit Shippers, Inc.

National Labor Relations Board - Board DecisionsNov 7, 1947

75 N.L.R.B. 200 (N.L.R.B. 1947)

In the Matter of CASCADIAN FRUIT SHIPPERS, INC., EMPLOYER and CANNERY WAREHOUSEMEN, FOOD PROCESSORS, DRIVERS & HELPERS, INTERNATIONAL BROTIJERHOOD of TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN AND HELPERS, A. F. L., PETITIONER Case No. 19-R-2126.-Decided November 7, 1947 Crollard & O'Connor, by Mr. A. J. O'Connor, of Wenatchee, Wash., for the Employer. Mr. Charles C. Hughes, of Wenatchee, Wash., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Wenat- chee, Washington, on August 5, 1947, before Daniel R. Dimick, hear- ing officer . The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Cascadian Fruit Shippers, Inc., is a Washington corporation main- taining an office and warehouse in Wenatchee, Washington, where it it engaged in the business of packing, warehousing, and selling fruits. During the year 1946 the Employer sold products in an amount ex- ceeding 1 million dollars of which approximately 95 percent was shipped outside the State of Washington. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, 75 N L R. B, No. 25. 200 CASCADIAN FRUIT SHIPPERS, INC. 201 -which in turn is affiliated with the American Federation of Labor, -claiming to represent employees of the Employer. III. THE QUESTION CONCEP.\ING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting conunerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. Iv. TILE APPROPRIATE UNIT The parties stipulated and we find that all employees of the Em- ployer at its Wenatchee, Washington, plant or in sheds or lots con -nected therewith or adjacent theretowhere commodities or materials are processed or stored, excluding office and clerical employees, lab- -oratory employees, field inen, and all supervisors , constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Cascadian Fruit Shippers, Inc., Wenatchee, Washington, 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 Nineteenth Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-Series .5, among the employees in the unit found appro- priate 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 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, to determine whether or not they desire to be represented by Cannery Warehousemen, Food Processors, Drivers & Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, A. F. L., for the purposes of collective bargaining.