Corona Citrus Association

National Labor Relations Board - Board Decisions

Jul 3, 1940

25 N.L.R.B. 77 (N.L.R.B. 1940)

In the Matter of CORONA CITRus AssoCIATION and CORONA CITRUS
WORKERS INDUSTRIAL UNION, LOCAL #342 OF THE UNITED CAN-NERY,,11
A(RICULTURAL, PACKING AND ALLIED WORKERS OF AMI:RICA, C. 1. 0.1
Case No. R-1871.-Decided July 3, 1941)
Jurisdiction : citrus packing industry
Investigation and Certification of Representatives : existence of question where
employer refuses to accord full recognition to union; election necessary. '
After retus'e] to bargain with petitioning union on the ground that the
Company's employees are not subject to the Act, a new local assumea
jurisdiction over said employees and no showing is made that said local
requested recognition. Held that a question concerning representation has
arisen irrespective of change in the structure of the union
Under the provisions of the constitution of the international union, an
application for membership in it is also an application for membership'
in the appropriate local or locals Held applications for membership in
international union by a substantial number of employees of the Company
is sufficient designation of local seeking its name on ballot.
Unit Appropriate for Collective Bargaining : all production employees of the
Company employed in processing, grading, packing, and shipping products
of the Company, and all maintenance employees wherever located, including
receivers, general floor laborers, graders, packers, lidders, tally girls, box
makers, mechanics, and the assistant bookkeeper, but excluding officials of
the Company, supervisory employees, employees having the right to hire
and/or fire, and clerical employees wherever located
Definitions:
Packinghouse workers engaged in handling, processing, and packing
citrus fruits held not agricultural laborers within the meaning of the Act.
Practice and Procedure:
Pursuant to a motion made subsequent to the hearing, one local ordered
substituted for the petitioning local as party petitioner in the proceedings in all
respects as if said local had participated in the proceedings provided the substi-
tuted local files with the Board a statement that it assents to the substitution
of itself and waives any right of notice and binds itself to the record as.
made.
Mr. James A. Cobey, for the Board.
Mr. Ivan G. McDaniel, by 111r. George C. Lyon, of Los Angeles,.
Calif., for the Company.
Mr. T. R. Rasmussen, of Los Angeles, Calif., for the Union.
Mr. Louis S. Penfield, of counsel to the Board.
In accordance with a motion filed after the heaiing heicin, which we hereinafter
grant, the caption of the case has been changed
25 N. L. R. B., No. 15.
77
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 5, 1940, Fruit and Vegetable Packing House Workers
Union #78, affiliated with United Cannery, Agricultural, Packing and
Allied Workers of America,2 herein called the Fruit and Vegetable
Workers Union, a local of United Cannery, Agricultural, Packing and
Allied Workers of America, an International labor organization, herein
called the United, filed with the Regional Director for the Twenty-
first Region (Los Angeles, California) a petition alleging that a
question affecting commerce bad arisen concerning the representation
of employees of Corona Citrus Association, Corona, California, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. In accordance
with our ruling below upon a certain motion of the Fruit and Vegetable
Workers Union filed with the Board after the hearing herein, men-
tioned hereinafter, said petition is amended nine pro tune as of April
S. 1940, by striking therefrom the name of the Fruit and Vegetable
Workers Union, as party petitioner, and substituting therefor as
party petitioner the name of Corona Citrus Workers Industrial Union,
Local #342 of the United Cannery, Agricultural, Packing and Allied
Workers of America, C. I. 0., herein called the Union, a labor organi-
zation which also is a local of the United. On May 13 the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On May 20, the Regional Director issued a notice of hearing,
copies of which, together with copies of the petition, were duly served
upon the Company and upon the Fruit and Vegetable Workers
Union.'
Pursuant to the notice a hearing was held on June 3 4 at Los
Angeles, California, before James A. Cobey, the Trial Examiner
This is the correct name of the labor oigauization, as set forth in its constitution
3 The Union was not served with notice of hearing nor did it participate in the hearing
Howeier, as appeals from what is set forth below, we assume that the Union has
waived or is willing to wane, notice of hearing and pal ticipation in the hearing upon
the petition, and to accept the record as made for purposes of a determination of repi-
sent.itives we have piovided below for an opportunity to it to affirm this assumption
3 The notice of hearing specified that said heating would be conducted on June 4. 1940
At the heating the parties waived notice of the change of date of hearing and all
objections to holding the hearing on June
CORONA CITRUS ASSOCIATIONS 79
,duly designated, by the Board. The Company was represented
by counsel and the Fruit and Vegetable Workers Unions by its
representatives. Both of said parties participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing oil the issues was afforded
the parties. At the beginning of the hearing the Company moved to
dismiss the proceedings for want of jurisdiction of the subject mat-
ter, on the ground that all the employees of the Company referred to
in the petition and involved herein are excepted, as agricultural
laborers, from the provisions of the Act, and, further, that the Com-
pany is not engaged in nor do its operations affect interstate com-
merce. Ruling upon this motion was reserved for the Board. For
reasons sufficiently appearing below, the motion is hereby denied.
During the course of the hearing the Trial Examiner made various
rulings on objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and finds that no prej-
udicial errors were committed. The rulings are hereby affirmed.
Snice the hearing the Company has submitted to the Board a brief
in support of its position.
Subsequent to the hearing and on June 14 the Fruit and Vegetable
Workers Union, by its representatives lodged with the Board a
written motion, together with a certain stipulation annexed thereto
entered into by itself and the Company.' On June 19 the Board
issued an order snaking said motion and stipulation part of the
record herein, and duly served copies thereof upon, among others,
the Company and the .Fruit and Vegetable Workers Union. The
The Company has not opposed the- allowance of this motion, and
we assume from its participation in said stipulation that it has no ob-
jection to action by the Board in conformity therewith. In said
-notion the Fruit and Vegetable Workers Union requested that its
name be striken from the record wherever the same therein appeared
and that the name of the Union be substituted therefor. In the
annexed stipulation it and the Company agreed, subject to approval
by the Board, that if a certain named individual were called as a
witness herein, he would testify, in substance, that on May 27, 1940,
the United chartered the Union as a local thereof comprising the
membership of the United 8 in and about Corona, California, in-
cluding employees of the Company who were members of the United,
that the Union has jurisdiction over employees of the Company.
6 See footnote 3, supra
6 This is the same individual who appeared at the hearing in behalf of the Pnut and
vegetable workers Union
'while it is not entirely clear from these documents, we base concluded that the
Piuit and Vegetable workers Union is the party making the motion and in whose behalt
the stipulation was executed
8 Membership in any local of the United includes membership in the United
80 DECISIONS OF NA1IONAL LABOR' RELATIONS BOARD
and that "this change in organizational structure" was not known
by the representative of the Fruit and Vegetable Workers Union
at the time he appeared for the petitioner at the hearing herein-
The record shows that the membership of the Fruit and Vegetable
Workers Union includes members of the United employed in wide
areas in Arizona and California, and in the Hawaiian Islands. At
the hearing this organization claimed jurisdiction over, and to rep-
resent for collective bargaining purposes, persons affiliated with the,
United in and about Corona, California. In view of the facts thus
stipulated to and the record, the Board interprets the motion in
question as one to amend the petition in the manner already indicated,
to substitute the Union as party petitioner in these proceedings in
the place and stead of the Fruit and Vegetable Workers Union in
all respects and to the same extent as if the Union and not the Fruit
and Vegetable Workers Union had been and had acted as the party
petitioner herein, to place the name of the Union and not that of
the Fruit and Vegetable Workers Union upon the ballot in any elec-
tion which may be directed herein, and for any and all other action con-
sistent therewith and with the application made in said motion; and
to that end suggesting that the Union be taken as assenting to the
foregoing, waiving all right to notice of and participation in a
hearing on the petition, and consenting to being bound by the record
to the same extent as the Fruit and Vegetable Workers Union herein
may be bound. The Board hereby approves said stipulation, finds
the facts to be as therein alleged and hereinafter set forth, and grants
said motion. Inasmuch as it is unclear from the motion papers
whether the Union itself has joined in the application therein made
and, hence, whether it assents to action herein in conformity there-
with, the election which we have directed below shall be held only if
the Union files with the Regional Director, as part of the record
herein, and leave is hereby granted the Union so to do, its statement
setting forth that it assents to the substitution of itself as party
petitioner herein, waives any right to notice of or participation in a
hearing upon the petition, and binds itself to the record as made to
the same extent as the Fruit and Vegetable Workers Union may or
otherwise would be found.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a cooperative association organized and existing
under the laws of the State of California.s It has a membership of
9 Agi icultural Code of California , Ch, 4, div 6
CORONA CITRUS ASSOCIATIONS 81
t 9 citrus fruit growers, who own some 990 acres of citrus fruit groves
in and near Corona, California. The Company is engaged in the
business of picking, receiving, handling, washing, grading, assem-
bling, and packing the citrus fruits of its members, and in shipping
the fruit for marketing, as more particularly set forth hereinafter,
under a marketing agreement with the Queen Colony Fruit Ex-
change, a California corporation, -,whicli has a marketing agreement
with the California Fruit Growers Exchange, herein called the Fruit
Exchange, also a California corporation.
In connection with its operations the Company owns and inai n-
iains a packing house in Corona where the various processes from
receiving to shipping the fruit of its members are carried on. The
work involved is seasonal, dependent upon the maturity of the vari-
ous - fruits and upon grove conditions. In 1939 the Company em-
ployed a maximum of 106 and a minimum of 27 persons in its
packing house. Between May 1 and 16, 1940, it employed 73 such
workers. These proceedings are concerned only with employees of
the Company who work at the packing house.
As already indicated the fruits packed by the Company are grown
by its constituent members. In pursuance of a contract with each
member the Company undertakes to market all fruit grown, and
upon a sale thereof transmits to such member the avails thereof less
an amount to cover the- cost of packing. and marketing and certain
capital expenditures. The Company does its marketing through the
Queen Colony Fruit Exchange, a so-called district exchange, and the
Fruit Exchange, an organization comprising the afore-mentioned
and 24 other district exchanges. The Company has a written con-
tract with the Queen Colony Fruit Exchange which provides for
marketing by the exchange of all fruit controlled by the Company.
In turn, the Fruit Exchange has a written agreement with the Queen
Colony Fruit Exchange for the marketing of all fruit controlled
by such district exchange. The Fruit Exchange sells the fruit
marketed through the Queen Colony Fruit Exchange, and shipments
are made under bills of lading designating the Fruit Exchange as
consignor and consignee. Seventy-eight per cent of all citrus fruits
grown in California and Arizona are marketed in similar manner
by and through the Fruit Exchange. It conducts a large sales or-
ganization with headquarters in Los Angeles, California, and with
district sales offices in 57 of the larger cities of North America. It
has 32 additional suboffices in smaller centers. It engages in adver-
tising campaigns featuring the trade mark "Sunkist" throughout
the United States, and in Canada and Great Britain, and advertises
in periodicals, recipe books, consumer educational material, and
dealer displays which are circulated all over the world. The agree-
ment between the Fruit Exchange and the Queen Colony Fruit Ex-
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
change lists as one of its principal purposes and objects, "That the
business engaged in, being interstate in character, to secure at all
times full compliance with the laws of the United States
concerning Interstate Commerce. . . ." 10
In the 1938-1939 citrus fruit crop year, a typical year for the Com-
pany, the Company received at its packing house an amount of citrus
fruit totalling, when packed, at least 243,900 boxes. It diverted 31,346
of these boxes for use as byproducts, and, under the agreements above
mentioned marketed through the Fruit Exchange, which made ship-
ments thereof, 13,502 boxes in intrastate commerce, and 199,502 boxes,
valued in excess of $100,000, in interstate and foreign commerce. As
set forth below the fruit destined for such commerce was placed by
employees of the Company onto railroad cars consigned for markets in
California, other States, and foreign countries.
H. THE ORGANIZATIONS INVOLVED
Corona Citrus Workers Industrial Union, Local #342 of the United
Cannery, Agricultural, Packing and Allied Workers of America,
C. 1. 0., is a local of United Cannery, Agricultural, Packing and Allied
Workers of America, a labor organization affiliated with Congress of
Industrial Organizations. The Union admits to membership persons
employed at packing houses in and about Corona, California, including
persons employed in the packing house of the Company. The Union
was chartered as a local of the United on May 27, 1940, with its member-
ship comprising the membership of the United in the mentioned area
and with jurisdiction over the Company's employees.
Fruit and Vegetable Packing House Workers Union #78, affiliated
with United Cannery, Agricultural, Packing and Allied Workers of
America, is a local of United Cannery, Agricultural, Packing and
Allied Workers of America, admitting to membership workers em-
ployed in and around fruit and vegetable packing sheds, warehouses,
and grounds in Phoenix and Yuma, Arizona; Imperial Valley, Salinas,
and Lindsay, California; Hawaiian Islands, and elsewhere. On May
27, 1940, in pursuance of a reorganization of the parent body, the Fruit
and Vegetable Workers Union lost what jurisdiction it had over, and
its representation of, workers so employed in and about Corona,
California, including employees of the Company.
III. THE EMPLOYEES OF THE COMPANY
The Company employs in its packing house , receivers , floor laborers,
graders, packers , lidders , tally girls, •box makers, mechanics, and an
10 Pi tut Growers Supply Company, a subsidiary supply department of the Fruit Fx-
chanee, futuishes orchard and packing materials to affiliated grower members and con-
trols tmrbei holdings, lumber mulls, and box-manufacturing plants Approximately 15
per cent of the lumber used comes from outside California
CORONA CITRUS ASSOCIATIONS 83
assistant bookkeeper. Upon arrival by motor truck at the packing
house of the fruit from the groves, the receivers and floor laborers re-
move from the trucks the field boxes wherein the fruit is contained, cart
them into the packing house and place them or the fruit on proper con-
veyor belts, into hoppers or into the-so-called "pre-sorter." The floor
laborers also stack and load boxes of fruit which have been packed, and
do various other jobs around the packing house. Many of the opera-
tions performed in the packing house are done automatically by ma-
chines. The fruit placed in the "pre-sorter," has all leaves, trash, and
rocks there removed, and then is dumped into a soaking tank where it
passes through brushes which scrub it with soapy water. Next the
fruit goes into a tank containing a solution of borax; then past rollers
and dryers; then onto a waxer where clear wax is applied; and then
passes along on a moving belt for grading. The grading is performed
by the graders who in the course of their duties systematically separate
the various grades of fruit and remove the inferior fruit. After thus
being graded, the fruit passes into bins. The packers stand alongside
the bins and pick up the fruit, wrap it, and place it in boxes according
to a set standard of packing. The grading and packing work is done
exclusively by women. After the packcws finish packing the boxes of
fruit, the boxes are placed on a moving belt which conveys them to the
lidding machine where the lidders nail on the tops of the boxes. The
lidded boxes are checked by the tally girls and are then conveyed into
the "pre-cooler" storage room where they remain from 8 to 10 days
after which they are trucked to the loading platform by the floor
laborers and'placed in railroad cars adjacent to the packing house to
be shipped to markets within California, in other States,-and in foreign
countries. The box makers operate box machines which make the boxes
in which the fruit is packed. The mechanics oil and grease the
packing-house machinery. The so-called assistant bookkeeper checks
and keeps a record of fruit going in and out of the, "pre-cooler" storage,
but the larger part of his time is spent in stacking boxes.
The question concerning representation which we hereinafter find
to have arisen involves the afore-mentioned packing-house workers.
As above stated, the Company contended in support of its motion to
dismiss the proceedings that these workers are excepted, as agricul-
tural laborers, from the provisions of the Act. This contention is
T^ ithout merit.h1 We find that the afore-mentioned employees of
"North Whittier Heights Citrus Association v National Labor Relations Board, 109
F. (2d) 76-(C. C A 9), enf'g Matter of North Whittier Heights Citrus Association and
Citrus Packing House Workers Union, Local No 21091, 10 N L R B 1269 See also
Matter of Sierra Madre-Lamanda Citrus Association and Benjamsn H Bet'x, an sndi-
vidual doing business as Beta Packing Company and Citrus Packing House Woibers
Union , Local No 20,00, 28 N L R B 143, and cases cited in footnote 12 therein
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company are not agricultural laborers, within the meaning of
the Act.
IV. THE QUESTION CONCERNING REPRESENTATION
On April 4, 1940, the Conlptuiy refused, although requested by
the Fruit and Vegetable Workers Union, to bargain collectively with
that labor organization as the statutory representative of workers
employed by the Company in its packing house, on the ground,
among others, that the Company and its employees were not subject
to the Act. Thereafter, that union filed the petition herein claiming
to represent these employees for collective bargaining purposes and
alleging that a question concerning their representation had arisen.
Plainly, the refusal of the Company to bargain collectively gave rise
to such a question. As above stated, on May 27, 1940, the Union was
chartered as a local of the United comprising as its members, and
hence representing for collective bargaining purposes, the member-
ship of the United in and about Corona, California, with jurisdiction
over the afore-mentioned employees of the Company either affiliated
with or applying for membership in the United '12 Whom the Fruit
and Vegetable Workers claimed to represent and as to whom the ques-
tion concerning representation had arisen. ' While it is not slho-,w-n
whether the Union upon assuming jurisdiction over said employees
- of the Company, and thus, representing them for collective bargain-
ing, as set forth in Section VII, infra, ever requested collective bar-
gaining of the Company, it is evident in view of the maintained
position of the Company concerning the application of the Act to
itself and its packing-House workers, and Ave find, that any such request
had it been made would not have been granted.13 The question con-
cerning representation of these employees brought about by the
Company's position continued to exist, and now exists, irrespective of
of the change in the structure of the United which resulted in an
assignment to the Union of jurisdiction over and representation of
the employees involved herein. That question is presented by the
petition, as amended, and by the record before us.
We find that a question has arisen concerning the representation
of employees of the Company.
12 see Section VII, infr a
13 We have held under analogous circumstances that the labor organization involved
"is entitled to have its status as a statutory bargaining agency clarified and to present
that question concerning representation to the Board" Matter of National Mineral Com-
pany and Chronic Furniture, Handlers and Miscellaneous Ciafts Union, Local No 658 of
the Upholsterers' International Union affiliated with the American' Federation of Labor,
successors to Beauticians' Supplies and Cosmetic Woi'ters Unson,'Local 21107 (A, F of L ),
25 v L R B 3 -
CORONA CITRUS ASSOCIATIONS 85
V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON"
CONIMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and between the States and foreign countries, and tends to lead to
labor disputes burdening and obstructing commerce and the free flow
of commerce.
\'I. TIIL AI'PROJ'RIAJE UNIT
The petition alleges that "all production employees employed in
processing, grading, packing and shipping products of the Company;
and maintenance employees wherever located," but excluding officials
of the Company, supervisory employees, employees having the right to
hire and/or fire, and clerical employees wherever located" 15 consti-
tute a unit appropriate for the purposes of collective bargaining,
vv ithin the meaning of Section 9. As further defined by evidence
taken at the hearing, the unit would include receivers, general floor
laborers, graders, packers, lidders, tally girls, box makers, mechanics;
and an assistant bookkeeper. The Company does not contend that
such a unit would be inappropriate for collective bargaining, and has
no objection to such a unit being found to be appropriate. AVe see
no reason for not so finding. Accordingly, we find that all produc-
tion employees of the Company employed in processing, gracing,
packing and shipping products of the Ccnnpany, and all maintenance
employees wherever located, incluchug receivers, general floor la-
borers, graders, packers, lidders, tally girls, box makers, mechanics,
and the assistant bookkeeper, but excluding officials of the Company,
supervisory employees, employees having the right to hire and/or fire,
and clerical employees wherever located, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will insure
to the employees of the Company the full benefit of the right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
vii. DE'I'ERMTNATION OF REPRESENT'TTVES
As of May 1 to 16, 1940, the Company employed 73 persons within
the unit we have found to be appropriate. It appears from a state--
14 There is no showing as to what is meant by "wherever located " However, no issue
has been raised concerning he matter , and, as stated , the Company has no objection to
the unit claimed in the petition to be appropriate
15 See footnote 14, supra
2S i036-42-vol 25 i
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment and report made at the hearing by the Trial Examiner that
between March 11 and April 17, 1940, a substantial number of these
persons executed certain union application cards making application
of the United for membership in the United, and authorizing the
United "its local[,] 18 district and national offices [officers] 1' and
agents" to represent them "in all matters pertaining to wages, hours,
and conditions of work." We construe these cards as designating the
United and also the officers aiid agents of the local having from time
to time jurisdiction over the applicant, as collective bargaining rep-
resentative. We already have found that on May 27, 1940, the Union
was chartered as a local of the United, comprising in part as its
members the membership of the United among the Company's em-
ployees and having jurisdiction over the Company's employees. We
presume, and find, in view of the provisions of the constitution of the
United, that an application for membership in the United is also an
application for membership in the appropriate local or locals of
the United having jurisdiction over the applicant, in this instance,
the Union. In view of the foregoing and upon the record we find
that a substantial number of the employees of the Company by their
applications for membership in the United, and, therefore, in the
Union, as well as by their afore-mentioned authorizations, have
designated the Union as their collective bargaining representative.
However, under all the circumstances, we are of the opinion, and find,
that the question which has arisen concerning representation of em-
ployees of the Company can best be resolved by holding an election
by secret ballot. Accordingly we shall direct that an election be
held among those employees in the appropriate unit who were em-
ployed by the Company during the j)ay-roll period next preceding the
date of the Direction of Election, subject to such limitations and
additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF L. w
1. A question affecting commerce has arisen concerning the rep-
resentation of the employees of Corona Citrus Association, Corona,
California, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
ie It is apparent that an error was made in transcription of the hearing and that
the conjunctive "local district" was not intended , in view of the provisions of the con-
stitution of the United which refer to locals and districts , and not to local districts
17 This appears to be another error in tianscription • _
CORONA CITRUS ASSOCIATIONS 87
2. All production employees of the Company at Corona, Califor-
u:a, employed in processing , grading, packing and shipping products
of the Company and all maintenance employees wherever located,
including receivers , general floor laborers, graders, packers , lidders,
Ially girls, box makers, mechanics , and the assistant bookkeeper,
but, excluding officials of the Company. supervisory employees, em-
ployees having the right to hire and/or fire , and clerical employees
wherever located constitute a -unit appropriate for purposes of col-
lective bargaining, within the meaning of Section 9 (c) of the Na-
tional Labor Relations Act.
DIRECTION OF ELECTION
By virlue of :uid pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Section
8, of National Labor Relations Board Rules and Regulations-Series
2, as :upended, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargalunlg with Corona Citrus Association. Corona, California, all
election by secret ballot shall be conducted as early as possible but
not later than thirty (30) days from the date of this Direction of
Election, under the direction and supervision of the Regional Di-
rector for the Twenty-first Region, acting in this matter as agent
for the National Labor Relations Board and subject to Article III,
Section 9, of said Rules and Regulations, among, all production em-
ployees of the Company at Corona, California, employed in proces-
sing, grading, packing and shipping products of the Company and
all maintenance employees wherever located, including receivers, gen-
eral floor laborers, graders, packers, hdders, tally girls, box makers,
mechanics, and the assistant bookkeeper, whose names appear on the
pay roll of the Company during the pay-roll period next preceding
the date of this Direction of Election including employees not on
that pay roll because they were ill or on vacation, but excluding
those on said pay roll who have since quit or been discharged for
cause, and further excluding officials of the Company, supervisory
employees, employees having the right to hire and/or fire, and
clerical employees wherever located, to determine whether or not they
desire to be represented by Corona Citrus Workers Industrial Union,
Local #342 of the United Cannery, Agricultural, Packing and Allied
Workers of America., C. I. 0., for the purposes of collective bargain-
ing; Provided, however, that said labor organization file with the
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director as part of the record herein a statement made by
it'or its agent in that behalf setting forth that it assents to the sub-
stitution of itself as party petitioner herein, waives any right to notice
of or participation in a hearing upon the petition, and binds itself to
the record as made and to the Direction of Election to the same ex-
tent as Fruit, and Vegetable Packing House Workers Union #78,
affiliated with United Cannery, Agricultural, Packing and Allied
Workers of America would have been bound as a party petitioner.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Direction of Election.