Earl Fruit Co.

National Labor Relations Board - Board Decisions

Nov 16, 1953

107 N.L.R.B. 64 (N.L.R.B. 1953)

64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
EARL FRUIT COMPANY and UNITED FRESH FRUIT AND
VEGETABLE WORKERS, LOCAL INDUSTRIAL UNION NO.
78, CIO, Petitioner . Case No. 20 -RC-1874. November 16, 1953
SUPPLEMENTAL DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
Pursuant to a Decision and Direction of Election 1 issued by
the Board on October 24, 1954, anelectionby secret ballot was
conducted on July 28 , 1953, among the employees at the Em-
ployer ' s pear packing shed in Walnut Grove, California, in the
unit found appropriate in the Decision . At the conclusion of the
election , the Regional Director furnished the parties with a
tally of ballots , which showed that of approximately 86 eligible
voters, 39 cast ballots for, and 45 cast ballots against, the
Petitioner and that 1 ballot was void.
On August 3, 1953, the Petitioner filed timely objections to
conduct affecting the results of the election , alleging (a) that
the Employer ' s observer at the election was a supervisor as
defined in the Act, and therefore disqualified from acting in
such capacity; (b) that the Employer transported three former
employees to the plant to vote; and ( c) that the Employer mis-
represented the payroll list to the Petitioner and caused per-
sons other than shed employees to enter the plant for the
purpose of voting.
In accordance with the Board's Rules and Regulations, the
Regional Director conducted an investigation , and on September
3, 1953, issued and duly served upon the parties his report on
objections . In this report , the Regional Director found that the
Employer's observer at the election, a receiver - checker, was
a supervisor as defined in the Act, and, therefore, concluded
that objection ( a) raised material and substantial issues with
respect to the election , and recommended that the Board sustain
the objection and set aside the election . In view of this conclu-
sion, the Regional Director found it unnecessary to consider
objections (b) and (c). On September 11, 1953, the Employer
filed timely exceptions to the Regional Director ' s report and to
his recommendation that the election be set aside.
With respect to objections (b) and (c), the Petitioner chal-
lenged no voters as being ineligible . Its belated objections on
this score are in the nature of post-election challenges and will
not be entertained.2
With respect to objection ( a), the Petitioner objected imme-
diately before the election to the use of the receiver - checker
as the Employer ' s observer on the ground that he was a super-
visor . The Employer denied that the receiver - checker was a
supervisor and declined to withdraw him as its observer. The
Petitioner thereupon withdrew its objection . The Board's agent,
I Not reported in the printed volumes of Board decisions.
2 Calcor Corporation , 106 NLRB 539.
107 NLRB No. 1
INTERNATIONAL METAL PRODUCTS COMPANY 65
who was charged with the proper conduct of the election,
acquiesced, and did not pursue the matter further . On the basis
of the present record we are not able to determine the status
of the receiver -checker and his eligibility to serve as an
observer in a Board-conducted election . The Employer's
packing season , moreover, is too short to make an adequate
investigation and determination of the issue , and to conduct
another election. Accordingly, under all the circumstances,
the Board concludes it would not effectuate the policies of the
Act to set this election aside. 3
Because no labor organization won the election , we shall
therefore issue a certification of results of election to that
effect. This action, however , is without prejudice to the Peti-
tioner to file a new petition for representation and certification
of representatives prior to the time when the 1954 packing
season opens.4
[The Board certified that a majority of the valid ballots was
not cast for United Fresh Fruit and Vegetable Workers, Local
Industrial Union No. 78 , CIO, and that this labor organization is
therefore not the exclusive representative of the employees of
the Employer in the unit heretofore found appropriate.]
Member Murdock took no part in the consideration of the
above Supplemental Decision and Certification of Results of
Election.
SChairman Farmer would overrule this objection on the ground that the Union waived its
right to object by withdrawing its objection prior to the election.
4 We consider that the 39 ballots cast for the Petitioner in the recent election constitute a
sufficient showing of interest among employees in the appropriate unit to support the enter-
tainment of a new petition.
ADAM D. GOETTL AND GUST GOETTL, d/b/a INTERNA-
TIONAL METAL PRODUCTS COMPANY' and UNITED
STEELWORKERS OF AMERICA, CIO, Petitioner. Case
No. 21-RC-3187. November 16, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed , a hearing was held before Floyd
C. Brewer, hearing officer. The hearing officer ' s rulings made
at the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in this case , the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
2. The labor organizations involved claim to represent
certain employees of the Employer.
1 The Employer ' s name appears as amended at the hearing.
107 NLRB No. 23.