George G. Averill, G. A. Dahl & Co.

National Labor Relations Board - Board Decisions

Feb 2, 1940

20 N.L.R.B. 101 (N.L.R.B. 1940)

In the Matter of GEORGE G. AVERILL, G. A. DAHL & COMPANY,
HUNTER-JOHNSON COMPANY, MCDANIELS & SONS, INC., LEWIS A.
TERVEN, THon PACKING COMPANY, A. & H. PRODUCE COMPANY, A.
ARENA & COMPANY, AMERICAN FRUIT GROWERS, M. O. BEST COM-
PANY, FRED R. BRIGHT COMPANY, BRUCE CHURCH, J. P. CARTER,
CROWN PACKING COMPANY, C. P. DENNY, DORMAN FARMS COMPANY,
ALEx E. ENGLEMAN, FARLEY FRUIT COMPANY, FARMERS PRODUCE
COMPANY, FITZGERALD & LITRON, CHARLES FREEDMAN, ALBERT S.
GARGUILO, S. A. GERRARD COMPANY, GOLDEN VALLEY PRODUCE COM-
PANY, M. A. GOTFRIED, FRED G. HILVERT CO., E. B. HUNTER, IM-
PERIAL GARDEN GROWERSI FRANK NARUTO & Co. LTD., JOSEPH PAL-
MISANO COMPANY, SMITH THORNBURG COMPANY, GEORGE SWINK, LEVI
ZENTNER, WESTERN VEGETABLE DISTRIBUTORS and FRESH FRUIT &
VEGETABLE WORKERS UNION, LOCAL 78, C. I. O.
Cases Nos. R-1257 to R-1290, inelueive
THIRD SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTIONS
February 2, 1940
On June 28, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Direction of Elections, and Or-
der in this case.' The Direction of Elections directed that elections
by secret ballot be conducted under the direction and supervision of
the Regional Director for the Twenty-first Region (Los Angeles,
California) at such time as the Board might in the future direct :
(1) among specified employees 2 of each of the employers listed in
Appendix "A," respectively, to determine whether or.not they desire
to be represented by Fresh Fruit & Vegetable Workers, Local No. 78,
United Cannery, Agricultural, Packing and Allied Workers of
113 N. L. R. B. 411.
2AI1 receivers, truckers, trimmers, packers, crate liners, icemen, lidders, carloaders, and
others employed, during a pay-roll period to be determined by the Board at a future date,
as packing-shed workers in the packing and shipping of lettuce in the Imperial Valley
district of California, or at Somerton, Arizona, excluding office help, foremen, teamsters,
boxmakers, and employees who, between the pay-roll date to be determined by the Board
and the date of the election, have quit or been discharged for cause.
- 20 N. L. R. B., No. 7. -
101
283031-41-vol. 20-8 -
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
America, affiliated with the Congress of Industrial Organizations,
herein called the United, for the purposes of collective bargaining;
and (2) among such specified employees 2a of each of the employers
listed in Appendix "B," respectively, to determine whether they de-
sire to be represented by the United, or by Fruit & Vegetable Packers
Association of California., herein called the Association, for the
purposes of collective bargaining, or by neither. On January 15,
1940, the Board issued a Supplemental Decision and Direction of
Elections a in which it directed that elections among employees of
employers listed in Appendix "A" be held not later than January
25, 1940, and stated that inasmuch as the Regional Director had in-
formed the Board that the United did not wish to participate in the
elections among employees of employers listed in Appendix "B," and
that the Association had failed to reply to an inquiry whether it
desired that such elections be held, the Board would proceed at that
time with elections among employees of employers listed in Appendix
"A" only.
After the issuance of such Supplemental Decision and Direction
of Elections, the Association notified the Board that it desired that
elections be held -immediately among the employees of employers
listed in Appendix "B." It appeared, however, that on January 5,
1940, the United filed with the Regional Director charges alleging
that, on and since. January 20,.'1939,.20 of, the employers :listed in
'Appendix "B," through their foremen and other supervisory em-
ployees, by telling members 'of the United in their employ that they
must become members of the Association in order to receive employ-
ment during the lettuce-packing season, had engaged in and were
engaging in unfair labor practices within the meaning of Section
8 (1) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449. On January 20, 1940, the Board issued a Second
Supplemental Decision and Direction of Elections' ' in which it
directed that elections among employees of such of the employers
listed in . Appendix "B," as to whom no charges have been filed ' be
held 'not later4han January 30,"1940.
After the issuance of such Second Supplemental Decision and
Direction of Elections, the Regional Director notified the Board
that the United had withdrawn its charges against 18 of the
employers. We shall, therefore, proceed with elections among the
employees of these 18 employers.e The Regional Director has further
notified the Board that his investigation discloses that eligibility to
za See footnote 2, supra.
319 N. L. R. B. 427.
4 19 N. L. It. B. 430.
5 The eight ' employers against whom no..cliarges have been filed are listed in Appendix
"C," below.
6 The 18 employers against whom the charges were originally filed and subsequently
withdrawn are listed in Appendix "D," below.
GEORGE G. AVERILL 103
vote in these elections can most equitably be determined by reference
to the pay rolls of the respective employers for the calendar week
ending January 27, 1940, and that, because of an expected curtail-
ment of the current lettuce-packing season, the elections should be
concluded not later than February 17, 1940. We shall adopt these
recommendations.
THIRD SUPPLEMENTAL DIRECTION OF ELECTIONS
By virtue of and 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 amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining,
elections by secret ballot shall be conducted as soon as possible, but not
later than February 17, 1940, under the direction and supervision of
the Regional Director 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 the receivers,
truckers, trimmers, packers,, crate liners, icemen, lidders, carloaders,
and others employed. as packing-shed workers in the packing and ship-
ping of lettuce in -the-..Imperial Valley district of California, or at
Somerton, Arizona, who were employed during the calendar week
ending January 27, 1940, by each of the employers listed in Appendix
"D," respectively, excluding office help, foremen, teamsters, box-
makers, and employees who have since quit or been discharged for
cause, to determine whether such employees desire, in the case of each
such employer, to be represented by Fresh Fruit & Vegetable Workers,
Local No. 78, United 'Cannery, Agricultural, Packing and Allied
Workers of America, affiliated with the Congress of Industrial Organi-
zations, or by Fruit & Vegetable Packers Association of California,
for the purposes of collective bargaining, or by neither.
APPENDIX "A"
1. George G. Averill.
2. Hunter Johnson.
3. McDaniel & Sons, Inc.
4. Lewis A. Terven.
5. M. E. Thornburg, an individual doing business as Thor Packing
Company.
APPENDIX "B"
1. V. Honda & A. Aisawa, co-partners doing business under the name
of A. & H. Produce Company.
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. A. Arena & Co., Ltd.
3. American Fruit Growers, Inc.
4. M. 0. Best, an individual doing business as M. 0. Best Company.
5. Fred R. Bright, an individual doing business as Fred R. Bright
Company.
6. Bruce Church, an individual doing business as Bruce Church Co.
7. J. P. Carter.
8. Crown -Packing Company.
9. C. P. Denny.
10. Dorman Farms Company.
11. Alex E. Engleman:
12. Farley Fruit Company.
13. Farmers Produce Co., Ltd.
14. J. E. Fitz-Gerald and Abraham Litrov, co-partners doing business
under name of Fitz-Gerald and Litrov.
15. Charles Freedman and 0. J. Jennings, co-partners doing business
under the name of Charles Freedman.
16. Albert A. and Louise Gargiulo, co-partners doing business under
the name of Albert A. Gargiulo.
17. The S. A. Gerrard Co. Inc.
18. Golden Valley Produce Co., Ltd.
19. M. A. Gotfried, an individual doing business as M. A. Gotfried Co.
20. Fred G. Hilvert Co., a common law trust.
21. E. B. Hunter.
22. Imperial Garden Growers.
23. Frank Naruto & Co., Ltd.
24. Joseph Palmisano, an individual doing business as Joseph Pal-
misano Company.
25. Floyd N. Smith and Wayne Thornburg, co-partners doing business
under the name of Smith-Thornburg Co.
26. George Swink.
27. A. Levy & J. Zentner Co.
28. Elmer Hartner and Calvin Kunz, co-partners doing business under
the name of Western Vegetable Distributors.
APPENDIX "C"
1. J. P. Carter.
2. C. P. Denny.
3. Dorman Farms Company.
4. M. A. Gotfried, an individual doing business as M. A. Gotfried Co.
5. E. B. Hunter.
6. Imperial Garden Growers.
7. Joseph Palmisano, an individual doing business as Joseph Pal-
•misano Company.
8. George Swink.
GEORGE G. AVE•RILL 105
APPENDIX "D"
1. V. Honda & A. Aisawa, co-partners doing business under the name
of A. & H. Produce Company.
2. American Fruit Growers, Inc.
3. M. O. Best, an individual doing business as M. O. Best Company.
4. Fred R. Bright, an individual doing business as Fred R. Bright
Company.
5. Bruce Church, an individual doing business as Bruce Church Co.
6. Crown Packing Company.
7. Alex E. Engleman.
8. Farley Fruit Company.
9. Farmers Produce Co., Ltd.
10.'J. E. Fitz-Gerald and Abraham Litrov, co-partners doing business
under the name of Fitz-Gerald and Litrov.
11. Charles Freedman and O. J. Jennings, co-partners doing business
under the name of Charles Freedman.
12. Albert A. and Louise Gargiulo, co-partners doing business under
the name of Albert A. Gargiulo.
13. Golden Valley Produce Co., Ltd.
14. Fred G. Hilvert Co., a common law trust.
15. Frank Naruto & Co., Ltd.
16. Floyd N. Smith and Wayne Thornburg, co-partners doing business
under the name of Smith-Thornburg Co.
17. A. Levy & J. Zentner Co.
18. Elmer Hartner and Calvin Kunz, co-partners doing business under
the name of Western Vegetable Distributors.
MR. WILLIAM M. LEiSERSON took no part in the consideration of the
above Third Supplemental Decision and Direction of Elections.
[SAME TITLE]
CERTIFICATIONS OF REPRESENTATIVES
AND
ORDER
February 12, 1940
On June 28, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision, Direction of Elections, and Order in the
above-entitled proceedings." On January 15, 1940, the Board issued a
Supplemental Decision and Direction of Elections.2 On January 20,
113 N. L. R. B. 411.
2 19 N . L. R. B. 427.
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1940, the Board issued a Second Supplemental Decision and Direction
of Elections.3 On February 2, 1940, the Board issued a Third Sup-
plemental Decision and Direction of Elections. Pursuant to the Sup-
plemental Decision and Direction of Elections, elections by secret
ballot were conducted among certain employees of George G. Averill,
Holtville, California, and McDaniel & Sons, Inc., near Somerton,
Arizona, on January 22, 1940, and January 20, 1940, respectively, un-
der the direction and supervision of the Regional Director for the
Twenty-first Region (Los Angeles, California). Pursuant to the
Second Supplemental Decision and Direction of Elections, elections
by secret ballot were conducted among certain employees of M.- A.
Gotfried, an individual doing business as M. A. Gotfried Co., Holt-
ville, California, Dorman Farms Company, Holtville, California, J. P.
Carter, Calexico, California, Imperial Garden Growers, Heber, Cali-
fornia, and Joseph Palmisano, an individual doing business as Joseph
Palmisano Company, El Centro, California, on January 26, 27, and
29, 1940, under the direction and supervision of the Regional Director
for the Twenty-first Region. On January 22, 24, 29,' and 30, 1940,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations- Series 2,
issued and duly- served upon the parties Election Reports on the above
elections . No objections to the conduct of the ballot or to the Elec-
tion Reports have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
GEORGE G. AVERILL
Total number eligible______________________________________ 26
Total number of ballots cast_______________________________ 26
Total number of challenged ballots_____ ____________________ 0
Total number of blank ballots____ __________________________ 0
Total number of void ballots_______________________________ . 0
Total number of valid votes cast ------- ------------------- 26
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. 0______________________________ 10
Total number of votes against Fresh Fruit & Vegetable Work-
ers Union , Local No. 78, C. I. 0__________________________ 16
McDANIEL & SONS, INC.
Total number eligible ______________________________________ 123
Total number of ballots east_______________________________ 114
Total number of challenged ballots_________________________ 0
Total number of blank ballots_____ ________________________ 0
Total number of void ballots_______________________________ 0
Total number of valid votes cast ___________________________ 114
3 19 N. L. R . B. 430.
GEORGE' G. AVERILL 107
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. O______________________________ 19
Total number of votes against Fresh Fruit & Vegetable Work-
ers Union, Local No. 78, C. I. O__________________________ 95
M. A. GOTFRIED
Total number eligible_____________________________________ 37
Total number of ballots cast_______________________________ 38
Total number of challenged ballots_________________________ 1
Total number of blank ballots_____________________________ 0
Total number of void ballots_______________________________ 0
Total number of valid votes cast___________________________ 37
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. 0._____________________________ 23
Total number of votes for Fruit & Vegetable Packers Asso-
ciation of California------------------------------------ 7
Total number of votes for neither__________________________ 7
DORMAN FARMS COMPANY
Total number eligible_____________________________________ 47
Total number of ballots cast_______________________________ 31
Total number of challenged ballots_________________________ 0
Total number of blank ballots______________________________ 0
Total number of void ballots_______________________________ 0
Total number of valid votes cast____________________________ 31
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. O______________________________ 10
Total number of votes for Fruit & Vegetable Packers Asso-
ciation of California____________________________________ 20
Total number of votes for neither__________________________ 1
J. P. CARTER
Total number eligible_____________________________________ 27
Total number of ballots cast_______________________________ 24
Total number of challenged ballots_________________________ 0
Total number of blank ballots______________________________ 0
Total number of void ballots ----------------- ------------- 1
Total number of valid votes cast____________________________ 23
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. O______________________________ 13
Total number of votes for Fruit and Vegetable Packers Asso-
ciation of California------------------------------------ 6
Total number of votes for neither__________________________ 4
IMPERIAL GARDEN GROWERS
Total number eligible_____________________________________ 19
Total number of ballots cast_______________________________ 19
Total number of challenged ballots_________________________ 0
Total number of blank ballots ------------ ---------------- 0
Total number of void ballots_______________________________ 0
Total number of valid votes cast___________________________ 19
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78 , C. I. O______________________________ 13
Total number of votes for Fruit & Vegetable Packers Asso-
ciation of California------------------------------------ 1
Total number of votes for neither __________________________ 5
JOSEPH PALMISANO
Total number eligible_____________________________________ 51
Total number of ballots cast_______________________________ 39
Total number of challenged ballots _________________________ 0
Total number of blank ballots______________________________ 0
Total number of void ballots_______________________________ 0
Total number of valid votes cast___________________________ 39
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. O_____________________________ 22
Total number of votes for Fruit & Vegetable Packers Asso-
ciation of California------------------------------------ 9
Total number of votes for neither __________________________ 8
We shall dismiss the petitions for investigation and certification of
employees of George G. Averill and McDaniel & Sons, Inc., since a
majority of those voting at the elections conducted among the em-
ployees of these firms have not signified that they desire to be repre-
sented by a labor organization.
CERTIFICATIONS OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 Fresh Fruit & Vegetable Workers
Union, Local No. 78, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority of the
receivers, truckers, trimmers, packers, crate liners, icemen, lidders,
carloaders, and others employed by M. A. Gotfried, Holtville, Cali-
fornia, J. P. Carter, Calexico, California, Imperial Garden Growers,
Heber, California, and Joseph Palmisano, El Centro, California, re-
spectively, as packing-shed workers in the packing and -shipping of
lettuce, but excluding office help, foremen, teamsters, and boxmakers,
as their representatives for the purposes of collective bargaining and
that pursuant to Section 9 (a) of the Act, Fresh Fruit and Vegetable
Workers Union, Local No. 78, affiliated with the Congress of Indus-
trial Organizations, is the exclusive representative, in the case of each
afore-mentioned employer of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment;
GEO'RGE G.. AVERILL 109'
IT IS HEREBY CERTIFIED that Fruit & Vegetable Packers Association
of California has been "designated and selected by a majority of the
receivers, truckers, trimmers, packers, crate liners, icemen, lidders;.
car loaders, and others employed by Dorman Farms Company, Holt-
ville, California, as packing-shed workers in the packing and ship-
ping of lettuce, excluding office help, foremen, teamsters, and
boxmakers, as their representative for the purposes of collective
bargaining and that pursuant to Section 9 (a) of the Act, Fruit &
Vegetable Packers Association of California is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment. '
ORDER
By virtue of Section 9 (c) 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 ORDERED that the petitions for investigation and certifi-
cation of representatives of employees of George G. Averill, Holt-
ville, California, and McDaniel & Sons, Inc.,.near Somerton, Arizona,
be, and they hereby are, dismissed.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Certifications of Representatives and Order.
20 N. L. R. B., No. 7a.
[SAME TITLE
FOURTH SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
February 12, 1940
On June 28, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision, Direction of Elections, and Order in this
case .' The Direction of Elections directed that elections by secret
ballot be conducted under the direction and supervision of the Re-
gional Director for the Twenty-first Region (Los Angeles, California)
at such time as the Board might in the future direct: (1) among speci-
fied employees 2 of each of the employers listed in Appendix "A,"
113 N. L. R. B. 411.
2 All receivers , truckers , trimmers, packers , crate liners . icemen, udders , carloaders, and
others employed , during a pay -roll period to be determined by the Board at a future date,
as packing -shed workers in the packing and shipping of lettuce in the Imperial Valley
district of California , or at Somerton , Arizona, excluding office help, foremen, teamsters,
boxmakers , and employees who, between 'the pay-roll date to be determined by the Board
and the date of the election , have quit or been discharged for cause.
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respectively, to determine whether or not they desire to be represented
by Fresh Fruit & Vegetable Workers, Local No. 78, United Cannery,
Agricultural, Packing and Allied Workers of America, affiliated with
the Congress of Industrial Organizations, herein called the United,
for the purposes of collective bargaining; and (2) among such specified
employees 2a of each of the employers listed in Appendix "B," respec-
tively, to determine whether they desire to be represented by _ the
United, or by Fruit & Vegetable Packers Association of California,
herein called the Association, for the purposes of collective bargain-
ing, or by neither. On January 15, 1940, the Board issued a Supple-
mental Decision and Direction of Elections 3 in which it directed that
elections among employees of employers listed in Appendix "A" be
held not later than January 25, 1940, and stated that inasmuch as the
Regional Director had informed the Board that the United did not
wish to participate in the elections among employees of employers
listed in Appendix "B," and that the Association had failed to reply
to an inquiry whether it desired that such elections be held, the Board
would proceed at that time with elections among employees of em-
ployers listed in Appendix "A" only.
After the issuance of such Supplemental Decision and Direction
of Elections, the Association notified the Board that it desired that
elections be held immediately among the employees of employers listed
in Appendix "B." It appeared, however, that on January 5, 1940,
the United filed with the Regional Director charges alleging that
on and since January 20, 1939, 20 of the employers listed in Appendix
"B," through their foremen and other supervisory employees, by tell=
ing members of the United in their employ that they must become
members of the Association in order to receive employment during
the lettuce-packing season, had engaged in and were engaging in un-
fair labor practices within the meaning of Section 8 (1) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. On
January 20, 1940, the Board issued a Second Supplemental Decision
and Direction of Elections 4 in which it directed that elections among
employees of such of the employers listed in Appendix "B," as to
whom no charges have been filed' be held riot later than, January 30,
1940.
After the issuance of such Second Supplemental Decision and Di-
rection of Elections, the Regional Director notified the Board that
the United had withdrawn its charges against 18 of the employers.
On February 2, 1940, the Board issued a Third Supplemental Deci-
zu See footnote 2 supra.
319 N.'L. R. B. 427.
419 N. L. R. B. 430.
6 The eight employers against whom no charges have been filed are listed in Appendix
"C," below.
GEORGE G. AVERILL 111
sion and Direction of Elections in which it directed that elections
among employees of such of the employers as to whom the charges
had been withdrawn 6 be held not later than February 17, 1940.
After the issuance of such Third Supplemental Decision and Direc-
tion of Elections , the Regional Director notified the Board that the
United had withdrawn its charges against the S. A. Gerrard Co., Inc.
The Regional Director further notified the Board that his investiga-
tion discloses that eligibility to vote in an election can most equitably
be determined by reference to the pay roll of the S. A. Gerrard Co., Inc.
for the calendar week ending January 27 , 1940, and that , because of
an expected curtailment of the current lettuce-packing season, the
elections should be concluded not later than February 17, 1940. We
shall adopt these recommendations.
FOURTH SUPPLEMENTAL DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat . 449, and pursuant to Article . III, Section 8, of
National Labor-Relations Board Rules and- Regulations-Series 2,
as amended , it is hereby
DIRECTED that, as part of the investigation authorized by. the. Board
to ascertain representatives for the purposes of collective bargaining,
an election by secret ballot shall be conducted as soon as possible, but
not later than February 17, 1940 , under the direction and supervision
of the Regional Director , 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
the receivers , truckers , trimmers, packers , crate liners , icemen, lidders,
carloaders , and others employed as packing-shed workers in the pack-
ing and shipping of lettuce who were employed during the calendar
week ending January 27, 1940, by the S. A. Gerrard Co., Inc., Braw-
ley, California , excluding office help , foremen, teamsters , boxmakers,
and employees who have since quit or been discharged for cause, to
determine whether such employees desire to be represented by Fresh
Fruit & Vegetable Workers, Local No. 78, United Cannery, Agricul-
tural, Packing and Allied Workers of America, affiliated with the
Congress of Industrial Organizations, or by Fruit & Vegetable Pack-
ers Association of California , for the purposes of collective bargaining,
or by neither.
The 18 employers against whom the charges were originally filed and subsequently
withdrawn are listed in Appendix "D," below.
112. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX "A"
1. George G. Averill
2. Hunter Johnson . , .
3. McDaniel & Sons, Inc.
4. Lewis A..Terven
5. M. E. Thornburg, an individual doing business as Thor Packing
Company
APPENDIX "B"
1. V. Honda & A. Aisawa,- co-partners doing business under the name
of A. & H. Produce Company
2. A. Arena & Co., Ltd.
3. American Fruit Growers, Inc.
4. M. 0. Best, an individual doing business as M. 0. Best Company
5. Fred R. Bright, an individual doing business as Fred R. Bright
Company
6. Bruce Church, an individual doing business as Bruce Church Co.
7. J. P. Carter
8. Crown Packing Company
9. C. P. Denny
10. Dorman Farms Company
11. Alex E. Engleman
12. Farley Fruit Company
13. Farmers Produce Co., Ltd.
14. J. E. Fitz-Gerald and Abraham Litrov, co-partners doing business
under name of Fitz-Gerald and Litrov
15. Charles Freedman and 0. J. Jennings, co-partners doing business
under the name of Charles Freedman
16. Albert A. and Louise Gargiulo, co-partners doing business under
the name of Albert A. Gargiulo
17. The S. A. Gerrard Co. Inc.
18. Golden Valley Produce Co., Ltd.
19. M. A. Gotfried, an individual doing business as M. A. Gotfried Co.
20. Fred G.' Hilvert Co., a common law trust
21. E. B. Hunter
22. Imperial Garden Growers
23. Frank Naruto & Co., Ltd.
24. Joseph Palmisano, an individual doing business as Joseph Palmi-
sano Company
25. Floyd N. Smith and Wayne Thornburg, co-partners doing business
under the name of Smith-Thornburg Co.
26. George Swink
27. A. Levy & J. Zentner Co.
28. Elmer Hartner and Calvin Kunz, co-partners doing business under
the name of Western Vegetable Distributors
GEORGE G. AVERILL 113
APPENDIX "C"
1. J. P. Carter
2. C. P. Denny
3. Dorman Farms Company
4. M. A. Gotfried, an individual doing business as M. A. Gotfried Co.
5. E. B. Hunter
6. Imperial Garden Growers
7. Joseph Palmisano, an individual doing business as Joseph Palmi-
sano Company
8. George Swink
APPENDIX "D"
1. V. Honda & A. Aisawa, co-partners doing business under the
name of A. & H. Produce Company
2. American Fruit Growers, Inc.
13. M. 0. Best, an individual doing business as M. 0. Best Company
4. Fred R. Bright, an individual doing business as Fred-R. Bright
Company
5. Bruce Church, an individual doing business as Bruce Church Co.
6. Crown Packing Company
7. Alex E. Engleman
8. Farley Fruit Company
9. Farmers Produce Co., Ltd.
10. J. E. Fitz-Gerald and Abraham Litrov, co-partners doing busi-
ness under name of Fitz-Gerald and Litrov
11. Charles Freedman and 0. J. Jennings, co-partners doing business
under the name -of Charles Freedman
12. Albert A. and Louise Gargiulo, co-partners doing business under
the name of Albert A. Gargiulo
13. Golden Valley Produce Co., Ltd. .
14. Fred G. Hilvert Co., a common law trust
15. Frank Naruto & Co., Ltd.
16. Floyd N. Smith and Wayne Thornburg, co-partners doing busi-
ness under the name of Smith-Thornburg Co.
17. A. Levy & J. Zentner Co.
18. Elmer Hartner and Calvin Kunz, co-partners doing business
under the name of Western Vegetable Distributors
MR. WILLIAM M. LEisExsoN took no part in the consideration of
the above Fourth Supplemental Decision and Direction of Election.
20 N. L. R. B., No. 7b.
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[SAME TITLE]
DIRECTION OF RUN-OFF ELECTION
February 11-1, 1940
On June 28, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Direction of-Elections, and Order
in the above-entitled proceeding? On January 15, 1940, the Board
issued a Supplemental Decision and Direction of Elections.' On
January 20, 1940, the Board issued a Second Supplemental Decision
and Direction of Elections .3 On February 2, 1940, the Board issued
a Third Supplemental Decision and Direction of Elections. Pur-
suant to the Second Supplemental Decision and Direction of Elec-
tions, an election by secret ballot was conducted on January 29, 1940,
among certain employees of C. P. Denny, Sandia, California, under
the direction and supervision of the Regional Director for the
Twenty-first Region (Los Angeles, California). On January 30,
1940, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2,
issued and duly served upon the parties an Election Report. No
objections to the conduct of the ballot or to the Election Report have
been filed by any of the parties.
As to the results of the secret ballot, the Regional Director reported
as follows :
Total number eligible to vote ________________________________ 30
Total number of ballots cast___ __________'____:______________ 27
Total number of challenged ballots__________________________ 1
Total - number of blank ballots _______________________________ 0
Total number of void ballots________________________________ 0
Total number of valid votes ' cast---------- ___________ 26
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. 0______________________________ 13
Total number of, votes for Fruit & Vegetable Packers Associa-
tion of California ---------------------------------------- 12
Total number'of votes for neither____________________________ 1
The Election Report shows that the vote of Osborne Walker was
challenged. • His name does not appear on the pay roll used for
determining eligibility to vote. The challenge is hereby affirmed.
The Election Report further reveals that in the election neither
'Fresh Fruit & Vegetable Workers Union, Local No. 78, C. I. 0., nor
Fruit & Vegetable' Packers Association of California, received a
majority of the valid votes cast. The majority of employees have,
however, indicated a desire to bargain collectively with C. P. Denny.
' 13 N. L. R. B. 411.
2 19 N. L. R. B. 427.
319 N. L. B. B. 430.
GEORGE G. AVERILL 115
Thereafter Fresh Fruit & Vegetable Workers Union, Local No. 78,
C. I. 0., which had received the greater number of votes cast in the
election, filed with the Regional Director a request for a run-off
election. We find that the question concerning representation which
has arisen can best be resolved by the holding of a run-off election
in which the employees in the appropriate unit will be given the
opportunity to decide whether or not they desire to be represented
by Fresh Fruit & Vegetable Workers Union, Local No. 7S, C: I. O.
DIRECTION OF RUN-OFF ELECTION
By virtue of and 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, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargain-
ing with C. P. Denny, Sandia, California, an election by secret ballot
shall be conducted not later than February 17, 1940, under the direc-
tion and supervision of the Regional Director for the Twenty-first
Region acting in this matter as agent for the National Labor Rela-
tioils Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all receivers, truckers, trimmers, packers, crate
liners, icemen, lidders, carloaders, and others employed by C. P.
Denny, Sandia, California, as packing-shed workers in the packing
and shipping of lettuce, who were employed during the calendar
week ending January 20, 1940, but excluding office help, foremen,
teamsters, and box makers, to determine whether or not.they desire
to be represented by Fresh Fruit & Vegetable Workers Union, Local
No. 78, C. I. 0., for the purposes of collective bargaining.
MR. WILLIAM M. LEISERSON .took no. part in the consideration of
the above Direction of Run=off Election.
20 N. L. R. B., No. 7c.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
February, 17, 1940'
On June 28, 1939, the National Labor Relations Board, herein called
the. Board, issued a Decision, Direction of Elections, and Order in the
above-entitled proceedings.' On January 15, 1940, the Board issued
a Supplemental Decision and Direction of Elections.2 Pursuant to
213 N. L. R. B. 411.
219 N. L. R. B. 427.
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the. Supplemental Decision and Direction of Elections, an election
by secret ballot was conducted among certain employees of Thor
Packing Company, Holtville, California, on January 22, 1940,. under
the direction and supervision of the Regional Director for the Twenty-
first Region (Los Angeles, California). On January 24, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, issued
and duly served upon the parties an Election, Report. No objections
to the conduct of,the.ballot or to the Election Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible________________________________________ 30
Total number of ballots cast_________________________________ 30
Total number of challenged ballots___________________________ 0
Total number of blank ballots________________________________ 0
Total number of void ballots_________________________________ 0
Total number of valid votes cast______________________________ 30
Total number of votes for Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. 0________________________________ 21
Total number of votes against Fresh Fruit & Vegetable Workers
Union, Local No. 78, C. I. 0________________________________ 9.
By virtue of and 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, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that Fresh Fruit & Vegetable Workers Union,
Local No. 78,- affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majorityofthe receivers, truck-
ers, trimmers, packers, crate liners, icemen, lidders, carloaders, and
others employed by Thor Packing Company, Holtville, California,
as packing-shed workers in the packing and shipping of lettuce, but
excluding office help, foremen, teamsters, and boxmakers, as their
representative for the purposes of collective bargaining and that pur-
suant to Section 9 (a) of the Act, Fresh Fruit & Vegetable Workers
Union, Local No. 78, affiliated with the Congress of In Organi-
zations, 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 conditions of employment.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
:above Certification of Representatives.
20 N. L. R. B., No. 7d.
GEORGE G. AVERILL. 117
[SAME TITLE]
CERTIFICATIONS OF REPRESENTATIVES
AND
J ORDER
February 26, 19.10
On June 28, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision, Direction of Elections, and Order in
the above-entitled proceedings.' On January 15, 1940, the Board
issued a Supplemental Decision and Direction of Elections.2 On
January 20, 1940, the Board issued a Second Supplemental Decision
and Direction of Elections.3 On February 2, 1940, the Board issued
a Third Supplemental Decision and Direction of Elections. Pur-
suant to the Third Supplemental Decision and Direction of Elec-
tions, elections by secret ballot were conducted among certain em-
ployees of Smith-Thornburg Co., Holtville, California; Bruce Church,
an individual doing business as Bruce Church Co., El Centro, Cali-
fornia; Farley Fruit Company, Calexico, California; Frank Naruto
& Co., Ltd., Holtville, California ; Farmers Produce Co., Ltd., Braw-
ley, California; American Fruit Growers, Inc., Brawley, California;
and V. Honda and A. Aisawa, copartners doing business under the
name of A. & H. Produce Company, Brawley, California, on Jan-
uary 10 and 13, 1940, under the direction and supervision of the
Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia). On February 12 and 14, 1940, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties Election Reports on the above elections. No
exceptions to the conduct of the ballot or to the Election Reports had
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
SMITH-THOeNBUBG CO.
Total number eligible to vote_________________________________ 57
Total number of ballots cast__________________________________ 40
Total number of challenged ballots____________________________ 0
Total number of blank ballots 0
Total number of void ballots 0
Total number of valid ballots cast_____________________________ 40
Total number of votes cast for Fresh Fruit & Vegetable Workers
Union Local No. 78, C. I. 0_________________________________ 34
113 N. L. R. B. 411.
2 19 N . L. It. B. 427.
319 N. L. R. B. 430.
288031-41-vol. 20--9
118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes cast for Fruit & Vegetable Packers Asso-
ciation of California--------------------------------------- 6
Total number of votes for neither_____________________________ 0
BRUCE CHURCH CO.
Total number eligible to vote ----------------------------------- 68
Total number of ballots cast ----------------------------------- 51
Total number of challenged ballots____________________________ 0
Total number of blank ballots_________________________________ 0
Total number of void ballots__________________________________ 0
Total number of valid ballots cast_____________________________ 51
Total number of votes cast for Fresh Fruit & Vegetable Workers
Union Local No. 78, C. I. O__________________________________ 19
Total number of votes cast for Fruit & Vegetable Packers Asso-
ciation of California--------------------------------------- 1
Total number of votes for neither_____________________________ 31
FARLEY FRUIT COMPANY
Total number eligible to vote_________________________________ 58
Total number of ballots cast__________________________________ 22
Total number of challenged ballots____________________________ 0
Total number of blank ballots________________________________ 0
Total number of void ballots_____________________________ ____ 0
Total number of valid ballots cast___________________ ___ 22
Total number of votes cast for Fresh Fruit & Vegetable Workers
Union Local No. 78, C. I. O_________________________________ 13
Total number of votes cast for Fruit & Vegetable Packers Asso-
ciation of California--------------------------------------- 9
Total number of votes for neither_____________________________ 0
FRANK NARUTO & CO., LTD.
Total number eligible to vote_________________________________ 16
Total number of ballots cast__________________________________ 16
Total number of challenged ballots____________________________ 0
Total number of blank ballots--------------------------------- 0
Total number of void ballots__________________________________ 0
Total number of valid ballots cast____________________________ 16
Total number of votes cast for Fresh Fruit & Vegetable Workers
Union Local No. 78, C. I. O_________________________________ 16
Total number of votes cast for Fruit & Vegetable Packers Asso-
ciation of California--------------------------------------- 0
Total number of votes for neither_____________________________ 0
FARMERS PRODUCE] CO., LTD.
Total number eligible to vote________________________________ 49
Total number of ballots cast________________________________ 19
Total number of challenged ballots_______ _____________________ 0
Total number of blank ballots______________________________ 0
Total number of void ballots________________________________ 0
Total number of valid ballots cast__________________________ 19
Total number of votes cast for Fresh Fruit & Vegetable Workers
Union Local No. 78, C. I. O__________________ __ 14
GEORGE G. AVEiRILL 119
Total number of votes cast for Fruit & Vegetable Packers
Association of California---------------------------------- 5
Total number of votes for neither---------------------------- 0
AMERICAN FRUIT GROWERS, INC.
Total number, eligible to vote-------------------------------- 71
Total number of ballots cast-------------------------------- 61
Total number of challenged ballots-------------------------- 0
Total number of blank ballots------------------------------ 1
Total number of void ballots-------------------------------- 0
Total number of valid ballots cast--------- ----------------- 60
Total number of votes cast for Fresh Fruit & Vegetable
Workers Union Local No. 78, C. I. 0---------------------- 32
Total number of votes cast for Fruit & Vegetable Packers
Association of California---------------------------------- 17
Total number of votes for neither-------------------------- 11
A. & H. PRODUCE COMPANY
Total number eligible to vote-------------------------------- 78
Total number of ballots cast-------------------------------- 34
Total number of challenged ballots-------------------------- 0
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number valid ballots cast----------------------------- 34
Total number of votes cast for Fresh Fruit & Vegetable
Workers Union Local No. 78, C. I. 0---------------------- 28
Total number of votes cast for Fruit & Vegetable Packers
Association of California---------------------------------- 2
Total number of votes for neither--------------------------- 4
We shall dismiss the petition for investigation and certification
of employees of Bruce Church, an individual doing business as,
Bruce Church Co., since a majority of those voting at the election
conducted among the employees of that firm have not signified that
they desire to be represented by a labor organization.
CERTIFICATIONS OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 HERERY CERTIFIED that Fresh Fruit & Vegetable Workers
Union Local No. 78, affiliated with the Congress of Industrial Organi-
zations, has been designated and selected by a majority of the re-
ceivers, truckers, trimmers, packers, crate liners, icemen, lidders, car-
loaders, and others employed by Smith-Thornburg Co., Holtville,,
California; Farley Fruit Company, Calexico, California; Frank
Naruto & Co., Ltd., Holtville, California; Farmers Produce Co., Ltd.,.
120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Brawley, California; American Fruit Growers, Inc., Brawley, Cali-
fornia; and V. Honda and A. Aisawa, copartners doing business
under the name of A. & H. Produce Company, Brawley, California,
respectively, as packing-shed workers in the packing and shipping of
lettuce, but excluding office help, foremen, teamsters, and boxmakers,
as their representative for the purposes of collective bargaining and
that pursuant to Section 9 (a) of the Act, Fresh Fruit & Vegetable
Workers Union, Local No. 78, affiliated with the Congress of In-
dustrial Organizations, is the exclusive representative, in the case
of each of the afore-mentioned employers, of such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor. Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Bruce Church,. an indi-
vidual doing business as Bruce Church Co., El Centro, California, be,
and it hereby is, dismissed.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Certifications of Representatives and Order.
20 N. L. R. B., No. 7e.