Lindsay Orange Growers Association

National Labor Relations Board - Board Decisions

Mar 7, 1944

55 N.L.R.B. 292 (N.L.R.B. 1944)

In the Matter of WEBB PACKING COMPANY ; LAURA CAIRNS , ETHEL C.
ROWE, AND EDITH RUSSELL , PARTNERS , D/B/A LINDSAY ORANGE GROW-
ERS ASSOCIATION ; AMERICAN FRUIT GROWERS ; HILLSIDE PACKING CO.;
LINDSAY DISTRICT ORANGE Co.; LINDSAY CITRUS GROWERS ASSOCIA-
TION ; R. E. STARK , AN INDIVIDUAL,.D/B/A STARK & WADDELL PACKING
CORP.; STRATHMORE PACKING HOUSE Co.; FRANK BELMONT , AN INDI-
VIDUAL , D/B/A GRANADA PACKING Co.; E. E. KROWELLS AND C. J.
KROWELLS , A LIMITED PARTNERSHIP , D/B/A KROWELLS BROTHERS LIM-
ITED PACKING{ Co.; B. G. ROOKE AND E . W. KEYS, A PARTNERSHIP,
D/B/A B. G . RooKE PACKING Co.; LINDSAY COOPERATIVE CITRUS ASS'N ;.
BETZ PACKING Co.; RAYMOND ANDERSON , AN INDIVIDUAL ; LINDSAY
MUTUAL GROVES ; R. B. SINGLETARY AND H . J. FERRY, PARTNERS,
D/B/A ORANGE PACKING CO .; AMERICAN FRUIT GROWERS , INC.; POR-
TERVILLE CITRUS ASSN; S'IINLAND PACKING HOUSE COMPANY ; SUN-
FLOWER PACKING CORP.; MAGNOLIA CITRUS Ass'N ; RANDOLPH MAR-
KETING Co.; ED ALLEN AND DON SANDILANDS , COPARTNERSHIP,
D/B/A ALLEN- SANDILANDS PACKING Co.; TULE RIVER CITRUS AsS'N;.
RICHGROVE-JASMINE CITRUS ASS'N; W. TODD DOFFLEMEYER , AN INDI-
VIDUAL, D/R/A DOFFLEMYER PACKING CO .; STRATHMORE COOPERATIVE
ASSOCIATION ; STRATHMORE FRUIT GROWERS ASS'N ; STRATHMORE
DISTRICT ORANGE ASS'N and UNITED CANNERY , AGRICULTURAL,
PACKING & ALLIED WORKERS OF AMERICA , LOCAL 78, CIO
Cases Nos. 20-R-980, 20-R-981, 20-R-984 to 20-R-997, inclusive,,
20-R-999 to 20-R-1008, inclusive , and 20-R-1012 to 20-R-1014,
inclusive.-Decided March 7, 1944
Mr. Laurence B. Martin , of Los Angeles , Calif ., for Webb Packing
Company.
Mr. Ivan G. McDaniell , by Mr. George C . Lyon, of Los Angeles,.
Calif., for all Companies except Webb Packing Company ; Mr. H. S.
Millspaugh, of Lindsay, Calif ., appearing also for B. G . Rooke Pack-
ing House Co.
Gladstein , Grossmann , Sawyer & Edises, by Aubrey Grossman, of
San Francisco , Calif ., for the Union.
Mrs.' Augusta Spaulding , of counsel to the Board.
55 N. L . R. B., No.. 54.
292
WEBB PACKING COMPANY
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
STATEMENT OF THE CASE
293
Upon separate petitions duly filed by United Cannery, Agricultural,
Packing & Allied Workers of America, Local 78, herein called the
Union, alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Webb Packing Company;
Laura Cairns, Ethel C. Rowe, and Edith Russell, partners, d/b/a
Lindsay Orange Growers Association; American Fruit Growers;
Hillside Packing, Co.; Lindsay District Orange Co.; Lindsay Citrus
Growers Association; R. E. Stark, an individual, d/b/a Stark &
Waddell-Packing Corp.; Strathmore Packing House .Co.; Frank,Bel-
mont, an individual d/b/a Granada Packing Co.; E. E. Krowells and
,C. J. Krowells, a limited partnership, d/b/a Krowells Brothers Lim-
ited'Packing Co.; B. G. Rooke and E. W. Keys, a .partnership, d/b/a
B. G. Rooke Packing Co.; Lindsay Co-operative Citrus Ass'n; Betz"
Packing Co.; Raymond Anderson, an individual; Lindsay Mutual
Groves; R. B. Singletary and H. J. Ferry, partners, d/b/a Orange
Packing Co.; American Fruit Growers,.Inc.; Porterville Citrus Ass'n;
Sunland Packing House Company; Sunflower Packing Corp.; Mag-
nolia Citrus Ass'n; Randolph Marketing Co.; Ed Allen and Don
Sandilands, copartnership, d/b/a Allen-Sandilands Packing Co.;
Tule River Citrus Ass'n; Richgrove-Jasmine Citrus Ass'n; W. Todd
Dofflemyer, an individual, d/b/a Dofflemyer Packing' Co. ; Strathmore
Cooperative Association; Strathmore Fruit Growers Ass'n;- and
Strathmore District Orange Ass'n,l herein collectively called the
Companies, the National Labor Relations Board provided for an
appropriate consolidated hearing upon due notice before John Paul
Jennings, Trial Examiner. Said hearing was held at Lindsay, Cali-
fornia, on January 5, 1944. The Companies and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing
on the issues. During the course of the hearing, the Union requested
permission to withdraw 20 named petitions herein, on the ground that
the employers involved in these petitions had ceased to operate their
packing sheds for the season and that, for this reason, representative
elections among their employees could not be held. The cases covered
in the Union's motion are listed on Appendix A. The Trial Examiner
' The petitions and other formal papers were amended at the hearing to disclose the
correct names of the respective Companies
lk
294 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
did not rule on this motion. The request of the Union is hereby
granted, and we shall dismiss the petitions listed therein. During
the course of the hearing, the Union moved (1) that elections be held
immediately among employees of the remaining Companies which
were still operating and (2) that, in the case of Webb Packing Com-
pany, and certain other named Companies that had ceased, or would
cease, packing operations before an election could be held, the Board
certify the Union upon the present record or upon a record amplified
by additional, evidence to be adduced at a further hearing. For rea-
sons which' will' hereinafter appear, the'l3oard directed that elections
be held immediately after the hearing 'among employees of certain
named Companies. ' For-reasons stated below, the Union's motion with
respect -to certification upon the record is denied. During, the course
of the' hearing, -Webb; Packing Company moved, on several grounds;
to dismiss the; petition concerning its 'employees. For reasons which
-we'-'shall ;hereinafter state, we shall dismiss the petition concerning
employees of Webb Packing Company. The Trial-'Examiner's rul-
ings-made at the hearing are free from prejudicial error and are hereby
-affirmed., All parties were afforded" opportunity to file briefs with the
Board.'. The request' of the Cornpaliies for oral argument is 'hereby
denied. • - •
'Upon the entire record in the case, 'the Board makes the 4ollowing :
FINDINGS OF FACT
L• THE BUSINESS OF_ THE COMPANIES
The Companies involved in the consolidated proceeding are engaged
in the business -of packing oranges ' in California. They employ per-
sons for handling, sorting,'and packing the fruit during the packing
seasons. Each ' Company employs some local and. some transient
workers.. There are ,two orange seasons in the year, each of which
is of 2 to 3 months',duration. Some houses pack one season, and some
two, seasons: each year. Each packing house operates approximately
8 weeks per orange season . : The,navel orange season is in November
and December. The Valencia orange season is in April.'and May.
.Employment reaches its peak during approximately 1 week of each
season. r
During 1943, and up to December 11 of that•year; each of the Com-
panies herein involved packed and shipped to points outside Call-
.fornia, approximately 50 percent of the, total. number of 'oranges
:packed during' that period. Webb Packing Company, ,at. Liiiclsay,
a Among the reasons alleged for dismissal was the pendency of proceedings before, the
National War Labor Board, which , it was alleged , raised a conflict of jurisdiction of the
same issues between two Federal agencies . No case affecting the' employees ' of 'the Com-
panies is presently pending before the National War Labor Board '
WEBB PACKING COMPANY 295
packed oranges valued, in all, in excess of $100,000. Oranges are valE
ued at approximately $4 per box. The other Companies, at or near
the points in California designated, packed and shipped to points out=
side California boxes of oranges as follows : Lindsay Orange Growers
Association at Lindsay, 20,885 boxes; American Fruit Growers, at
Lindsay, 27,294 boxes; Hillside Packing Co., at Lindsay, 30,362 boxes;
Lindsay District Orange Co., at Lindsay, 37,587 boxes;.Lindsay Citrus
Growers Association, at Lindsay, 61,912 boxes; Stark & Waddell Pack-
ing Corp., at Lindsay, 78,378 boxes; Strathmore Packing House Co., at
Strathmore, 32,577 boxes ; Granada Packing Co:; at, Lindsay, 90,200
boxes'; Krowells Brothers Limited Packing Co., at Lindsay, 28,744
boxes; B. G. Rooke Packing Co., at Lindsay, 30,839 boxes; Lindsay Co-
operative Citrus Ass'n, at Lindsay, 24,717 boxes; Raymond Anderson,
at Lindsay, 18,129,boxes; Lindsay Mutual Groves, at Lindsay, .41,138
boxes; Orange Packing Co., at Lindsay, 27,157 boxes; American Fruit
Growers, Inc., at Porterville, 69,841 boxes; Porterville Citrus, Assn,
at Porterville,, 21;141 boxes; Sunland Packing House Company, at
Porterville, 62,945 boxes; Sunflower Packing Corp., at Porterville,
,31,450 boxes; Magnolia Citrus Ass'n, at Porterville, 57,372 boxes,.
Randolph Marketing Co., at Porterville, 51,822, boxes; Allen-.Sandi,-
lands Packing Co.,' at Porterville,, 33,810 boxes; Tule River Citrus
Ass'n, at Success, 29,243 boxes; Richgrove-Jasmine, Citrus Ass'n, at
Richgrove, 21,879,boxes; Dofliemyer Packing Co., at Woodlake, 10,659
boxes; Strathmore Cooperative- Association, at Strathmore, 51,191
boxes; Strathmore Fruit Growers Ass'n, at Strathmore, 41,281 boxes;
and Strathmore District Orange Ass'n,' at Strathmore, 39,802 -boxes?
We find that the several Companies, as listed, are engaged in com-
merce, within the meaning of the National Labor . RelationsAct.
II. THE ORGANIZATION INVOLVED
United 'Cannery, Agricultural, Packing &'Allied Workers of Amer-
ica, Local 78, is ,a labor organization affiliated with the Congress 'of
Industrial Organizations,' admitting to membership employees of
t
the Company.
III. THE APPROPRIATE UNIT ' . ", I
We find, in accordance with the stipulation of the parties, that all
employees of each of the several Companies herein involved, excluding
clerical employees, officials, and all supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
8 Betz Packing Co. is engaged in packing operations in packing houses owned by other
concerns : The record ' does not disclose the extent of packing done ' by this employer: ' The
petition concerning its employees is among those which ,the Union, requested permission to
,withdraw and, which we shall dismiss. " 2
296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the status of employees , or effectively recommend such action, con-
stitute, respectively , separate units appropriate for the purposes of
collective bargaining , within the meaning of Section 9 (b) of the Act.
IV. THE QUESTIONS CONCERNING REPRESENTATION ; THE DETERMINATION OF
REPRESENTATIVES
In or about the early part of December 1943, the Union requested
each of the Companies herein involved for recognition as exclusive
bargaining representative of its employees. Each employer refused
such recognition. Thereupon, the Union filed the several separate
petitions herein.
Our preliminary investigations indicated that questions affecting
commerce within the meaning of the Act had arisen concerning the
representation of employees of the several Companies concerned in
this consolidated proceeding. Upon the Union's request at the hear-
ing, we are dismissing 20 petitions. With respect to the remaining
petitions, the Union presented to the Field Examiner representation
cards 4 and, at the hearing, other evidence in support of its claim to
represent employees in the respective appropriate bargaining units
concerned therein. The Union filed no cards signed by employees of
American Fruit Growers, Inc., or by employees of Dofflemyer Pack-
ing Company. Testimony was introduced concerning the extent of
the Union's recent organizational drive among employees in the citrus
fruit packing industry, the extent of the Union's membership among
transient workers in the locality and in the agricultural industry, and
s The Union submitted to the Field Examiner evidence with respect to its representation
among the employees indicated as follows :
Granada Packing Co.: The Union presented 17 authorization cards bearing apparently
genuine signatures of employees listed on Granada's peak pay roll of December 18, 1943.
There are 55 employees listed on this pay roll in the appropriate unit.
Sunflower Packing Corporation : The Union presented 16 authorization cards bearing ap-
parently genuine signatures of employees listed on Sunflower 's peak pay roll of December
11, 1943. There are 88 employees listed on this pay roll in the appropriate unit.
Richgrove-Jasnvtne Citrus Ass'n: The Union presented 32 authorization cards bearing
apparently genuine signatures of employees listed on Richgrove's pay rolls of November
and December 1943. There are 77 employees of the Company listed on these pay rolls in
the appropriate unit.
Porterville Citrus Association : The Union presented 22 authorization cards bearing ap-
parently genuine signatures of employees listed on Porterville's peak pay roll of December
11, 1943. There are 44 employees listed on this pay roll in the appropriate unit.
Strathlmore Packing House Co.: The Union presented 6 authorization cards bearing
apparently genuine signatures of employees on Strathmore 's peak pay roll of December 21,
1. 943. There are 56 employees listed on this pay roll in the appropriate unit.
Lindsay Orange Growers Association : The Union presented 20 authorization cards bear-
ing apparently genuine signatures of employees on the Lindsay's peak pay roll of December
18, 1943. There are 56 employees listed on this pay roll in the appropriate unit.
The cards submitted by the Union in support of its claim to represent employees of
Granada Packing Co. were not checked against the pay roll of the employer until after the
close of the hearing. The parties agreed that the Field Examiner ' s statement concerning his
findings as to these cards should be marked "Board Exhibit No . 10," should be completed
after the close of the hearing, and should be considered part of the official record herein.
The Field Examiner 's statement concerning these cards , thus prepared , marked, and
identified , is hereby made, and is , part of the official record in this proceeding.
' WEBB PACKING COMPANY 297
the free interchange of such .employees in passing from one packing
Plant-to another during the packing season. The only issue between
the Union and each of the several employers concerned was the ques-
tion of the Union's'majority among employees in the units' respectively
agreed to be appropriate. At the, time of the hearing in this - pro-
ceeding Webb Packing Company had ceased its packing. operations
for ,the. season, and Lindsay Orange Growers Association was 'about to
shut, down its plant. - The navel orange season in this locality' was
rapidly drawing to a close. It was obvious that unless elections could
be held immediately among employees of .the operating'Companies, -no
elections among them could be held during the current season: It
seemed best, under all, the circumstances, to resolve the`questions,con-'
cerning the representation of these ,employees by immediate elections,
so far as practical. On January 6, 1944, the day after the hearing,
the Board'accordingly directed that separate elections be hel'd'as soon
as possible among employees-of Lindsay Orange Growers Associa-
tion; Strathmore Packing House Co.; Granada Packing,Co.; Amer-
ican Fruit Growers, Inc.; Sunflower Packing Corp.; Richgrove-Jas-
mine Citrus Ass'n; Dofliemyer,Packing,Co.; and Porterville Citrus
Ass'n.6
Those eligible to vote in - these separate- elections were 'all employees in-,the agreed
bargaining unit. "who had worked 6 days or more during the current season for the Com-
panies, as stipulated by the parties at the hearing, and who were employedby,one of said
Companies during the pay-roll period immediately preceding the 'date, of this Direction
(but if any such person has been employed during such-pay-roll period by more than one of
the Companies among whose employees an election'is herein dieected, he shall vote as the
employee of the Company for whom lie has worked the longest period of time)." Eligibility
was further made subject to the limitations and additions usual in Board elections.
s The eight employers iiaineii in our Direction of Elections filed a protest thereto, noting
that the issuance of our Direction was contiary to the nornial procedure outlined in Article
III, Section 9, of our Rules and Regulations and requesting that the Board set aside the
Direction and proceed in the usual manner, directing elections if expedient after a com-
plete analysis of the record and after the Board had adequate opportunity to consider briefs
filed with respect to the issues raised in 'the proceeding Foi ieasons noted above, it
seemed best to the Board to set aside its Rules and, to effectuate the policies of the Act,
adopt a procedure adapted to the exigencies of the particular situation herein. The Com-
panies do not deny the authority of the Board to set aside; its Rules, when such procedure
does not deny to any party in interest piotection affoided by the Act N. L. R. B. v. Pacific
Gas cC Electric Co., 118 F (2d) 780, 789 (C C A 9) None of the parties has shown that
any prejudice has ensued as a result of the proceduie'adopted herein Our findings of fact
are based, upon the entire record in this proceeding We find without merit the objections
of the Companies to the procedure which we adopted herein
American Fruit Growers, Inc , and Dofllemyei Packing Co. objected to the holding of
elections among their respective employees because' in advance of the issuance of our
Direction, the Union submitted no specific evidence with respect to its representation among
them As noted above, the Union offered some testimony with respect to its organizational
activity in the locality wherein the Companies operate, which we may assnme•involved the
employees of the Companies named, to some extent As we r have frequently stated in other
cases,-the Board generally requires that a labor organization subnnt'soine specific evidence
of its representation among employees among whom it desires iii election to be held in
order that the Board may be informed whether the election will probably result in the
selection of a bargaining representative The requiiem(ent of such preliminary evidence
with respect to union representation is for the benefit of the Board in carrying out the
purposes of the Act and the absence of such specific evidence does not constitute grounds
for objection on the part of the employer to an election held among its employees
298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director set January 12, 1944, as the day for the
elections to be held. Before that day, the Union advised the Regional
Director that it desired to withdraw its petition in Case No. 20-R-
989, involving employees of Strathmore Packing House Co., and no
election was held among them. Lindsay Orange Growers Associa-
tion had shut down its packing operations for the season. It was not
practical to hold an election among its employees at that, time, and
no election was held. Elections among employees of the other six
Companies named in the Direction were conducted on January 12,
1944, and on the same day, the Regional Director issued and served
upon the parties a Tally of Ballots, disclosing the results of the
elections as follows :
Granada Packing Company, 20-R-990
Approximate number. of eligible voters------------------------- 50
Valid votes counted-------------------------------------------- 23
Votes cast for the Union--------------------------------------- 20
Votes cast against the Union----------------------------------- 3
Challenged ballots--------------------------------------------- 1
Void ballots---------------------------------------------------- 0
American Fruit Growers, Inc., 20-R-999
Approximate number of eligible voters-------------------------- 78
Valid votes counted-------------------------------------------- Be
-Votes cast for the Union------------------------------------- 19
Votes cast against the Union------------------------------------ 37
Challenged ballots---------------------------------------------- 2
Void ballots--------------------------------------------------- 0
Sunflower Packing Corp., 20-R-1002
Approximate number of eligible voters-------------------------- 61
Valid votes counted-------------------------------------------- 49
Votes cast for the Union---------------------------------------- 40
Votes cast against the Union----------------------------------- - 9
Challenged ballots---------------------------------------------- 0
Void ballots--------------------------------------------------- 0
Richgrove-Jasmine Citrus Ass'n, 20-R-1007
Approximate number of eligible voters------------------------- 51
Valid votes counted-------------------------------------------- 35
Votes cast for the Union---------------------------------------- 24
Votes cast against the Union----------------------------------- 11
Challenged ballots---------------------------------------------- 1
Void ballots ----------------------------------------------------- 0
Dofflemyer Packing Co., 20-R-1008
Approximate number of eligible voters-------------------------- 27
Valid votes counted--------------------------------------------- 20
Votes cast for the Union--------------------------------------- 9
Votes cast against the Union------------------------------------ 11
Challenged ballots---------------------------------------------- 2
Void ballots--------------------------------------------------- 0
WEBB PACKING COMPANY
Portervelle Citrus Ass'n, 20-R-1000
299
Approximate number of eligible voters----------------------- -- 49
Valid votes counted-------------------------------------------- 41
Votes cast for the Union--------------------------------------- 35
Votes cast against the Union---------------------------------- 6
Challenged ballots-------------------------------------'--------- 4-
Void ballots---------------------------------------------------- 0
No objections to the Tally of Ballots or to the conduct of the elec-
tions were filed at the Regional Office within the customary 5-day
period: The Board has duly considered the objections to the conduct
of the elections raised in the several briefs of - the Companies filed
herein and finds such objections to be without merit.
• Since ' the Union_ has received a majority of the votes cast by em-
ployees'of Granada Packing Co., Sunflower Packing Corp., Richgrove-
Jasmine Citrus Ass'n, and Porterville Citrus Ass'n, respectively, we
shall certify the Union as the exclusive bargaining representative of
all such employees in the respective units heretofore found to be
.appropriate' for bargaining. Since no collective bargaining repre-
sent:hive has' been selected by a majority of employees of American
,Fruit 'Grow'ers, Inc., and Dofflemyer Packing Co.,'respectively; in the
separate units heretofore found to be appropriate for collective bar-
gaining, we shall-dismiss the petitions for, investigation and certifica-
tion of these employees. Since no election was held among employees
of Strathmore Packing House Co., and the Union desires to withdraw
its petition concerning these employees, we shall grant the request
.and dismiss this petition.
At the hearing in this proceeding, the Union moved that the Board
direct an election' among employes 'of Lindsay Orange Growers As-
sociation, but if that employer had ceased its seasonal 'operations be-'
fore an election could be conveniently held among its employees, the
Board should, as an alternative, certify the Union upon, the record.
No election could be held among the employees concerned" before the
seasonal shut-down. We find that the representation showing made
by the Union among the employees of this Company is clearly in-
sufficient to sustain a finding that the Union represents a majority of
these employees. We shall, therefore, dismiss the petition for investi-
gation and certification of employees of Lindsay Orange Growers
Association. '
At the time of the hearing in this proceeding, Webb Packing Com-
pany was, no longer operating, and the Union moved that the Board
certify 'the Union as exclusive bargaining representative of its em-
ployees on the basis of the representation showing made by the Union.
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Webb's peak pay roll of December -17,. 1943, lists 57 employees.' The
Union contends -that 47 of these employees designated the Union as
their bargaining representative. In support of its claim, the Union
produced at the hearing 47'cards, which were divided for convenience
into 3 groups, identified, and admitted into evidence -"as )Union Ex-
hibits 1-A, 1-B, and 1-C, respectively. Union Exhibit 1-A includes
21 cards dated Noyember 27, 1943,.bearing apparently genuine signa-
tures, purporting , to be witnessed by , R. ,Hargrove, organizer. • Of
these 21 cards, 19 bear,the names of employees listed on the peak pay
roll of this Company. Union Exhibit, 1-B includes 16 cards, also
purporting to be signed in the presence of:Hargrove. Of these cards,
1 was dated on November. 28, and the others on November, ,27, 1943,
and 13 bear apparently genuine signatures of employees listed on,the
peak, pay roll of thisiCompany.,-:, Hargrove, a transient worker, was
not available at the,time.of the.hearing and did not appear to testify
with respect to the signatures on these cards. John E,., Frost, vice
president of the Union„ testified that, at his'resquest; Hargrpye secured
signatures of the Company's emp'loyees'on these .unlon,cards and later
returned the cards to, him, signed. Frost testified that -all,21,persons
whose names appeared on' the cards marked Union Exhibit 1-A• were,
to his knowledge, union members. Frost did not know whether, the
employees whose names appeared! on the cards in Union. Exhibit 1-B
were members,of the, Union. Union Exhibit 1-Cj includes:,10 cards,
dated November.27, 1943, which appear to bear ,genuine signatures.
R. L. Thompson, organizer, testified that these cards were signed by
employees of.the Company'in his presence:--, The names of-the-signers
are listed on, the peak pay roll' of December 17, 1943. Frost testified
that 9, of; the employees who signed- these, cards were members of the
Union -and that J was an' applicant for, membership. The Union's
membership!records, which were said to,be kept at its headquarters at
Salinas, California, were-not introduced at; the hearing. .We,are of
the opinion that the,evidence offered by the Union in, support of its
contention that. it:represents 'a majority of, the,. employees of Webb
Packing Company is. insufficient for the,purposes of certification- upon
the record:. For, this reason, -we,shall dismiss the .petition. filed herein
covering employees of Webb Packing Company. Since'-the navel
orange season is now concluded, we deny the Union's motion foi'- further
- -- --1 ,, ,^ , ;
"Union Exhibit No 2" was by. agreement of the parties at the hearing reserved for the
pay roll of Webb Packing Company, which tale employer agreed to prepare and forward to
the Regional ;Director , after , the close of theQhearmg , On' January 13, 1944, Webb Packing
Company filed two schedules , covering , respectively , employees on its , peak pay roll' and
employees on its seasonal pay roll, and a cbve'rmg letter setting forth its objection to the
admissibility of the pay-loll material in evidence . Copies were served upon the parties.
We shall direct that the schedules and the covering letter be marked as "Union Exhibit
No 2" and we hereby order that the same be , and are, made part of the official record
herein. The objections to the admissibility of the pay-roll material aie hereby overruled
WEBB PACKING COMPANY 301
hearing ' to introduce additional evidence witli respect to its repre-
sentation among employees of Webb , Packing Company. and of Lind-
say Orange Growers Association , respectively:'
CERTIFICATION 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 Relations
Act, and pursuant to Article III, Section 9, of National .Labor Rela-
tions Board Rules and Regulations-Series 3,
-IT IS HEREBY, CERTIFIED that :United Cannery , Agricultural , Packing
Allied Workers of America, Local 78 , CIO, has been designated and
selected byea . majority of all employees of-Frank. Belmont, an indi-
vidual, d/b/a Granada Packing Co., Lindsay ,, California ,' excluding
clerical employees ,, officials, and all, supervisory employees with au-
thority to hire, promote , discharge , discipline ,' or otherwise effect
changes in the status of employees , or effectively recommendrsuch ac-
tion, as their representative fortlre purposes of collective bargaining
and that, pursuant to Section 9 (a) of the Act, United-Cannery, Agri-
cultural , 'Packing & Allied Workers Eof America, Local 78, CIO; 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;-
IT IS HEREBY CERTIFIED that United Cannery, Agricultural , Packing
& Allied Workers of America, Local 78, CIO , has been designated and
selected by a majority of all employees of Sunflower Packing Corp.,
Porterville , California, excluding clerical - employees , officials, and all
supervisory employees with authority to hire, promote , discharge, dis-
cipline ; or, otherwise effect changes in the status of employees , or'effec-
tively recommend such action , as their representative for the purposes
of collective bargaining and that, pursuant to Section ' 9 ('a) of the
Act, United, Cannery, Agricultural , Packing & Allied Workers of
America, Local 78, CIO,.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 ;
IT IS HEREBY : CERTIFIED that United Cannery; Agricultural , -Packing
& Allied Workers - of. America , Local 78; CIO , has been designated
and selected by -a majority,of' all :employees ! of Richgrove-Jasmine
Citrus ' Ass'n, Richgrove , California ; excluding clerical employees, offi-
cials , and. all supervisory employees with authority t to' 'hire, promote,
discharge , discipline , or otherwise effect changes in, the 'status of em-
ployees , or effectively recommend such action , as their representative'
for the purposes of collective bargaining and that, pursuant to Section
9 (a) of the Act ; United Cannery, Agricultural, Packing Allied
302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Workers of America, Local 78, CIO, 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; and
IT IS HEREBY CERTIFIED that United Cannery, Agricultural, Packing
& Allied Workers of America, Local 78, CIO, has been designated and
selected by a majority of all employees of Porterville Citrus Assn,
Porterville, California, excluding clerical employees, officials, and all
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend'such action, as their representative for the purposes
of collective bargaining and that, pursuant to Section 9 (a) of the
Act, United Cannery, Agricultural, Packing & Allied Workers of
America, Local 78, CIO, 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 em-
ployment.
ORDER
Upon the basis of the above findings of fact, and the entire record
in this proceeding, the National Labor Relations Board hereby orders
that the separate petitions for investigation and certificationof'repre-
sentatives of employees of Webb Packing Company, Laura Cairns;
Ethel C. Rowe,,and Edith Russell, 'partners, d/b/a Lindsay Orange
Growers Association; American Fruit Growers; Hillside Packing Co.;
Lindsay District Orange Co.; Lindsay Citrus Growers Association;
R. E. Stark, an individual, d/b/a Stark & Waddell Packing Corp.;
Strathmore Packing House Co.; E. E. Krowells and C. J. Krowells,
a limited partnership, d/b/a Krowells Brothers Limited Packing Co.;
B. G. Rooke and E. W. Keys, a partnership, d/b/a B. G. Rooke Pack-
ing Co.; Lindsay, Cooperative Citrus Assn; Betz *Packing Co.; Ray-
mond Anderson; an individual; Lindsay Mutual Groves; R. B. Single-
tary and H. J. Ferry, partners, d/b/a Orange Packing Co.; American
Fruit Growers, Inc. ; Sunlaiid Packing House Company ; Magnolia
Citrus Ass'n; "Randolph Marketing Co.; Ed Allen and Don Sandi-
lands, copartnership, d/b/a Allen-Sandilands Packing Cor.;Tule -River
Citrus Ass'n; W. Todd Dofflemyer, an individual, -d/b/a Dofemyer
Packing Co.; Strathmore Cooperative Association ; Strathmore Fruit
Growers Ass'n; and Strathmore District Orange Ass'n, respectively,
filed by United Cannery, Agricultural, Packing & Allied Workers of
America, Local 78, CIO, be severed from the remaining cases in this
proceeding and that these several petitions, as listed, be, and they
hereby are, dismissed.
MR, JOHN M. HOUSTON took no part in the consideration of the
above Decision? Certification of Representatives and Order.
WEBB PACKING COMPANY
APPENDIX A
303
Matter of:
American Fruit Growers, Case No. 20-R-984
Hillside Packing Co., Case No. 20-R-985
Lindsay District Orange Co., Case No. 20-R-986
Lindsay Citrus Growers Association, Case No. 20-R-987
R. E. Stark, an individual, d/b,/a Stark & Waddell Packing Corp.,
Case No. 20-R-988
E. E. Krowells and C. J. Krowells, a limited partnership, d/b/a
Krowells Brothers Limited Packing Co., Case No. 20-R-991
B. G. Rooke and E. W. Keys, a partnership, d/b/a B. G. Rooke
Packing Co., Case No. 20-R-992
Lindsay Co-operative Citrus Ass'n Case No. 20-8-993
Betz Packing Co., Case No. 20-R-994
Raymond Anderson, an individual, Case No. 20-R-995
Lindsay Mutual Groves, Case No. 20-R-996
R. B. Singletary and H. J. Ferry, partners, d/b/a, Orange Pack-
ing Co., Case No. 20-R-997
Sunland Packing House Company,'Case No. 20-8-1001
Magnolia Citrus Ass'n Case No. 20-R-1003
Randolph Marketing Co., Case No. 20-R-1004,
Ed Allen and Don Sandilands, copartnership, d/b/a Allen-Sandi-
lands Packing Co., Case No. 20-R-1005
Tule River Citrus Ass'n, Case No. 20-R-1006
-Strathmore Cooperative Association, Case No. 20-R-1012
Strathmore Fruit Growers Assn, Case No. 20-R-1013
Strathmore District Orange Ass'n, Case No. 20-R-1014