Olive Products Co.

National Labor Relations Board - Board Decisions

Apr 26, 1946

67 N.L.R.B. 842 (N.L.R.B. 1946)

In the Matter of OLIVE PRODUCTS COMPANY and FOOD, TOBACCO, AGRI-
CULTURAL AND ALLIED WORKERS UNION OF AMERICA, C. I. O.
In the Matter Of WYANDOTTE OLIVE GROWERS ASSOCIATION, LTD. and
FOOD, TOBACCO, AGRICULTURAL AND ALLIED WORKERS UNION OF
AMERICA, C. I. O.
Cases Nos. 20-R-1589 and 120-R-1590 , respectively.-Decided April
26, 1946
Mr. S. J. Tupper, of Oroville, Calif., for the Company.
Gladstein, Anderson, Resner, Sawyer, and Edises, by Mr. Bertram
Edises, of Oakland, Calif., for the C. I. O.
Tobriner and Lazarus, by Mr. Mathew 0. Tobriner, of San Fran-
cisco, Calif., for the A. F. L.
Mr. Arnold Ordman, of counsel to the Board.
DECISION
STATEMENT OF THE CASE
Upon separate petitions duly filed by Food, Tobacco, Agricultural
and Allied Workers Union of America, C. I. 0., herein called the
C. I. 0., alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Olive Products Company,
Oroville, California, herein called the Company, and of Wyandotte
Olive Growers Association, Ltd., Oroville, California, herein called
the Association,, the National Labor Relations Board provided for an
appropriate consolidated hearing upon due notice before Merle E.
Vincent, Jr., Trial Examiner. The hearing was held at San Francisco,
California, on February 15 and 19, 1946. The Company, the C. I. 0.,
and the California State Council of Cannery Unions, AFL, herein
called the A. F. L., appeared and participated.' All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses,, and to introduce evidence bearing on the issues. The Trial
Examiner's ruling made at the hearing are free from prejudicial
' Wyandotte Olive Growers Association , Ltd., appears to be the correct name of the
Association.
2 Wyandotte Olive Grove Association was duly served with notice of hearing , but did
not appear Cannery, Dried Fruit and Nut Workers Union of Oroville Area, herein called
the Oroville Area Union, was duly served with notice of hearing, but did not appear.
Cannery, Dried Fruit and Nut Workers Union, Local 21634 , AFL, herein called Local
21634 , appears through the California State Council of Cannery Unions, with which it
is affiliated
67 N. L. R B., No. 108.
842
OLIVE PRODUCTS COMPANY 843
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY AND THE ASSOCIATION
Olive Products Company is .a California corporation, engaged in
the processing and packing of ripe olives, olive oil, and other olive
products at its plant in Oroville, California. It purchases its olives
locally. During the past year, its finished products amounted in
value to approximately $400,000, of which about 50 percent was
shipped to points outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
Wyandotte Olive Growers Association, Ltd., is a cooperative non-
stock, non-profit corporation of California, engaged in the processing
and canning of ripe olives at its plant in Oroville, California. It
obtains its olives from its members. During the past few years, its
finished products averaged from $50,000 to $250,000, in value, all of
which was delivered to the Navy during the war. Prior thereto,
approximately 75 percent of its finished products was shipped to
points outside the State of California.3
We find that the Association is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Food, Tobacco, Agricultural and Allied Workers Union of America
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company and
the Association.
California State Council of Cannery Unions, and Cannery, Dried
Fruit and Nut Workers Union, Local 21634, a constituent union of the
Council, are labor organizations affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company
and the Association 4
III. THE QUESTIONS CONCERNING REPRESENTATION
Neither the Company nor the Association will recognize the C. I. O.
as the collective bargaining representative of certain of their respec-
tive employees in the absence of certifications by the Board.
3These findings are prennsed upon a letter dated November 10, 1945, written by the
Association to the National Labor Relations Board, and admitted into evidence without
objection.
'Local 21634, a "Federal Union," in addition to its affiliation with the Council, also
he.^ame affiliated in October 1945, with the Teamsters Union
844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The history of bargaining as revealed in the record with respect
to both the Company and the Association is substantially identical.
Each entered into a contract with Local 21634, dated June 1, 1943,
to continue in operation for 1 year and renewable thereafter from
year to year in the absence of notice to modify given by any contract
party at least thirty (30) days prior to any anniversary date. Each
was informed about May 24, 1945, that Local 21634 no longer repre-
sented a majority of its employees and that the Oroville Area Union
did have such majority status. Thereupon, the Company and the
Association each signed a Memorandum of Agreement with the Oro-
ville Area Union dated May 24, 1945, providing for recognition of
that organization, but otherwise stating merely that the terms of the
1943 contract were to be applicable. There is no substantial evidence
that the Oroville Area Union ever functioned after the execution of
the agreements of May 24, 1945, and a question is also raised as to the
continuing existence of Local 21634, as such.
The A. F. L. contends that the 1943 contracts with Local 21634
were renewed and are a bar to these proceedings. Even assuming that
these agreements were automatically renewed with Local 21634 in
1945, they do not constitute a bar to a present determination of repre-
sentatives inasmuch as their 1946 anniversary dates are less than 2
months distant .5
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the units hereinafter found appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company and of the Associa-
tion within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
IV. THE APPROPRIATE UNITS
A. The Company's employees
The parties are apparently agreed that the appropriate bargaining
unit should embrace all production and maintenance employees of the
Company including seasonal and year-round employees, but excluding
See Matter of Clark Bros. Co., Inc., 66 N. L. R. B. 849; Matter of Flintkote Company, 5.5
N. L. R. B. 1442.
9 The Field Examiner made the following report on investigation of interest :
(1) As to the Company (Case No. 20-R-1589).
The C. I. O. submitted 36 application cards, all bearing the names of employees listed
on the Company's pay roll for the period ending December 21, 1945. The A. F. L. sub-
mitted 27 authorization cards bearing the names of 26 employees listed on the same pay
roll. There are approximately 68 employees in the appropriate unit.
(2) As to the Association (Case No. 20-R-1590).
The C. I. O. submitted 30 application cards bearing the names of 25 employees listed
on the Company's pay roll for the period ending January 26, 1945 The A. F. L. sub-
mitted 42 authorization cards bearing the names of 33 employees listed on the same pay
roll There are approximately 82 employees in the appropriate unit.
OLIVE PRODUCTS COMPANY 845
office, clerical, and supervisory personnel . The C. I. 0. and the
A. F. L. also agree to include the watchman, who had been excluded
from the unit defined in the 1943 contract between the Company
and Local 21634, and the Company does not object to his inclusion.
It appears from the record that the watchman is neither deputized
not uniformed . He is a former production worker, who, because of
his health, was made a watchman. In addition to his duties as watch-
man, he also performs janitorial functions. We shall include him in
the unit hereinafter found appropriate as a maintenance employee.
Accordingly, we find that all production and maintenance em-
ployees of the Company, including seasonal and year-round employees,'
but excluding office and clerical employees, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
B. The Associations' employees
In accordance with the unopposed request of the C. I. 0. and the
A. F. L., and based upon the entire record, we find that all production
and maintenance employees of the Association, including seasonal and
year-round employees, but excluding office and clerical employees, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the lurposes of collective bargaining within the meaning of Section
11) J of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We are of the opinion that the questions concerning representation
which have arisen can best be resolved by separate elections by secret
ballot among the employees in the units found appropriate in Section
I V, above.
As has been indicated , the Company and the Association are engaged
in the processing and packing of olives and olive products . This is
a seasonal operation beginning about the first of November and ending
in February or March. During the remainder of the year the plants
are closed or operated only by a small maintenance crew. The pay
a Included also are certain year-round employees, designated as head men and fore-
ladles, who, during the busy part of the processing season, exercise supervisory authority,
but, during the bulk of the year, function as ordinary non-supervisory workers. The
parties agree , and we find , that they are to be included in the unit while in a nonsnper-
visory capacity, and excluded only while occupying a supervisory status . See Matter
of Sterling Sugars, Inc., 65 N. L. R. B. 1118.
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll varies from as few as 8 employees during the off- season to as many
as 100 to 200 during the height of the processing season 'in December
and January. Aside from a few year-round employees, the bulk of
the employees are transients who may or may not be recruited from
the surrounding area, and who may or may not return from year to
year. Consequently, there is no feasible method of ascertaining the
identity of such employees until they are actually employed and appear
on the pay rolls of the Company and the Association. The parties
are in apparent agreement that, if elections are held, they should be
conducted during the processing season.
In the light of the foregoing facts, we conclude that the elections
should be held during the next processing season, preferably at its peak
in December or January. Under all the circumstances of this case,
however, we shall not now select a pay-roll period determining eligi-
bility to vote which is to fall within a season not commencing until as
late as December 1946, nor shall we now direct elections for a desig-
nated time so far in the future.
Therefore, the determination of an eligibility period and the issu-
ance of a Direction of Elections to ascertain representatives for the
purposes of collective bargaining with Olive Products Company, and
with Wyandotte Olive Growers Association, Ltd., both of Oroville,
California, will be withheld until such time in the coming processing
season as the Regional Director for the Twentieth Region shall advise
us that elections may be held among the employees in the units found
appropriate in Section IV, above.