Roma Wine Co.

National Labor Relations Board - Board Decisions

Jul 27, 1938

8 N.L.R.B. 663 (N.L.R.B. 1938)

In.the Matter of RODMA WINE COMPANY and INTERNATIONAL LONG-
SHOREMEN 'S & WAREHOUSEMEN'S UNION
Case-No. R-639
CERTIFICATION OF REPRESENTATIVES
July '7,1938
On May 11, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' The Direction of Election provided that
an election by secret ballot be conducted within twenty (20) days
from the date of the Direction among such of the manual workers
employed by Roma Wine Company, Inc., Lodi, California, herein.
called the Company, at its Lodi, California, winery, as were listed
in appendix A annexed to said Decision, excluding office workers,
teamsters, foremen, and those who had quit or been discharged for
cause since March 24, 1938, to determine whether they desired to be
represented by International Longshoremen's & Warehousemen's
Union, Local 1-27, Stockton, California, herein called the I. L. W. U.,
or Winery & Distillery Workers Union, Local 20574, herein called the'
Winery Workers, for the purposes of collective bargaining, or by
neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on May 28, 1938, at Lodi, California; under the direction and
supervision of the Regional Director for the Twentieth Region (Sall
Francisco, California). Full opportunity was accorded to all par-
ties to this investigation to participate in, the conduct of the ballot
and make challenges. On June 4, 1938, the Regional Director issued
and served upon the parties her Intermediate Report upon the secret
ballot.
As to the balloting and its results, the Regional Director reported
the following :
Total number eligible to vote------------------------------ 72
Number of votes for International Longshoremen's & Ware-
housemen's Union, Local 1-27, C. I. 0---------------------- 33
Number of votes for Winery & Distillery Workers Union, Local
20574, A. F. L-------------------------------------------- 30
Number of votes for neither of above organizations------__--- 0
Number of votes counted------------------------------------ 63
Number of blank and void ballots--------------------------- 0
Number of challenged ballots-------------------------------- 4
'7 N. L. B. B. 135.
8 N. L. R. B., No. 68.
663
664 NATIONAL LABOR RELATIONS BOARD
The four challenged ballots were cast by voters whom the I. L. W. U.
challenged as being foremen and hence not eligible to vote under the
terms of the Direction of Election. The Regional Director caused
these ballots to be sealed up and forwarded them to the Board for
determination.
As to the voters whose ballots were challenged, the Company has
informed the Regional Director by letter dated June 13, 1938, which
the Regional Director has forwarded to the Board, that T. M.
Bianchi, D. D. Turner, and W. Contenti are "straw bosses" or work-
ing foremen, and that Pete Bekedam acts as a "straw boss" when an
extra shift is added in the bottling department. We find that the
four above-named persons were ineligible to vote under the terms
of our Direction, and their ballots will not be counted.
The Winery Workers by letter dated June 9, 1938, has asserted
that certain persons who cast unchallenged ballots in said election
had left the Company's employ prior to the hearing herein and
were ineligible to vote. These persons, however, were named on the
eligible list which was agreed to by both unions involved at the hear-
ing on March 24, 1938, and evidently had some expectation of being
recalled to work. Our Direction of Election excepted only those
who had quit work after March 24, 1938. The objections of. the
Winery Workers are without merit.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended, •
IT IS HEREBY CERTIFIED that International Longshoremen's & Ware-
housemen's Union, Local 1-27, Stockton, California, has been selected
by a majority of the manual workers employed by Roma Wine.
Company, Inc., Lodi,' California, at its Lodi, California, winery,
excluding office workers, teamsters, and foremen, as their representa-
tive for the purposes of collective bargaining', and that, pursuant to
Section. 9 (a) of the Act, International Longshoremen's & Ware-
housemen's Union, Local 1-27, Stockton, California, 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.