Tocchini and Dianda

National Labor Relations Board - Board Decisions

Dec 19, 1952

101 N.L.R.B. 1122 (N.L.R.B. 1952)

j 122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FRED A. TOCCHINI, HARRY J. TOCCHINI, AND REMO A. TOCCHINI, d/b/a
TocCHINI AND DIANDA and PRODUCE EMPIAYEES , WAREHOUSEMEN &
HELPERS UNION, LOCAL No. 69, AFL, PETITIONER. Case No. 2O-RC-
20I0. December 19,1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Albert Schneider,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Herzog and Members Houston and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is a copartnership engaged in the wholesale prod-
uce business. The main office and plant are located in San Francisco,
California. The Employer's packing shed, which is the only installa-
tion involved in this proceeding, is located at Visalia, California.
During the calendar year ending December 31, 1951, the Employer
purchased from sources within the State of California produce valued
at more than $50,000. During the same period, the Employer' s sales
were in excess of $50,000, of which more than $25,000 represented
direct shipments to customers located outside the State. We have
heretofore determined, without regard to the amount or character
of the inflow, that it will effectuate the policies of the Act for the
Board to assert jurisdiction over employers who annually ship goods
valued at $25,000 or more out of a State. We find that the Employer
is engaged in commerce within the meaning of the Act.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner requests a unit of all production and maintenance
employees employed at the Employer's Visalia packing shed, exclud-
ing office and clerical employees, guards, professional employees, and
supervisors as defined in the Act. The Employer agrees that this
unit is appropriate, except that it would exclude maintenance em-
ployees. As the record establishes that the Employer does not em-
ploy maintenance employees, we-find the following unit to be appro-
1 Stani.laus Implement and Hardware Company, Ltd., 91 NLRB 61&
101 NLRB No. 211.
DRUG PACKAGE CO., INC. 1123
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
All production employees employed at Employer's Visalia, Cali-
fornia, packing shed, excluding office and clerical employees, guards,
professional employees, and supervisors as defined in the Act.
5. The Employer's Visalia packing shed is placed in operation
twice each year, during California's 2 corn packing seasons. Nor-
mally these seasons run from about July 1 to July 30 and from
October 15 to November 15. During the packing seasons the Em-
ployer employs approximately 30 to 40 employees at the Visalia shed,
but terminates their employment and closes the shed at the end of
each season. The Employer contends that as only about 40 percent of
its workers returns from season to season, the majority of the em-
ployees employed in any one season do not have sufficient employment
interest to justify a Board election. We find no merit in this conten-
tion. The Employer looks to the same reservoir of workers each
season to obtain its employees. To deny an election would, in effect,
deny representation and collective bargaining to these employees
simply because they are seasonal workers .2
The Visalia shed, now closed, will reopen during the first 1953 corn
packing season, about July 1, 1953. We shall therefore direct that
an election be held during that season on a day to be determined by
the Regional Director, subject to the conditions which appear in our
Direction of Election.
[Text of Direction of Election omitted from publication in this
volume.]
Cain Canning Company , 81 NLRB 213.
DRUG PACKAGE CO., INC. and FRANKLIN ASSOCIATION No. 43, INC." AND
ST. LOUIS PRINTING PRESSMEN'S UNION No. 6,2 BOTH AFFILIATED
WITH INTERNATIONAL PRINTING PRESSMEN & ASSISTANTS UNION
OF NORTH AMERICA, A. F. L., PETITIONER
DRUG PACKAGE CO., INC. and INTERNATIONAL BROTHERHOOD OF BooK-
BINDERS , AFL,3 PETITIONER. Case8 Nos. 14-RC-1935 and
14-RC-1936. December 19,1952
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
2 Herein called the Franklin Association.
2 Herein called the Pressmen.
3 Herein called the Bookbinders.
101 NLRB No. 178.
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