Burkhart Fruit & Vegetable Co.

In the Matter Of JOHN N., BURKHART, RAYMOND MILLER AND JOE W. PATTERSON , CO-PARTNERS D/B/A BURKHART FRUIT & VEGETABLE COM- PANY and TEXAS FRUIT & VEGETABLE WORKERS UNION, LOCAL 35, UCAPAWA-CIO Case No. 16-8-855 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION November 13, 1944 On April 12, 1944, the National Labor Relations Board issued a Decision- and Direction of Election in the above-entitled proceeding.' Thereafter, on May..1, 1944, the Board, having been advised by the Regional Director and the Union that the Company had ceased-deer= ations until the opening of the fruit season in 'October, issued an amendment to Direction of Election in which it directed that the election be postponed until "such time as the Board shall in the future direct." The Regional Director has advised the Board that the Company has resumed `operations and that an election may now appropriately be conducted. We shall, accordingly, issue a Second Direction of Election. Those employees eligible to vote in the election shall be em- ployees in the unit heretofore found to be appropriate who were em- ployed during the pay-roll period immediately preceding this Sup- plemental Decision and Second Direction of Election, subject to the limitations and additions set forth herein. SECOND 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with John N. Burkhart, Raymond Miller and Joe W. Patterson, co-partners d/b/a Burkhart ^' Fi6 N rL. R. B. 1246. 59 N L. R. B., No. 45. 224 , BURKHART FRUIT & VEGETABLE COMPANY 225 Fruit & Vegetable Company, Alamo, Texas, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, among the employees in the unit found appropriate in Section IV of the Decision and Direction -of Election, who were employed dur- ing the pay-roll period immediately preceding the date of this Second Direction, including the employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Texas Fruit & Vegetable Workers Union, Local 35, UCAPAWA, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Supplemental Decision and Second Direction of Election.