California Consumers Corp.

In the Matter of CALIFORNIA CONSUMERS CORPORATION, EMPLOYER and MARVIN L. SUMMERS, PETITIONER and FRUIT AND PRODUCE DRIVERS, WAREHOUSEMEN AND EMPLOYEES UNION, LOCAL No. 630, AFL (I. B. T.),11 UNION Case No. 21-RD-69.-Decided March, °09, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition for decertification duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed 2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner, an employee of the Employer, asserts that the Union is no longer the representative of the Employer's employees as defined in Section 9 (a) of the Act. The Union, a labor organization affiliated with the American Fed- eration of Labor, was certified by the Board in September 1945 8 as the bargaining representative of employees of the Employer. 3. Following its certification in September 1945, the Union entered into collective bargaining contracts with the Employer. In December 1947, the Union won an election 4 authorizing it to execute a union- shop contract with the Employer. The contract entered into for the 1 The Union's name appears in the caption as amended at the hearing. 2 The Union sought to attack the authenticity of the showing of interest made by the Petitioner, and to introduce into evidence a petition alleging that the signers had been induced by misrepresentations of the Petitioner to lend their support to the petition for decertification . As it is well established that evidence relating to showing of interest is an administrative matter not litigable by the parties , we affirm the hearing officer's ruling refusing to admit such evidence. Matter of Burry Biscuit Corporation, 76 N. L. R. B 640. *Chairman Herzog and Members Houston and Murdock 8 21-R-2971. * 21-UA-23. 82 N. L. R. B., No. 56. 484 CALIFORNIA CONSUMERS CORPORATION 485 year 1948 was on a calendar year-to-year basis, subject to 60-day writ- ten notice by either party of a desire to modify or terminate the con- tract. On or about October 11, 1948, the Union notified the Employer by letter of its desire to modify the 1948 contract. By a letter dated October 20, 1948, the Employer notified the Union of its intention to terminate the contract. No contract has since been executed. The Union appeared and participated in the hearing. It filed a "Post Hearing Brief," in which it urged that the Board dismiss the instant petition or, in the alternative, reopen the hearing to take fur- ther evidence.5 Therefore, although the Union has no current con- tract with the Employer, it is apparently seeking to maintain its position as the certified collective bargaining representative of the Employer's employees. Accordingly, we find that a question affect- ing commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appro- priate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Pasa- dena, California, plant, including leadwomen, forewomen, assistant supervisors, keymen, and subforemen; but excluding engineers, ice pullers, office and clerical employees, supervisors, foremen, and all other supervisors as defined in the Act.' DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately b The Union argued in this brief that the Petitioner, a subforeman, is a supervisor. The parties had stipulated, however, that subforemen should be included in the unit. The contentions in the Union's brief as to the seasonal nature of the Employer's opera- tions are not supported by the record. Should the seasonal nature of the Employer's business render undesirable the holding of the election herein directed, we hereby waive the requirement in the Direction of Election that the election be held within 30 days from the date of the Direction and authorize the Regional Director to hold the election at such time as he deems appropriate. Therefore, we hereby deny the Union' s motion to dismiss the petition or to reopen the bearing. 6 The composition of the unit is the same as that found appropriate in the representation case. 21-R-2971. 838914-50-vol. 82-32 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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, and also exclud- ing employees on strike who are not entitled to reinstatement, to de- termine whether or not they desire to be represented, for purposes of collective bargaining, by Fruit and Produce Drivers, Warehouse- men and Employees Union, Local No. 630, AFL (I. B. T.).