John H. Maclin Peanut Co., Inc.

In the Matter of JOHN H. MACLIN PEANUT COMPANY, INCORPORATED, EMPLOYER and UNITED STONE AND ALLIED PRODUCTS WORKERS OF AMERICA, CIO, PETITIONER Case No. 10-RC-137 SECOND SUPPLEMENTAL DECISION AND - CERTIFICATION OF REPRESENTATIVES April 26,194.9 Pursuant to a Supplemental Decision and Second Direction of Elec- tion in the above-entitled matter, issued by the Board on November 22, 1948,1 an election by secret ballot was conducted on December 16, 1948, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). At the conclusion of the elec- tion the parties were furnished with a Tally of Ballots which shows that approximately 13 eligible voters cast ballots, of which 11 were for and 2 were against the Petitioner. There were no challenged ballots. On December 21, 1948, the Employer filed objections to conduct affecting the results of the election, alleging that the election was held on a date which did not insure a representative vote. Thereafter, on March 8, 1949, the Regional Director issued and duly served upon the parties his Report on Objections, recommending that the objec- tions of the Employer be overruled and that the Petitioner be certi- fied as the exclusive representative of all employees in the unit as de- fined in the Supplemental Decision, supra. On March 11,_ 1949, the Employer filed exceptions to the Report on Objections. The Employer contends-that the election was scheduled at a time when its plant was not in full operation, contrary to the Board's direction in its Supplemental Decision,2 and that at the time the elec- tion was held, its plant was operating on a curtailed and limited basis, as evidenced by the fact that there were only 13 eligible voters at the 1 80 N. L. R. B. 611. 2 The Board's Second Direction of Election stated • "An election by secret ballot shall be conducted as early as possible, and when, in the discretion of the Regional Director for the Tenth Region, the Employer's plant is in full operation." 83 N. L. R. B., No. 25. 194 JOHN H. MACLIN PEANUT COMPANY, INCORPORATED 195 election, constituting less than one-third of the normal complement of employees. In his report the Regional Director noted that an investigation made during the early part of the 1948-1949 season disclosed that be- cause of a drop in the price of peanuts on the commercial market, the Employer had found it more economical to sell its product in the 1948-1949 season to the Commodity Credit Corporation for European relief, rather than to its usual commercial trade. Peanuts sold to the Government were sold on an "as is" basis requiring fewer seasonal employees than would normally be carried on the Employer's pay roll. The Regional Director found that at the time the election was sched- uled it could not be determined in advance when the commercial price of peanuts would rise and the Employer resume operations with a full complement of seasonal workers. It thus appears that at the time the election was held the Employer's plant was "in full operation" so far as was required in order to sell the Employer's product to the Commodity Credit Corporation. Although its complement of workers would be increased substantially if the Employer should return to selling in the commercial market, this was wholly dependent on unpredictable changes in the price of peanuts. The situation presented is analogous to one in which an employer has uncertain plans for expansion, where we have generally refused to suspend the holding of an election until such plans have been effectuated.3 Under all the circumstances, we find that the objections of the Employer do not raise substantial or material issues with respect to the conduct affecting the results of the election. The objections and ex- ceptions of the Employer are accordingly overruled. As the Tally shows that a majority of all ballots cast were for the Petitioner, we shall certify it as the collective bargaining representative of employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that United Stone and Allied Products Workers of America, CIO, has been designated and selected by a majority of the employees of John H. Maclin Peanut Company, In- corporated, Albany, Georgia, who were employed during the pay-roll period ending December 11, 1948, excluding salesmen, guards, office employees, office clerical employees, professional personnel, and super- visors, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, as amended, the said i Matter of Western Electric Company, Incorporated, 76 N. L. R. B. 400. 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment,. and„ other- conditions" of employment. CHAIRMAN H zoG and MEbrBER REYNOLns took no part in "the con- sideration of the.above Second Supplemental Decision and Certifica- % tion of Representatives: