Taormina Co.

In the Matter of TAORMINA COMPANY, EMPLOYER , AND CITRUS, CAN- NERY WORKERS AND FOOD PROCESSORS LOCAL UNION 24473, AFL,2 PETITIONER Case No. 39-RC-63.-Decided May 13,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Charles Y. Latimer, 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 3 ' 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-member panel [Chairman Herzog and Members Houston and Gray]. 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 labor organization named below claims to represent em- ployees of the Employer .4 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. In accordance with an agreement of the parties, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Donna, Texas, plant, excluding office and clerical employees, professional em- ployees, guards, watchmen, and all supervisors as defined in the Act. 1 The name of the Employer appears as amended at the hearing At the request of the Employer , and without objection by the Petitioner , the letters "AFL," designating the American Federation of Labor, have been added to the Peti- tioner's name. 8 The Employer moved to dismiss the petition on the ground that the Petitioner 's showing of interest was not adequate . The motion is hereby denied . As we have repeatedly stated , authorization cards and other matters of prima facie showing of interest serve only as administrative expedients and are not subject to attack . Matter of .Stokely Foods, Inc., 78 N. L. R. B. 842 ( and cases cited therein). * Although the Employer refused to stipulate that the Petitioner is a labor organization, the record shows that the Petitioner is a Federal labor union chartered by and directly affiliated with the American Federation of Labor , and clearly is a labor organization within the meaning of Section 2 (5) of the Act. 83 N. L. R. B., No. 91. 610 TAROMINA COMPANY 611 5. The Employer is engaged in the business of canning and process- ing vegetables, and operates its plant from October until July. At the beginning of the season the Employer employs about 45 or 50 workers. The peak seasons occur in June and in November or early December at which time there are approximately 175' employees at work.. During the closed season, from July to about the first of Oc- tober, the Employer employs approximately 15 or 20 maintenance employees in the warehouse and plant. We believe that to hold an election at or about the peak of the June or November canning season will result in making the franchise available to the greatest number of employees having an interest in the selection of a bargaining rep- resentative. We shall therefore direct that the election be held at or about the peak of the June or November canning season, on a date to be determined by the Regional Director, among the employees in the appropriate unit who are employed during the pay-roll period imme- diately preceding the date of the issuance of notice of election by the Regional Director.6 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 on a date to be selected by the Regional Di- rector, subject to the instructions set forth in paragraph numbered 5, above, under the direction and supervision of the 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, in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of the issuance of notice of election by the Regional Director, including employees who did not work dur- ing said pay-roll period because they were ill or on vacation or tempo- rarily 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 excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining by Citrus, Cannery Workers and Food Processors Union, Local 24473, AFL. 5 The Employer employs approximately three students , classified as regular part-time employees, who work from 4 to as many as 8 hours a day. The number of such employees fluctuates during the season. They apparently have the same working conditions and employment interests as the regular full -time employees and we shall therefore permit them to vote.