F. E. Hadley & Sons

In the Matter of F. E. HADLEY, D/B/A F. E. HADLEY & SONS, EMPLOYER and CANNERY WAREHOUSEMEN , FOOD PROCESSORS, DRIVERS & HELPERS UNION, LOCAL 748, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA , A. F. L., PETITIONER Case No. 20-RC-466.-Decided May 17,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this matter was held before Robert V. Magor, 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 National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Reynolds, Murdock, 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 Petitioner is a labor organization claiming to represent employees 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 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 Merced, California, plant, excluding office clericals and supervisors as defined in the Act.2 1 No specific motion to dismiss the petition was made by the Employer . However, it contended that the question of the adequacy of the Petitioner 's showing of interest should have been fully inquired into at the hearing. The hearing officer properly rejected evidence offered by the Employer relating to the insufficiency of the Petitioner's representative interest . We have frequently held that the question of showing of interest is an adminis- trative matter not: subject to collateral attack. Matter of California Growers, Inc., 80 N. L.R.B 578. 2 The record discloses and the parties agreed that Raymond Martinez , one Watei son, and the floor lady are supervisors as defined in the Act. 83 N. L. R. B., No. 98. 662 F. E. HADLEY & SONS 663 5. The Employer's packing business is seasonal in nature, the peak season being between October and December. The record indicates that during the off season, the Employer employs about 15 employees at most, whereas during the peak season the number is increased to approximately 150. Under these circumstances, an election held at this-time would not be representative. Accordingly, we shall direct that an election be held at or near the next peak season at such time as the Regional Director for the Twentieth Region finds that a rep- resentative number of employees is employed .3 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with F. E. Hadley, d/b/a F. E. Hadley & Sons, Merced, California, an election by secret ballot shall be con- ducted under the direction and supervision of the Regional Director for the Twentieth Region, on a date to be selected by the said Regional Director in accordance with the conditions set forth in paragraph num- bered 5, above, 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 preceding the date of the issuance of notice of election by the Regional Director, 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 rein- stated 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 by Cannery Warehousemen, Food Processors, Drivers & Helpers Union, Local 748, International Broth- erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. L., for the purposes of collective bargaining. 8 Matter of Highland Fruit Growers, Inc., 82 N. L. R. B. 992.