Delta Canning Co., Inc.

C.._ In the Matter of DELTA CANNING COMPANY, INC.,' EMPLOYER and CITRUS, CANNERY WORKERS AND FOOD 2 PROCESSORS LOCAL UNION 24473, AFL, PETITIONER Case No. 39-RC-51.-Decided Jvne 29, 1.919 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 Reynolds 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 employees of the Employer.4 3-A question affecting commerce exists concerning the representa- tion of employees of the Employer Within ''the meaning `of Section _(c) (1) and Section 2 (6) and (7) of the Act. The name of the Employer appears as amended at the-hearing. z 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 Petitioner's -lame. I ' ' ' I '" a The Employer moved to dismiss the petition on the grounds that the Petitioner's show- ing of interest ivas-not- adequate, and that the Petitioner had no authority to file the petition herein For the reasons stated in Matter of Bordo Products Company, -83 N L. ',R. B. 461, the Employer's motion is denied. The-Employer also -moved to dismiss the -petition on the ground that the Petitioner has filed an unfair labor practice charge against the Employer. Our records disclose, however, that'the Petitioner'has filed a waiver of its right to object to this proceeding on the basis of the`unfalr labor practice as charged. •Aecordlhgly, "the Employer's motion,is defiled. - ` •" 4 Although the, Enmployer refused to stipulate'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. 84 N. L. R. B., No. 95. 839 840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The following employees constitute an appropriate unit 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 Ray- mondville, Texas, plant, excluding office and clerical employees, pro- fessional employees, guards, watchmen, and all supervisors as defined in the Act r, 5. The Employer is engagedin the business of canning and processing vegetables. The Employer's operating season usually begins about the first of November and extends through June. At the beginning of the season the Employer employs approximately 150 employees. The peak season occurs between November 25 and December 15, at which time there are about 175 employees. The number of employees then drops off to approximately 60 or 70 until about May or June, at which time the tomato season begins and the number of employees increases to about 200 or 225. During the closed season, between June and November, the Employer employs approximately 7 or 8 maintenance men and repairmen. In view of these circumstances, we shall direct that an election be held at or about the peak of the next canning season, on a date to be determined by the Regional Director, among the em-- ployees in the appropriate unit who are employed during the pay-roll period immediately preceding the date of the issuance of notice of election by the Regional Director s DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted on a date to be selected by the Regional Director, 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, among the employees in the unit found appro- priate in paragraph numbered 4, above, who were employed during the 5It appears from the record that the head mechanic , the head cooker, and the inspector have authority effectively to recommend the hiring or discharge of employees and, therefore, are supervisors within the meaning of the Act. 4In this connection we find no merit in the Employer's contention that the petition should be dismissed because of the excessive turnover of employees in the Employer's plant Matter of General Electric Company, Kentucky Gla88 Works, 76 N. L. R. B. 995. DELTA CANNING COMPANY, INC. 841 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 reinstated prior to the date of the election, and also excluding em- ployees 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.