Hunt Foods, Inc.

In the Matter of HUNT FOODS , INC., EMPLOYER and WESTERN COUNCIL OF CANNERY & FOOD PROCESS WORKERS, AFL, LOCAL 952, PETITIONER Case No. 21-RO-803.Decided July 19, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Ben Grodsky, 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 labor organizations involved claim to represent certain em- ployees 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. We find that 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 Ful- lerton, California, plant, including shipping and warehouse employees and janitors,' but excluding office employees, truck drivers, guards, professional employees, and supervisors as defined in the Act, 5. The Employer is engaged in the business of purchasing, process- ing, canning, manufacturing, bottling, packing, and selling food prod- ucts in its Fullerton, California, plant. The major portion of its 'Food, Agriculture and Allied Workers Union , CIO, Local 25, herein called the Inter- venor , was permitted to Intervene upon the ground of alleged contractual Interest. 2 Excluded from this category are employees of American Janitorial Service, an Inde- pendent contractor who renders janitorial service to the Employer. 85 N. L. B. B., No. 51. 279 280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operations are seasonal in character, extending usually from March to November. The major portion of its employees are also seasonal, reaching a peak of about 1,300 in numbers,3 who work season after sea- son with the Employer. We agree with the Employer that the election should be held at or near the peak of employment.4 We shall, there- fore, direct that the election be held 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 immediately preceding the date of issuance of the Notice of Election. 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 for the Twenty-first Region subject to the instructions set forth in paragraph numbered 5, above, under the direction and super, vision of said Regional Director, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, 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 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 bar- gaining, by Western Council of Cannery & Food Process Workers, AFL, Local 952. B There are approximately 250 regular , year round employees. 4 Matter of Delta Canning Company, Inc., 84 N. L. R. B. No . 95; Matter of Stokely Foods, Inc., 83 N. L. R. B., No. 123; Matter of Central Foods Company , 83 N. L. R. B., No. 90; Matter of Edgar F. Hur$ Company, 77 N. L. R B. 762. 'As the Intervenor is not in compliance with Section 9 (f), (g), and (h) of the Act, we shall not permit its name to appear on the ballot.