South Georgia Pecan Shelling Co.

In the Matter of SIDNEY F. PEARLMAN AND WILLIAM J. PEARLMAN D/B/A SOUTH GEORGIA PECAN SHELLING COMPANY; A. PEARLMAN & CO., INC. ; AND SOUTHEASTERN REDUCTION COMPANY, EMPLOYERS and UNITED PACKINGHOUSE WORKERS OF AMERICA, CIO, PETITIONER Case Na. 10-RC-538.-Decided August 8,1949 DECISION AND DIRECTION OF ELECTION Upon an amended petition duly filed, a hearing was held before Gil- bert Cohen, 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 [Chairman Herzog and Members Houston and Murdock]. Upon the entire record in this case, the Board finds : 1. The employers are jointly and severally engaged in commerce within the meaning of the National Labor Relations Act.2 ' We find no merit in the contentions by the Employers relating to the adequacy of the Petitioner's showing of interest and its compliance with the filing requirements of the Act. As we have frequently held, the showing of interest and the proof of compliance are matters for administrative determination and are not litigable by the parties . See Matter of Atlanta Coca-Cola Bottling Company, 83 N. L. R. B., No. 23, and cases cited therein. More- over, we are administratively satisfied that the Petitioner has a substantial interest and that it has fully complied with the filing requirements of the Act. 2 As we find in paragraph numbered 4, infra, the Employers , for purposes of this pro- ceeding, together constitute a single employer within the contemplation of Section 2 (2) of the Act. The Employers contend, in connection with their business operations , that the Board lacks jurisdiction in the instant case, because they are "first processors " of pecans and therefore , in substance , their workers are "agricultural laborers," rather than "employees," under the Act. We do not agree. The pecans processed by the Employers are not grown on farms owned or leased by them, but are purchased from outside sources, including farmers, growers , accumulators , and cooperatives. In preparing these pecans for resale in such forms as packaged unshelled pecans, pecan meats, and processed shells, the Employers ' workers, in our opinion , are engaged essentially in commercial , rather than farming, operations . Accordingly , we find that the individuals concerned are not "agri- cultural laborers" and are entitled to the benefits of the Act . Cf. Matter of Atlantic Commission Company, Inc., 84 N. L. R. B., No. 102. 85 N. L. R. B., No. 107. 591 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The labor organization involved claims to represent certain em- ployees of the Employers.' 3. A question affecting commerce exists concerning the representa- tion of employees of the Employers within the meaning of Section 9 (c) (1) and Section (2) (6) and (7) of the Act.- 4. The appropriate unit: The Petitioner seeks a single unit comprising all production and maintenance employees of the Employers, excluding office clerical workers, buyers, guards, professional employees, and supervisors. While in substantial agreement- as to the composition of the unit, the Employers contend, in effect, that only separate units of the employees. of each Employer are appropriate. There has been no history of collective bargaining with respect to the employees concerned. The unit sought by the Petitioner embraces the production and maintenance workers of Sidney F. Pearlman and William J. Pearlman d/b/a South Georgia Pecan Shelling Company, a partnership, A. Pearlman R Co., Inc., a Georgia corporation, and Southeastern Reduction Company, a Georgia corporation, herein separately called Shelling Company, Pearlman & Co., and Reduction Company, respectively, and collectively called the Employers. The operations of Pearlman & Co., involve the cleaning, grading, polishing, and packaging of unshelled pecans and, also, the selling of ungraded and uncleanecl pecans in the shell. Shelling Company is engaged principally in shelling pecans and in the sale of pecan meats. The activities of Reduction Company are limited to the processing of pecan shells. Pearlman & Co., Shelling Company, and Reduction Company employ approximately 20, 41, and 2 production and main- tenance employees, respectively. The two partners of Shelling Company are also stockholders of Pearlman & Co., and Reduction Company, both of which corpora- tions are closely held. In addition, both partners act as officers and directors of Reduction Company, and one partner serves as director of Pearlman R• Co. The Employers conduct their operations in a single plant, consisting of two connected buildings located in Valdosta, Georgia. One building is occupied by Pearlman & Co., and the other building houses Shelling Company, Reduction Company, and the sin- gle clerical office which services all three companies. It appears that the Employers maintain separate records, prepare separate pay rolls, ,pay their ,employees by separate checks, and submit separate tax re- turns. However, it further appears that there are frequent intercom- ' The Petitioner has waived any right to object to any election which may be held in the instant proceeding on the basis of any acts alleged as unfair labor practices in pending charges filed by it against the Employers. SOUTH GEORGIA PECAN SHELLING COMPANY 593 pany transfers of materials' and considerable interchange of per- sonnel. Moreover, the authority to hire and discharge employees of all the Employers is vested in the same plant foremen,,and employees 'of all the Employers receive comparable wages and are subject to similar hours of employment and other conditions of employment. Under the circumstances, including the substantial identity of con- trol, the integrated operations, and the unified determination of labor policies, we are of the opinion that Shelling Company, Pearlman & Co., and Reduction Company, together constitute a single employer within the meaning of Section 2 (2) of the Act, and that their em- ployees comprise a single appropriate unit for purposes of collective bargaining.' Accordingly, we find that all production and maintenance employees of Shelling Company, Pearlman & Co., and Reduction Company, at their Valdosta, Georgia, plant, excluding office clerical workers, buyers,' guards, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.' 5. The determination of representatives : Shelling Company has two part-time plant employees who divide their time each day between working for this company and attending trade school. They have been in Shelling Company's employ from 2 to 6 years and are carried on its regular pay roll. We find that these individuals'are regular part-time employees with interests akin to those of the full-time workers and, therefore, that they are eligible to vote in the election hereinafter directed." At the time of the hearing, Pearlman & Co., and Shelling Company each employed two unskilled workers, classified as casual laborers, who the Petitioner contends are entitled to participate in the election. Such workers. are hired by these companies from time to time mainly to help unload trucks. They are retained only until the particular job is completed, and the companies have no established policy of " Of the total unshelled pecans purchased by Pearlman & Co., approximately 25 percent is resold by it to Shelling Company. The latter company, in turn, supplies Reduction Company, without charge, with about 25 to 35 percent of the pecan shells accumulated in Shelling Company's operations. 5 Cf. Matter of American Relays and Controls, Inc., 81 N. L. R. B. 178, and Matter of Orleans Materials & Equipment Co., Incorporated, 76 N. L. R. B. 351. 8 The individuals occasionally hired in this capacity perform exclusively buying functions. In accordance with our usual practice, we shall exclude the buyers from the unit. See Matter of Wm. P. McDonald Corporation, 83 N. L. R. B., No. 66. Y In view of the foregoing, the Employers' motions to dismiss addressed to the showing of interest and compliance status of the Petitioner, the jurisdiction of the Board, and the scope of the unit, are hereby denied. 8 Matter of Leedon Webbing Company, 81 N. L. R. B. 216, and Matter of Florsheim Retail Boot Shop, 80 N. L. R. B. 1312. 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rehiring the same individuals. We find, contrary to the Petitioner's contention, that the casual laborers lack sufficient interest in the selec- tion of a bargaining representative to entitle them to vote in the election.9 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employers, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional 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, and.to our determination in paragraph numbered 5, above, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion of Election, 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 dis- charged 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 United Packinghouse Workers of America, CIO. 9Matter of Ozark Central Telephone Company , 83 N. L. R. B., No. 32.