Arkport Dairies, Inc.

In the Matter of ARKPORT DAIRIES, INC., EMPLOYER and CHAUFFEURS & TEAMSTERS LOCAL UNION 65, ITHACA, N. Y. & VICINITY, PETITIONER Case No. 3-RC-298.Decided September 29, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a bearing was 'held before Richard Lipsitz, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 involved claims to represent certain 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. We find, substantially in accordance with a. stipulation of the parties, that all -plant employees 1 at the Employer's sole plant at Arkport, New York, including seasonal employees, but excluding clerical employees, laboratory technicians, professional employees, truck drivers, and supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the kct. 5. The Employer is engaged in processing and distributing milk and milk products. The Employer has about 30 regular employees, and, during its busy season, which extends from March to August, employs about 30 additional employees. The Employer contends that these seasonal employees should be ineligible to vote in any election directed by the Board. The Petitioner requests that such employees 1 The Employer contends that employees hired for the busy season, from March to August, should be excluded from the unit. The Board, however, has frequently held that employees such as those herein involved are properly included in the unit. Matter of Will. P. McDonald Corporation, 83 N. L. R. B. 427; Matter of Stokely Foods, 81 N. L. R. B. 1103. 8e- *1 L. R. B., No. 40. 319 320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD be allowed to vote. The Board customarily permits seasonal em- ployees to vote and, in fact, in seasonal industries, directs elections to be held at the peak of the season so that such employees may Vote .2 Under the facts of this case, however, we see no reason to postpone an election until the Employer's next busy season as the permanent employees, comprising about 50 percent of the Employer's pay roll at the peak of the busy season, constitute a representative and sub- stantial group. We shall therefore follow our customary practice of directing an immediate election among those currently employed. 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 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, 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 this Direction 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 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, for purposes of collective bar- gaining, by Chauffeurs & Teamsters Local Union 65, Ithaca, N. Y. & Vicinity. 2 Matter of- Edgar F. Hurf Company, 77 N. L. R. B. 762.