Bercut-Richards Packing Co., et al.

In the Matter of BERCUT-RICHARDS PACKING COMPANY, ET AL. and CANNERY AND FOOD PROCESS WORKERS COUNCIL OF THE PACIFIC COAST AND ITS AFFILIATED UNIONS; FOOD, TOBACCO, AGRICULTURAL AND ALLIED WORKERS UNION OF AMERICA, C. I. O. Case No. 20-1?-1414, et al., -FOURTH SUPPLEMENTAL DECISION AND AMENDMENT TO SECOND DIRECTION OF ELECTIONS August 22,1946 On August 16, 1946, the Board issued a Third Supplemental De- cision and Second Direction of Elections herein., On August 20, 1946, the A. F. L. filed a motion to amend the Board's findings as to the ap- propriate units and voting groups to include deputized watchmen who are directly employed by the canneries. Inasmuch as no evidence was adduced at the hearing held on April 29, 1946, regarding the duties and status of the deputized watchmen, and there is insufficient time in which to procure such evidence prior to the holding of the elections, we are unable at this time to determine .the propriety of in- cluding these employees within the units and voting groups heretofore found appropriate. We hereby, however, amend our Second Direc- tion of Elections by permitting the deputized watchmen who are directly employed by the canneries to cast ballots in the elections, but we direct that the Regional Director shall impound such ballots pend- ing a ruling as to their validity at such time as the Board obtains evi- dence as to the duties performed by and status -of these watchmen. The Board, having been advised that a representative period in the peak season of , employment has not yet been reached in certain of the independent company units and voting group hereby postpones the elections previously directed therein until such time as the Board is advised of the arrival of a representative period of employment, making appropriate the holding of elections among the employees in such units and voting groups. Accordingly, we hereby amend the Second Direction of Elections herein by deleting from Appendix B. 170 N. L. R. B. 84 70 N. L. R. B., No. 27. 272 BERCUT-RICHARDS PACKING COMPANY 273 thereof the following named units and voting groups : Aron Canning Company, Stockton; Ensher, Alexander & Barsoom, Inc., #3 Isleton; Sacramento Frosted Foods Company, Sacramento; Allen R. Parrish Company, Stockton; H. H. Heinz Company, Tracy. _ The Second Direction of Elections provides for elections among em- ployees who were employed and actually worked "during the pay-roll period of the week ending August 17, 1946," with specified inclusions and exclusions. Apprehending that some of the Companies may util- ize pay-roll periods which do not end on Saturday, and desiring to obviate any ambiguity, the Board hereby amends the Second Direc- tion of Elections by substituting for the words quoted above, the fol- lowing : "during the pay-roll period ending nearest to August 17, 1946."