Ninth Street Skookum Growers, Inc.

944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Appendix B NOTICE TO ALL EMPLOYEES Pursuant to the recommendations of a Trial Examiner of the, National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that : WE WILL NOT discourage membership in UNITED STEELWORKERS OF AMER- ICA, C. I. 0., or any other labor organization of our employees, by dins charging and refusing to reinstate them, or in any other manner discrimi- nating in regard to their hire, tenure of employment, or any term or-con- dition of employment. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist UNITED STEELWORKERS OF AMERICA, C. I. 0., or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8 (a) (3) of the Na- tional Labor Relations Act. WE WILL OFFER to Victor Dyer immediate and full reinstatement to -his former or a substantially equivalent position, without prejudice to any seniority or other rights and privileges previously enjoyed, and make him whole for any loss of pay suffered as a result of the discrimination against him. All our employees are free to become, remain, or.refrain from becoming mem- bers of the above-named union or any other labor organization, except to the ex- tent that this right may be affected by agreements in conformity with Section S (a) (3) of the National Labor Relations Act. SCOTT & WILLIAMS, INCORPORATED, Employer. Dated -------------------- By- ------------------------------------ (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. NINTH STREET SKOOKUM GROWERS , INC. and CANNERY WAREHOUSE- MEN, FOOD PROCESSORS , DRIVERS AND HELPERS, LOCAL No. 3 18, INTER- NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSE- MEN & HELPERS OF AMERICA, AFL, PETITIONER WENATCHEE WENOKA GROWERS ASSOCIATION and CANNERY WARE- HOUSEMEN, FOOD PROCESSORS, DRIVERS AND HELPERS, LOCAL No. 318, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA , AFL, PETITIONER. Cases Nod. 19-RC-1025 and 19-RC-1037. June 25, 1952 99 NLRB No. 128. NINTH STREET- SKOOKUM GROWERS , INC. 945 Decision and Order Upon- separate petitions duly filed, a consolidated hearing was held in the above cases before Orville W. Turnbaugli, 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 these cases the Board finds : 1. The Employers 2 are each engaged in commerce within the mean- ing of the National Labor Relations Act. 2. The labor organization involved claims to represent certain employees of each of the Employers. 3. No question affecting commerce exists concerning the representa- tion of employees of either Employer within the meaning of Section 9 (c)-(4) and Section 2 (6) and (7) of the Act, for the following reasons: The Petitioner seeks to represent in separate 'units all employees employed on a year-round basis at the respective plants of each Em- ployer excluding seasonal employees employed during the packing season, office and clerical employees, field men, guards, professional employees, and supervisors as defined in the Act. The Petitioner would further limit the unit by including as year-round employees only those employees who work 40 weeks or more per year. This description would embrace approximately eight employees at each operation. The Employers would include all seasonal employees .3 They-argue that there is no essential difference in job function, skills, or conditions of employment between those employees sought and those whom the Petitioner would exclude. The Employers argue fur- ther, in effect, that 40 weeks per calendar year is not a proper unit "measuring stick" and that such a collective bargaining unit would exclude employees doing identical types of work for shorter periods. We find the Employers' arguments persuasive. Both Employers are cooperative associations. They operate pack- ing, warehouse, cold storage, and shipping facilities for fresh fruit. Each Employer receives and packs cherries, apricots, winter pears, and apples, and, in addition, Wenatchee also receives and packs s Thee Employers , although not objecting to the consolidation of these cases for the purpose of taking testimony and other evidence, do object to the consolidation for any other purpose. In effect, they argue that each Employer should be subject to a separate order and separate rulings. The Board finds that the consolidation of these cases for decisional purposes will in no way prejudice either Employer , and as we have given due consideration to the case of each Employer we shall deny the Employers ' motions. 2 The Employer in Case No . 19-RC-1025 is hereinafter referred to as Skookum. The Employer in Case No . 19-RC-1037 is hereinafter referred to as Wenatchee. 7 The Board, in agreement with Wenatchee and the International of the local here in- volved, found appropriate a unit at the Wenatchee operation similar to the units now contended for by both Wenatchee and Skookum . Wenatchee-Wenoka Growers A88ociation, 75 NLRB 197. However , no collective bargaining history ever resulted as the International lost the election. 946 DECISIONS OF NATIONAL I)ASbIt RELATIONS 1IfOARD peaches. The basic operations of the two Employers are essentially the same. Usually, upon receipt the fruit is graded, packed either wrapped or unwrapped into various containers, loaded on cars, and shipped to the markets. In addition, Skookum holds considerable quantities of loose fruit in cold storage and this fruit is packed and shipped during the "off-season." Wenatchee, unlike Skookum, does not hold loose fruit, but does hold packed fruit which may be repacked during the "off-season." Both Employers ship fruit intermittently throughout the winter and spring, and at times their shipping season. continues almost to the cherry pack season. The Employers' peak operations are seasonal in character and ex- tend, usually, from June 15 to December 1. Employment during the packing season for the Skookum and Wenatchee plants reaches as high as 250 employees and 150 employees, respectively 4 Both Em- ployers maintain lists of employees who have worked during past seasons and preference is given to these workers. Thus, Skookum maintains a 'list of some 150 former employees most of whom are housewives in the area. During the pear and apple season it calls its most experienced grader and crew back first, then its second most experienced crew, etc., until there are enough graders and crews to handle the fruit.5 If the list proves inadequate it recruits high school and college students. Wenatchee also maintains records of past em- ployees, but recruits by local radio and newspapers for employees to handle the soft fruit. Approximately 50 percent of its seasonal em- ployees return from year to year for the pear and apple season. In addition to their peak season employment, the seasonal workers of each Employer are frequently called back to work during the "off-season" to grade and pack loose fruit at Skookum and repack fruit at Wenatchee. On March 24, 1952, in the middle of the "off-season," there were approximately 41 seasonal employees with occupational classifications of sorters, packers, and warehousemen working at the Skookum plant .6 "The approximate seasonal peaks and seasonal employment level for each peak are as follows : Skookum operation Cherry . . from June 15 to July 10--------------------. 200 to 250 employees Apricot . . from July 1 to July 15--------------------- 100 employees Pear . . . from September 15 to 30------- --------------- 30 employees Apple . . . from September 25 to December 1-------------. 150 employees ll"enatchee operation Cherry . . . from June 15 to July 10-------------------- 150 employees Apricot . . . from July 1 to July 15-------------------- 50 employees Peach and Pear . . . from September 15-30------- -- --- 50 employees Apple . . . from September 25 to December 1-------------. 150 employees b Some of its number 1 crew have been returning year after year since 1920 when the plant was operated by American Fruit Growers. 9 There were no employment figures submitted for the Wenatchee plant, but it appears that there was no repacking being done at that time. NINTH STREET SKOOKUM GROWERS, INC. 947 The proposed units of the Petitioner would consist for the most part of warehousemen, some of whom perform supervisory functions dur- ing the seasonal peaks, and all of whom perform some of the customary work of warehousemen during the "off-season." While working as warehousemen their duties consist of such jobs as moving fruit in the cold storage areas, segregating and stacking packed fruit, and loading fruit into cars. They may also perform minor maintenance work. By limiting the unit to those who work in excess of 40 weeks per year, the Petitioner would exclude employees who regularly work as warehousemen during the "off-season" period but whose periods of employment vary with the availability of warehouseman's work. The Petitioner would also exclude the so-called seasonal employees who, as already appears, perform some work during the "off-season" period handling for the respective Employers quantities of loose fruit or packed fruit in cold storage. Indeed among these projected exclusions are employees classified as warehousemen as well as sorters and pack- ers. Moreover, apart from the fact that the more regular employees may receive a higher rate of pay,' their job functions, skills, and con- ditions of employment are not materially different.,, In these circumstances, we perceive no real basis of demarcation be- tween the year-round employees who work in excess of 40 weeks and those nonseasonal. employees who work less than 40 weeks during a given year,' and the so-called seasonal employees, some of whom also work for periods during the "off-season" and many of whom return from year to year. We therefore conclude that the units requested are inappropriate.'' Accordingly, as the Petitioner seeks an arbitrary grouping of em- ployees and does not appear to be desirous of representing employees of the respective Employers on a more inclusive basis, we shall dis- miss the two petitions filed herein. Order IT IS HEREBY ORDERED that the petitions in Cases Nos. 19-RC-1025 and 19-RC-1037 be, and they hereby are, dismissed. CHAIRMAN HERZOC took no part in the consideration of the above Decision and Order. ' The record shows that most of the regular employees at Wenatchee do receive a higher rate of pay ; it Is silent as to the respective rates of pay tor Skookum. ' It appears that only those having certain supervisory functions receive vacations at Skookum while Wenatchee requires an employee to work at least 1 full year to be eligible for a vacation . At both plants the seasonal employees do not receive vacations. ' The case of Cascadian Pratt Shippers, Inc, 19-RC-938 , not reported in the bound volumes and issued April 25 1962. where a unit with it similar 40-week limitation was found appropriate by the Board , is hereby overruled t 30 Cf. Libby, McNeill cC Libby. 90 NLRB 279: Bea, CreeA Orcha,ds, 87 NLRB 1348 Stokely Foods, lee, 83 NLRB 795. t,