J. G. Boswell Co.

360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly, we find that all office clerical employees of the Employer, excluding all other employees, guards, and super- visors 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. [Text of Direction of Election omitted from publication] J. G. BOSWELL COMPANY and INTERNATIONAL ASSOCIA- TION OF MACHINISTS, AFL, Petitioner . Case No. 20-RC- 2410. December 15, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Karin Nelson, 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 mean- ing of the Act. 2. The labor organization involved claims to represent certain employees of the Employer.1 3. A question affecting commerce exists concerning the representation of employees of the Employer within the mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit: The Petitioner seeks a single unit of production and mainte- nance employees at the Employer' s gins and oil mill located at Corcoran, Tulare, and Tipton, California.' The Employer agrees that this is an appropriate unit, except that the Employer would exclude, and the Petitioner would include, ranch-shop employees, feed-mill employees, and watchmen. The Employer would also exclude the water-department employees, while the Petitioner takes no position. The Petitioner would include certain seasonal employees, whereas the Employer contends that they should either be excluded or found ineligible to vote in any election directed herein. The Employer is a California corporation engaged in grow- ing cotton, alfalfa, and barley as well as raising cattle on its various ranches, which are located near the foregoing cities, and is also engaged in ginning, buying and selling cotton, and 1 The Employer contends that the Petitioner has not made a sufficient showing of interest. We find no merit in this contention, as showing of interest is an administrative matter, not litigable by the parties. Yellow Cab Company, 103 NLRB 395. Moreover, we are satisifed that the Petitioner has made an adequate showing 2 There are 7 gins and 1 oil mill at Corcoran, and 1 gin at both Tulare and Tipton. The latter cities are approximately 20 miles from Corcoran 107 NLRB No 105 J. G. BOSWELL COMPANY 361 manufacturing cotton-seed products. There is no history of collective bargaining among the employees sought. Ranch-shop employees: The Employer contends that the approximately 20 ranch-shop employees have no community of interests with the other employees sought and should be excluded from the unit. The duties of the ranch-shop employees are to repair and maintain all ranch equipment, such as trac- tors, mechanical cotton pickers, and trucks.' They are stationed in 2 buildings on one of the Employer's ranches, about 4 miles from Corcoran, but they sometimes go to the various ranches in order to make repairs on the site. They also occasionally operate the farm equipment on the ranches. It is clear from the foregoing that the duties of the ranch- shop employees are incidental to the Employer's farming operations and that, consequently, they are agricultural laborers within the meaning of the Act. We shall therefore exclude them from the unit.4 Feed-mill employees: The Employer contends that the 5 feed-mill employees are agricultural laborers within the mean- ing of the Act. They are stationed at the Employer's feed mill, which is about one-half mile from Corcoran. Their primary duties are to prepare feed for the Employer's cattle. They also transport the feed by truckto the cattle and haul materials from the oil mill to be used in preparing the feed. They spend about 25 percent of their time in repairing corrals and feed troughs. We find that the feed-mill employees are agricultural laborers and shall exclude them from the units Water-department employees: There are approximately 5 or 6 employees in this department. These employees work in the fields, measuring and distributing water for the ranches, and also work on levees and reservoirs. We find that they are agricultural laborers and shall exclude them from the unit. Watchmen: The Employer employs 3 to 6 watchmen who spend the great majority of their time performing typical guard duties at the Employer' s gins and mill. We find that they are guards within the meaning of the Act and shall exclude them from the unit.6 Seasonal Employees: As stated above, the Petitioner would include the Employer's seasonal employees in the unit. The Employer contends that: (1) They should be excluded; and (2) if included, they should not be permitted to vote. The Employer' s ginning season lasts about 5 months, from September to March. The oil-mill season is slightly longer. During this period the Employer employs about 200 to 300 seasonal employees to work in its gins and oil mill. In addition, the Employer has a year-round complement of about 72 em- 3 Except intermittently, the ranch-shop employees do not work on gin or oil-mill equipment Likewise, the maintenance employees at the gins and mill seldom repair ranch equipment. There is very little interchange among the two categories 4Central Juncos, 99 NLRB 809; Luce & Company, 98 NLRB 1103 5G. K Livestock Company, 104 NLRB 924. 6 Walterboro Mfg. Co., 106 NLRB 1383. 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees who, during the off season , do maintenance and con- struction work on the gins and oil mill , and most of whom do pro- duction work during the seasonal period. Statistics submitted at the hearing show that the seasonal employees are employed, on the average, fora total of 13 weeks . However , about 100 sea- sonal employees remain throughout the entire 20-week season. Many of them retain contact with their supervisors during the off season , and about 34 percent of the seasonal employees are re- employed each year .? Because of their skill , about 40 to 50 per- cent of the seasonal employee s who return yearly are employed in key production positions at the plants , as are many year-round employees. Most of the employees performing the same work re- ceive the same rate of pay, regardless of whether they are seasonal or year-round employees . Preference in hiring for seasonal work is given to those employees who have worked during a previous season . Year- round employees have certain benefits that seasonal employees do not receive , such as va- cations with pay, seniority rights, and pensions. Upon the entire record , we find that: (1) The seasonal em- ployees have sufficient community of interests with the non- seasonal employees to warrant their inclusion in the unit sought by the Petitioner ; and (2 ) they have sufficient interest in the working conditions at the gins and mill to entitle them to vote in the election directed herein.8 W@ find that the following employees constitute a unit appro- priate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's gins and mill at Corcoran, Tulare , and Tipton, California, in- cluding seasonal employees , shipping and receiving employees, warehousemen , and truckdrivers , but excluding office clerical, professional, and technical employees , watchmen , guards, agricultural laborers , ranch -shop, feed -mill, and water- department employees , and supervisors as defined in the Act. 5. In view of the proximity of the peak of the. seasonal em- ployment, we shall direct an immediate election. [ Text of Direction of Election omitted from publication.] 7 The above findings are based on the 2-year period, 1951-53, which the parties stipulated is typical of the Etnployer's operations. 8Stokely- Van Camp, Inc., 102 NLRB 1259; Utah Canning Co., 100 NLRB 606. A. S. ABELL COMPANY (WMAR-TV) and AMERICAN FED- ERATION OF TELEVISION AND RADIO ARTISTS, AFL. Case No. 5-RC-1323. December 15, 1953 DECISION AND CERTIFICATION OF RESULTS OF ELECTION On September 15, 1953, pursuant to a stipulation for certifica- tion upon consent election executed between the Employer and 107 NLRB No. 102.