Chapman Dehydrator Co., Inc.

In the Matter'of CHAPMAN DEHYDRATOR COMPANY, INC. and PACKING HOUSE EMPLOYEES UNION, LOCAL 22911, A.F.L. In the Matter of E. A. COUTURE AND PAUL COUTURE, A PARTNERSHIP, DOING BUSINESS AS E. A. COUTURE DEHYDRATOR and PACKING HOUSE EMPLFYEES UNION, LOCAL 22911, A.F.L. Cases Nos. R-5618 and B-5619 respectirvely.Decided July 23, 1943 Mr. W. M. Caldwell, of San Francisco, Calif., for the Companies. Mr. Gene De Christo faro, of Modesto, Calif, for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Packing House Employees Union, Local 22911, A.F.L., herein called the Union,- alleging that questions affecting commerce had arisen concerning the representation of em- ployees of Chapman Dehydrator Company, Inc., Modesto, California, herein called the Corporation, and E. A. Couture and Paul Couture, a partnership, doing business as E. A. Couture Dehydrator, Mo- desto, California, herein called the Partnership, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Gerald P. Leicht, Trial Examiner. Said hear- ing was held at Modesto, California, on July 1, 1943. The Corpora- tion, the Partnership, and the - Union appeared, participated, and were afforded full opportunity to_ be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. The motions of the Corporation and Partnership to dismiss the pe- titions are hereby denied for reasons hereinafter stated. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity for filing briefs with the Board. Upon the entire record in the case, the Board makes the following:' 51 N. L. R.B.,,No.112. o 664 - 0 CHAPMAN DEHYDRATOR COMPANY, INC. 665 FINDINGS OF FACT 1. THE BUSINESS OF THE CORPORATION AND THE PARTNERSHIP Chapman Dehydrator Compdny, Inc., a California corporation, has its principal office and place of business at Modesto, California, where it operates a plant for the dehydration of fruits and vegetables. At the present time the Corporation has contracts with Government agen- cies for the delivery of approximately 7,500,000 pounds of dehydrated carrots and grapes for the total sum of approximately $2,500,000. The greater part of the Corporation's current production, all of which is allocated for the use of the armed forces of the United States, is des- tined for shipment to points outside the State of California. E. A. Couture and Paul Couture, a partnership, doing business as E. A. Couture Dehydrator, operates a plant at Modesto, California, where it dehydrates carrots. At present, the Partnership has contracts with Government agencies for delivery of approximately 4,500,000 pounds of dehydrated carrots for a total sum of approximately $1,500,- 000. The greater part of the Partnership's current production, all of which is allocated for the use of the armed forces of the United States, is destined for shipment to points outside the State of California. Both Corporation and Partnership admit that they are engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Packing House Employees Union, Local 22911, is a labor organiza- tion affiliated with the American Federation of Labor, admitting to membership employees of the Corporation and Partnership. III. THE QUESTIONS CONCERNING REPRESENTATION On April 20 and 23,1943, respectively, the Union notified the Corpo- ration and the Partnership that it represented a majority of the employees of each concern and desired to bargain collectively. Both employers declined to recognize the Union upon the ground that the unit proposed in each case was inappropriate for the purposes of collective bargaining. A statement of the Field Examiner for the Board, introduced in evidence at the hearing, indicates that the Union represents a substan- tial number of employees in each of the units hereinafter found approprite.1 I The Field Examiner reported that the Union had submitted in the proceeding relating to the Corporation 122 signed designations ; that 80 of these designations , of shish 79 were dated in Apiil 1943 and 1 undated , bore the apparently genuine oiiguial signatures of persons whose names are on the Corporation 's pay roll nearest to the date of May 10, 1943, containing the names of 218 persons within the claimed appropriate unit. The Field Examiner further reported that in the proceeding relating to the Partnership the Union had submitted 57 signed designations ; that 47 of these designations, of which 1 was 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that questions concerning-representation have arisen con- cerning the employees of the Corporation and Partnership, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS The Union contends that there should be two appropriate units, one each for the Corporation and Partnership, consisting of all em- ployees exclusive of supervisory and clerical employees, stationary en- gineers, and truck drivers. The Corporation and Partnership do not oppose the composition of the units requested by the Union but 'do contest the scope of the proposed units and contend that there should be but one industry-wide unit covering the employees of all companies 'in the adjacent areas of Merced and Stanislaus counties, which are engaged in the dehydrating industry and are members of an employer's association known as the California Association of Employers. While it appears that both the, Corporation' and Partnership are members of the employer's Association hereinabove referred to, and by virtue of such membership have thereby authorized the Association to engage on their behalf in collective bargaining with their respective employees, there is no evidence in the record that the Association, which admits to membership companies engaged in other industries, has even undertaken to bargain, collectively with labor organizations representing employees of companies engaged in dehydrating opera- tions.2 On the contrary, there is evidence to the effect that the com- panies thus engaged have frequently entered into separate agreements with labor organizations covering the employees of their respective plants. Moreover, the record discloses not only that there are a num- ber of such companies which, though operating within the area, have not become members of the Association, but also that there are a num- ber of similar companies which have only recently begun operations, and still others which are merely in the preparatory stages of pro- duction at the present time. In addition, the Union does not claim, nor is there any evidence, that the Union has organized the employees of all members of the Association. There is nothing to indicate any managerial interrelationship between members of the Association, and with respect to the Corporation and Partnership the evidence shows dated March 1, 1943, 44 dated April 1943, and 2 undated, bore the apparently genuine original signatures of persons whose names appear on the Partnership's pay roll nearest to the date of May 10, 1943 , containing the names of 102 persons within the claimed appropriate unit. - 2 The claim advanced on behalf of the Association that it has established a history of collective bargaining, through the filing of applications with Government agencies for the approval of a uniform' wage increase for employees in the dehydrating industry , is without merit , since such steps do not constitute negotiations with labor organizations within the meaning of the phrase , "collective bargaining" as ordinarily employed. CHAPMAN DEHYDRATOR COMPANY, INC. 667 that both operate at the present time as separate and distinct business organizations with no interchange of employees. Under all the circumstances including the present extent of union organization and the absence in the industry of any history of collec- tive bargaining on a multiple employer basis, we are of the opinion and find that an industry- or association-wide unit is inappropriate at this time for the purposes of collective bargaining.3 We further find that the rights of the employees herein involved to bargain col- lectively through representatives of their own choosing will be effec- tively preserved through separate bargaining units covering the em- ployees of the Corporation and Partnership, respectively. We find that all employees of the Corporation, excluding clerical employees, stationary engineers, truck drivers, and all supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees, or effectively rec- ommend such action, constitue a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. We find that all employees of the Partnership excluding clerical employees, stationary engineers, truck drivers, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES It was disclosed at the hearing that the plant operated by the Partnership is in the process of expanding. 'The plant began opera- tion on June 15, 1942, and was one of the first plants to engage in the dehydration of vegetables. At the date of the hearing, however, it appeared that the plant which then employed approximately 102 persons was on the verge of tripling both its production and pay roll. As nearly as can be approximated, the plant expansion calls for a total of approximately 300 employees or an increase of some 200 employees, of which increase approximately 50 percent will be real- ized within 3 weeks from July 1, 1943, and the balance within a month from this date. Although the Board has in some instances dismissed proceedings when by reason of expanding operations it has appeared that a representative group of employees would not be attained within a reasonably short time thereafter ,4 we are of the opinion that inasmuch 8 See Matter of Alaska Packers Association, 7 N. L R. B 141 ; Matter of Pacific American Fisheries, Inc, 28 N L R B 244; Matter or Union Collieries Coal Company, 41 N. L. R.'B. 961; and Matter of American Zinc, Lead and Smelting Company, 44 N. L R. B 443. 4 See Matter of Lukas Harold Corp., 44 N. L R. B. 730; Matter of Solar Aircraft Company, 48 N. L. R. B. 242. 668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as 50 ;percent of the expected total complement of the Partnership will be employed by July 21, 1943, and the balance by approximately August 1, 1943, the purposes of the Act would not be effectuated by dismissing the petition relating thereto.5 While we would custo- marily select the pay-roll period immediately subsequent to an at- tainment of 50 percent of the contemplated personnel,° it is to be expected that the full complement of employees will have been hired within approximately 1 week after the 50-percent figure has been reached. We shall, therefore, adopt the latter date for purposes of eligibility and direct that the question which has arisen concerning the Partnership be resolved by an election by secret ballot- among the "employees in the appropriate unit who were employed during the pay-roll period immediately subsequent to August 1, 1943, subject to the limitations and additions set forth in the Direction. We shall direct that the question,concerning representation which has arisen concerning the Corporation be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining With Chapman Dehy- drator Company, Inc., Modesto, California, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction, under the direction and super- vision of the Regional Director for the Twentieth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who, did not work said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine 5 See Matter of Remington Rand, Inc., Propeller Division, 50 N. L. It. B. 819. 6 See footnote 5. CHAPMAN DEHYDRATOR COMPANY, INC. 669 whether or not they desire to be represented by Packing House Em- ployees Union, Local 22911, A. F. L., for the purposes of collective bargaining. AND IT is FURTHER DIRECTED that, as part of the investigation to ascer- tain representatives for the purposes of collective bargaining with E. A. Couture and Paul Couture, a partnership, doing business as E. A. Couture Dehydrator, Modesto, California, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction, under the direction and super- vision of the 'Regional Director for the Twentieth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately subsequent to August 1, 1943, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Packing House Employees Union, Local 22911, A. F. L., for the purposes of collective bargaining. CHAIRMAN Mirsis took no part in the consideration of the above Decision and Direction of Elections.