California Walnut Growers Association

In the Matter of CALIFORNIA WALNUT GROWERS ASSOCIATION and WALNUT WORKERS UNION, LOCAL 92 OF U NITED CANNERY, AGRICUL- TURAL. PACKING AND ALLIED WORKERS OF AMERICA Cases Nos. C-762 and R-816 CERTIFICATION OF REPRESENTATIVES March 18, 1940 On December 20, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election in the above-entitled proceedings.' On February 19, 1940, the Board issued a Supplemental Direction of Election.2 Pursuant to the Supplemental Direction of Election, an election by secret ballot was conducted on February 21, 1940, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California). On February 23, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series '4, as amended, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Regional Director reported as follows: Total number eligible to vote______________________________ 1,306 Total number of ballots cast______________________________ 1,251 Total number of valid votes cast________________________ 1,240 Total number of votes for Walnut Workers Union, Local #92, U C. A. P A. W. A of C I. 0_______________________ 629 Total number of votes against Walnut Workers Union, Local #92, U. C A. P. A. W. A. of C. I 0_______________________ 611 Total number of challenged ballots________________________ 11 Total number of blank ballots_____________________________ 0 Total number of void ballots ______________________________ 0 The challenged ballots were not counted nor ruled upon by the Regional Director since they could not have materially affected the results of the election. Thereafter, on February 26, 1940, California Walnut Growers Association filed with the Regional Director Objections to Conduct 1 18 N L R. B 493. 2 20 N. L. R. B. 565. 21 N. L. R. B, No. 70 689 690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Ballot and to the Election Report. Pursuant to Article III, Section 9, of said Rules and Regulations, the Regional Director con- sidered the Objections of California Walnut Growers Association, prepared a Report on Objections, dated February 28, 1940, based upon such consideration, duly served copies of his Report upon the parties, and forwarded the Election Report, Objections, and Report on Objections to the Board. The Board has considered the Objec- tions and the Report on Objections and finds that the Objections raise no material issue with respect to the conduct of the election, but are concerned exclusively with matters which were of record before the Board and which the Board duly considered in issuing its Decision, Order, and Direction of Election. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2 as amended, IT IS HEREBY CERTIFIED that Walnut Workers Union, Local 92 of United Cannery, Agricultural, Packing, and Allied Workers of America has been selected by a majority of the employees employed by California Walnut Growers Association at its Los Angeles Shelling Plants Nos. 1 and 2, excluding supervisory, clerical, and office employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Walnut Workers Union, Local 92 of United Cannery, Agricultural, Pack- ing and Allied Workers of America, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other con- ditions of employment. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Certification of Representatives.