Jameson Co.

In. the Matter of JAMESON COMPANY and CORONA CITRUS WORKERS INDUSTRIAL UNION, LOCAL $ 342 OF THE UNITED CANNERY, AGRi= CULTURAL, PACKING AND ALLIED WORKERS OF AMERICA, C. I. 0.r Case No. R-1870.-Decided July 3,.19410 Jurisdiction : citrus-growing and packing industry. Investigation and Certification of Representatives : existence of question where employer refuses to accord full recognition to union; contract for members only no bar to ; election necessary. Alter refusal to bargain with petitioning union on the ground that the Company's employees are not subject to the Act, a new local assumes jurisdiction over said employees and no showing is made that said local requested recognition Held that a question concerning representation has arisen irrespective of change in the structure of the union Unit Appropriate for Collective Bargaining : all production employees of the Company at Corona, California, employed in processing, grading, packing, and shipping products of the Company, and all maintenance employees of the Company wherever located, including general floor laborers, graders, packers, carloaders, labelers, box makers, refrigerator men, pressmen, and basenment-storage employees, but excluding officials of the Company, super- visory employees, employees having the right to hire and/or discharge, and clerical employees wherever located, including the superintendent, foreman, timekeeper, and lemon washer Definitions: Packinghouse workers engaged in handling, processing, and packing citrus fruits held not agricultural laborers within the meaning of the Act. Practice and Procedure: Pursuant to a motion made subsequent to the hearing, one local ordered substituted for the petitioning local is party petitioner in the procedings in all respects as if said local had participated in the proceedings pro- vided the substituted local files with the Board a statement that it assents to the substitution of itself and waives any right of notice and binds itself to the record as made Mr. James A. Cobey, for the Board. Mr. Ivan G. McDaniel, by Mr. George C. Lyon, of Los Angeles, Calif., for the Company. Mr. T. R. Rasmussen, of Los Angeles, Calif., for the Union. Mr. Richard Johnston, of counsel to the Board. 'In accordance «ith a motion filed after the heating herein, which we hereinafter grant, the caption of the case has been changed 25 N. L. R. B , No 14. 64 JADZESON COMPANY DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE 65 On April 5, 1940, Fruit and Vegetable Packing House Workers Union #78, affiliated with United Cannery, Agricultural, Packing and Allied Workers of ^America,2 herein called,the Fruit and Vegetable Workers Union, a local of United Cannery, Agricultural, Packing and Allied Workers of America, an International labor organization, herein called the United, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employ- ees of Joy G. Jameson, Miriam W. Jameson, Eloise Jameson, and Adelaide Jameson, copartners doing business under the trade name and style of Jameson Company," Corona, California, herein called the Com- pany, and requesting to investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. In accordance with our ruling below upon a certain motion of the Fruit and Vegetable Workers Union filed with the Board after the hearing herein, mentioned hereinafter, said petition is amended mine pro tune as of April 5,1940, by striking there- from the name of the Fruit and Vegetable Workers Union, as the party petitioner, and substituting therefor as party petitioner the name of Corona Citrus Workers Industrial Union, Local #342 of the United Cannery, Agricultural, Packing and Allied Workers of America, C. I. 0., herein called the Union, a labor organization which also is a local of the United. On May 13 the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as, amended, ordered an inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 20 the Regional Director issued a notice of hearing, copies of which, to- gether with copies of the petition, were duly served upon the Company and upon the Fruit and Vegetable Workers Union.4 'This is the correct name of the labor organization , as set forth in its constitution. 3 The Company is designated in the record as Jameson Packing Company. However, the evidence shows, as found below , that the Company is a copartnership composed of Toy G Jameson, Miriam W. Jameson, Eloise Jameson, and Adelaide Jameson, trad- ing under the trade name and style of Jameson Company 4 The Union was not serN ed with notice of hearing nor did it participate in the healing However, as appears from what is set forth below, we assume that the Union has waived or is \ulhng to waive, notice of hearing and participation in the hearing upon the petition. and to accept the record as made for the purposes of determination 66 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD Pursuant to the notice a hearing was held on June 3 at Los Angeles, California, before James A. Cobey, the Trial Examiner duly designated by the Board. The Company was represented by counsel, and the Fruit, and Vegetable Workers Union 5 by its representative. Both of said parties participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded the parties. At the opening of the hearing the Company moved to dismiss the proceedings for want of jurisdic- tion of the subject matter, on the ground that all the employees of the Company referred to in the petition and involved herein are excepted, as agricultural laborers, from the provisions of the Act, and further that the Company is not engaged in nor do its operations affect inter- state commerce. Ruling upon this mot ton was reserved for the Board. For reasons:sufficiently appearing below, the motion is hereby denied. During the course of the hearing the Trial Examiner made various rulings on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Since the hearing the Company has submitted a brief in support of its position. Subsequent to the hearing and on June 14 the Fruit and Vegetable Workers Union, by its representative,' lodged with the Board a writ- ten motion, together with a certain stipulation annexed thereto en tered into by itself and the Company., On June 19 the Board issued an order making said motion and stipulation part of the record herein, and duly served copies thereof, upon, among others, the Com- pany and the Fruit and Vegetable Workers Union. The Company has not opposed the allowance of this motion, and we assume from its participation in said stipulation that it has no objection to action by the Board in conformity therewith. In said motion the Fruit and Vegetable) Workers Union requested that its name be stricken from the record wherever the same therein appeared and that. the name of the Union be substituted therefor. In the annexed stipulation it and the Company agreed, subject to approval by the Board, that if a certain named individual were called as a witness herein, he ww ould testify, in substance, that on May 27, 1940, the United chartered the Union as a local thereof comprising the membership of the United_s of representatives We have provided below for an opportunity to it to afflim this assumption The Central Labor Council and the Los Angeles Industiial Union Council also were solved with notice of hearing See footnote 4, supra. This is the same individual who appeared at the heating in behalf of the Fruit and Vegetable Workers Union 4 While it is not entirely clear from these documents , we have concluded that the Fiuit and Vegetable Workers Union is the party making the motion and in whose behalf the stipulation was executed. `Membership in any local of the United includes membership in the United JAMESON COMPANY 67 in and about Corona, California, including employees of the Com- pany who were members of the United, that the Union has jurisdic- tion over employees of the Company, and that "this change in organ- izational structure" was not known by the representative of the Fruit and Vegetable Workers Union at the time he, appeared for the peti- tioner at the hearing herein. The record shows that the membership of the Fruit and Vegetable Workers Union includes members of the United employed in wide areas in Arizona and California, and in the Hawaiian Islands. At the hearing this organization claimed jurisdiction over, and to represent for collective bargaining purposes, persons affiliated with the United in and about Corona, California. In view of the facts thus stipulated to and the record , the Board interprets the motion in question as one to amend the petition in the inanner already indicated, to substitute the Union as party peti- tioner in these proceedings in the place and stead of the Fruit and Vegetable Workers Union in all respects and to the same extent as if the Union and not the Fruit and Vegetable Workers Union had been and had acted as the party petitioner herein, to place the name of the Union and not that of the Fruit and Vegetable Workers Union upon the ballot in any election which may be directed herein, and for any and all other action consistent' therewith and with the applica- tion made in said motion; and to that end suggesting that the Union be taken as assenting to the foregoing, waiving all right to notice of and participation in a hearing on, the petition, and consenting to being bound by the record to the same extent as the Fruit and Vege- table Workers Union herein may be bound. The Board hereby ap- proves said stipulation, finds the facts to be as therein alleged and hereinafter set forth , and grants said motion . Inasmuch as it is unclear from the motion papers whether the Union itself has joined in the application therein made and, hence, whether it assents to action herein in conformity therewith, the election which we have directed below shall be held only if the Union files with the Regional Director, as part of the record herein, and leave is hereby granted the Union so to do, its statement setting forth that it assents to the sub- stitution of itself as party petitioner herein, waives any right to notice of or participation in a hearing upon the petition, and binds itself to the record as made to the same extent as the Fruit and Vege- table Workers Union may or otherwise would be bound. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Joy G. Jameson, Miriam Jameson, Eloise Jameson, and Adelaide Jameson are copartners trading under the style and name of Jameson 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company with property and a place of business at Corona, California. The Company is engaged in the business of growing, packing and selling citrus fruits, and in shipping the fruit for marketing, as more particularly set forth hereinafter, under a marketing agreement with Queen Colony Fruit Exchange, a California corporation, which has a marketing agreement with California Fruit Growers Exchange, herein called the Fruit Exchange, also a California corporation. The Company owns and cultivates 876 acres of citrus fruit groves at Corona: It also operates a packing house at Corona, in which venture another partnerships has a ogle-fifth interest and it the remaining interest. At the packing house the Company receives, handles, washes, grades,. assembles, packs, and places on board rail- ioad cars for shipment to the market the citrus fruit which it grows, in its groves and the fruit of the other partnership and five growers of citrus fruit in or near Corona. Of the fruit thus packed 88.5 per cent is that of the Company and of the other partnership,10 and 11.5 per cent of other growers. Work it the packing house is seasonal, dependent upon the maturity of the various fruits and upon grove coiidit^ions. The Company employs a maximum of 142 and a mini- mum of 34 persons in the packing house. During the week ending May 25, 1940, it employed 70 such workers. These proceedings are concerned only with employees of the Company who work at the packing house. The Company, together with certain other local associations and partnerships, does its marketing through Queen Colony Fruit Ex- change, a so-called district exchange, and the Fruit Exchange, an organization comprising the afore-mentioned and 24 other district exchanges. The Company has a written contract with Queen Colony Fruit Exchange which provides for marketing by the Exchange of all fruit controlled by the Company. In turn, the Fruit Exchange has a written agreement with Queen Colony Fruit Exchange ^ for the marketing of all fruit controlled by such district exchange. The Fruit Exchange sells the fruit marketed through Queen Colony Fruit Exchange, and shipments are made under bills of ladling designating the Fruit Exchange as consignor and consignee. Seventy-eight per cent of all citrus fruits grown in California and Arizona are marketed in similar manner by and through the Fruit Exchange. It conducts a large sales organization with headquarters in Los Angeles, Califor- fiia, and with district sales offices in 57 of the larger cities of North "This pai tnership is known as Todd & Todd and its pai tners are Clement J Todd and Rennce J Todd "In its brief the Company adverts to the 88 5 per cent as being that of the Com- panv Apparently it relies on a certain stipulation introduced into the record How- ever, at the hearing Joy G. Jameson testified that this percentage was of fruit owned by the Company and Todd & Todd. There is no break-down of this figuie as between the to o partneiships JAMESON COMPANY 69 America. It has 32 additional suboffices in smaller centers. It en- gages in advertising campaigns featuring , the trade nark "Sunkist" throughout the United States, and in Canada and Great Britain, and advertises in periodicals, recipe books, consumer educational mate- rial, and dealei displays which are circulated all over the world. The agreement between the Fruit Exchange ,and Queen Colony Fruit Ex- change lists as one of its principal purposes and objects , "That the business engaged in, being interstate in character, to secure at all times full compliance with the laws of the United States concerning Interstate Commerce . . ." 11 In the 1938-1939 citrus fruit crop year , a typical year for the Company, the Company received at its packing house an amount of citrus fruit totalling , when packed, at least 268 ,162 boxes. It di- verted 72 ,597 of these boxes for use as byproducts , and under the agreements afore-mentioned marketed through the Fruit Exchange, which made shipments thereof, 18 ,021 boxes in intrastate conmierce, 161,100 boxes of fruit valued at over $200,000 in interstate commerce, and 16,444 boxes of fruit in foreign commerce . As set forth below the fruit destined for such commerce was placed by employees of the Company onto railroad cars consigned for markets in California, other States , and foreign countries . During the year 1939, the Company in the course of its operations at the packing house used various raw materials costing $28 ,600. Approximately 40 per cent of these materials , consisting of spruce slats and covers , were pur- chased and shipped to the packing house from outside the State of California. II. THE ORGANIZATIONS INVOLVED Corona Citrus Workers Industrial Union, Local #342 of the United Cannery, Agricultural, Packing and Allied Workers of America, C. I. 0., is a local of United Cannery, Agricultural, Packing and Allied Workers of America, a labor organization affiliated with Congress of Industrial Organizations. The Union admits to membership persons employed at Packing houses, in and about Corona, California, includ- ing persons employed in the packing house of the Company. The Union was chartered as a local of the United on May 27, 1940, with its membership comprising the membership of the United in the men- tioned area. Fruit and Vegetable Packing House Workers Union #78, affiliated with United Cannery, Agricultural, Packing and Allied Workers of America, is a local of United Cannery. Agricultural, Packing and "Fruit Growers Supply Company, a subsidiary supply department of the Fruit Exchange, furnishes orchard and packing mateuals to affiliated grower members and controls timber holdings, lumber mills and box-manufacturing plants Appioxunately 15 per cent of the lumber used comes from outside Califoinm 284016-42-N of 2)--a 70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Allied Workers of America, admitting to membersnip workers em- ployed in and around fruit and vegetable packing sheds, warehouses, and grounds in Phoenix and Yuma, Arizona ; Imperial Valley, Salinas, and Lindsay, California; Hawaiian Islands, and elsewhere. On May 27, 1940, in pursuance of a reorganization of the parent body, the Fruit and Vegetable Workers Union lost what jurisdiction it had over, and its representation of, such workers employed in and about Corona, California,'including employees of the Company. III. THE EDII'LOYEES OF THE COMPANY The Company employs at the packing house general floor laborers, graders, packers, carloaders , labelers, box makers , refrigerator men, pressmen,' and basement storage employees. Upon the arrival by motor truck at the packing house of the fruit from the groves, the general floor laborers remove from the trucks the field boxes wherein the fruit is contained, cart them into the packing house and place them or the fruit on proper conveyor belts, into hoppers or into the so-called "pre-sorter." They also stack and load boxes of fruit which have been packed, and do various other jobs around the pack- ing house. Many of the operations performed in the packing house are done automatically by machines . The fruit placed in the "pre- sorter," has all leaves, trash, and rots there removed, and- then is dumped into a soaking tank where it passes through brushes which scrub it with soapy water. Next the fruit goes into a tank containing a solution of borax; then past rollers and dryers; then onto a waxer where clear wax is applied; and then passes along on a moving belt for grading. The grading is performed by the graders who in the course of their duties systematically separate the various grades of fruit and remove the inferior fruit. After thus being graded, the fruit passes into bins. The packers stand alongside the bins and pick up the fruit, wrap it, and place it in boxes according to a set standard of packing. After the packers finish packing the boxes of fruit, the boxes are placed on a moving belt which conveys them to the lidding machines where tops are attached. The boxes are then conveyed into the "pre-cooler" storage room where they remain from 8 to 10 days after which they are trucked to the loading platform and placed by the carloaders in railroad cars adjacent to the packing house to be shipped to markets in California, other States, and foreign countries. The labelers attach labels to the boxes; the box makers operate box machines which make the boxes in which the fruit is packed; the refrigerator men are in charge of refrigera- tion. The question concerning representation which we hereinafter find to have arisen involves the afore-mentioned packing-house workers. DECISIONS OF NATIONAL LABOR RELATIONS BOARD 71 As above stated, the Company contended in support of its motion to dis- miss the proceedings that these workers are excepted , as agricultural laborers, from the provisions of the Act. We had occasion to consider a similar question in the North Whittier Heights case,' where we held that workers employed in a citrus fruit packing house were not agri- cultural laborers . Our decision in that case was sustained by the United States Circuit Court of Appeals for the Ninth Circuit.13 The Company urges , nevertheless , in the brief which it has submitted that the packing-house employees here involved are agricultural laborers, within the meaning of the Act. It adverts to certain facts which it evidently regards as distinguishing the situation here presentea_from that in the North, Whittieli heights case.? ' We are of the opinion that the construction of the Act there made .is decisive of the question here raised , and that none of the employees herein 'involved is an agri- cultural laborer as that term is used in the Act. The packing house and the operations therein carried on constitute a distinct commercial enterprise, industrial rather than agricultural in nature and function- ing, and intimately related to a comprehensive commercial , industri- alized system for marketing citrus fruits. Thus the work performed at the packing house by employees of the Company is part of and con- nected with operations of the Company incident to an industrial enter- prise and commercial operation . As above stated , ownership ' of this enterprise is divided between the Company and another partnership. While a large part of the fruit packed is that of the Company, still a substantial portion , at least 11 .5 per cent thereof or 30,800 boxes,13 as shown by operations in the crop year 1938-1939, a typical crop year, is that of other growers . Although the Company speaks of its packing of fruit for other growers as merely "a convenience" to those persons, we are satisfied , and find , that it nevertheless derives and shares a substantial profit therefrom . The packing house itself is a valuable property, worth $118 ,000 and involves annual expenditures of about $124,000 for its operation . As heretofore mentioned , operations in the v Hatter of North lrhittiei Heights Citi as Association and Citrus Packing House We,icrs Union, Local No 41091, 10 N L R B 1269, enf'd Soith Whittici Height, Citrus Association, a corporation v. A' L R B, 109 F (2d) 76 (C C A 9) See also N L R B v Tovrea Packing Company, a corporation, 111 F (2d) 626 (C C A 9). enf'g Hatter of Tovrea Packing Company, a corporation and Amalgamated Heat Cutters and Botcher Workmen of North America, Local No. 313, 12 N. L R B 1001 , Matter or Sicna Marlrc-Lainanda Carus Association, et at and Citrus Paclnut House Workers Union, Local No 2(r.w;. 23 N L R B 143; Hatter of George S Acerlt, et at and Fi esh Fruit C Vegetable Workers Union, Local 18, C 1 0, 13 N I. R B 411 : Natter of Amceican Fruit Growers. Inc, et at and Flint cC Vegetable I11orbers Snb-Local of #191, UCAPA1IA, C I 0, 10 N L R B d1G: Matter of Gioioer-Shipper Vegetable Association of Central California and F;«it and Vegetable 11'orler3' Munn of California, No 18211, 15 N. L. R B 322. 13 See footnote 12, supra 14 See footnote 12, sign a n'this amount would he larger if the amount of fruit owned b} Todd & Todd and packed at the packing house wale included See footnotes 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD packing house are tied in under-contracts with a comprehensive na- tional and international system for marketing citrus fruits. Among other things, grading specifications in the packing house are deter- mined by the Fruit Growers and shipments are made under bills of lading naming it as consignor and consignee. We find that the individuals employed by the Company in its pack- ing house are not employed as agricultural laborers. IV. THE QUESTION CONCERNING REPRESENTATION On April 4, 1940, the Company refused, although requested by the Fruit and Vegetable Workers Union, to bargain collectively with that labor organization as the statutory representative of workers em- ployed by the Company in its packing house, on the ground, among others, that the Company and its' employees were not subject to the Act, and on the further ground that it and another labor organization, Citrus Packing House Loclil-Corona. California, had entered into a collective labor agreement, allegedly still outstanding, governing the working conditions of these employees. Thereafter, that union filed the petition herein claiming to represent these employees for collective bargaining purposes and alleging that a question concerning their representation had arisen. Plainly, the refusal of the Company to bargain collectively gave rise to such a question. As above stated, on May 27, 1940, the Union was chartered as a local of the United comprising as its members, and hence representing for collective bar- gaining purposes, the membership of the United in and about Corona, California, with jurisdiction over the afore-mentioned employees of the Company either affiliated with or applying for membership in the United," whom the Fruit and Vegetable Workers claimed to represent and as to whom the question concerning representation had arisen. While it is not shown whether the Union. upon assuming jurisdiction over'said employees of the Company, and thus representing them for collective bargaining, as set forth in Section VII, in fra, ever requested collective bargaining of the Company, it is evident in view of the main- tained position of the Company concerning the application of the Act to itself and its packing house workers, and the afore-mentioned col- lective labor agreement, and we find, that any such request had it been made would not have been granted .17 The question concerning repre- 16See Section VII, infra 17 We have held under analogous circumstances that the labor organization involved "is entitled to have its status as a statutory bargaining agency clarified and to present that question concerning representation to the Board," Matter of National Mineral Co nparit and Chrome Furniture, Handlers and Miscellaneous Crafts Union, Local No. 658 of the Upholsterers' International Union, affiliated with the American Federation of Labor , cneeescors to Beauticians' Supplies and Cosmetic Workers Union, Local 21107 (A.F ofL), 25N.L R B 3 JAMESON COMPANY 73 sentation of these employees brought about by the Company's position continued to exist, and now exists, irrespective of the change in the structure of the United which resulted in an assignment to the Union of jurisdiction over and representation of the employees involved herein. That question is presented by the petition, as amended, and by the record before us. The above-mentioned agreement constitutes no ground for our not proceeding to an investigation of the question concerning representa- tion and a determination of representatives. The contract contained no provision granting recognition to the contracting union as the statutory representative, but only as the collective bargaining repre- sentative of its members. It was executed in July 1937 almost 3 years prior to the filing of the petition herein, and for an unspecified term The contracting union hats had no communication with the Company since December 1938. We find that a question has arisen concerning the representation of employees of the Company. - V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and between the States and foreign countries, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. VI. THE APPROPRIATE UNIT The petition alleges that "all production employees employed in processing, grading, packing and shipping products of the Company, and maintenance employees wherever located,"' but excluding officials of the company, supervisory employees, employees having the right to hire and/or fire, and clerical employees wherever located," 19 constitute a unit appropriate for the purposes of collective bargaining. At the hearing the Union further defined this unit to include general floor laborers, graders, packers, carloaders, labelers, box makers, refriger- ator men, pressmen, and basement storage employees, and to exclude the superintendent, the foreman, an employee who spends part of his time as timekeeper, and another employee identified as a lemon "']'here is no showing as to what is meant by "wherever located " How ever, no issue was raised concerning the matter, and as stated below the Company has no objection to the unit claimed to be appiopriate i' See footnote 18, sup) a. 74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD washer who exercises supervision over others. The Company does not contend that such a unit would be inappropriate for collective bargaining, and has no objection to such a unit being found to be appropriate. We see no reason for not so finding. Accordingly, we find that all production employees of the Company at Corona, Cali- fornia, employed in processing, grading, packing, and shipping products of the Company, and all maintenance employees of the Company wherever located, including general floor laborers, graders, packers, carloaders, labelers, box makers, refrigerator men, pressmen, and basement-storage employees, but excluding officials of the Com- pany, supervisory employees, employees having the right to hire and/or discharge, and clerical employees wherever located, includ- ing.the superintendent, foreman, timekeeper, and lemon washer, con- stitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. VII. DETERMINATION OF REPRESENTATIVES During the week ending May 25, 1940, the Company employed 70 persons within the unit we have found to be appropriate. It appears from a statement and report made at the hearing by the Trial Examiner that between March 11 and April 18, 1940, a substantial number of these persons executed certain union application cards making appli- cation of the United for membership in the United, and authorizing the United "its local [,] 20 district and national officers and agents" to represent them "in all matters pertaining to wages, hours, and condi- tions of work." We construe these cards as designating the United and also the officers and agents of the local having from time to time juris- diction over the applicant as collective bargaining representative. We already have found that on May 27, 1940, the Union was chartered as a local of the United, comprising in part as its members the membership of the United among the Company's employees and having jurisdiction over the Company's employees. We presume, and find, in view of the provisions of the constitution of the United, that an application for membership in the United is also an application for membership in the appropriate local or locals of the United having jurisdiction over the applicant, in ,this instance, the Union. In view of the foregoing and upon the record we find that a substantial number of the em- ployees of the Company by their applications for membership in the 20 It is apparent that an error was made in transcription of the hearing and that the conjunctive "local district " was not intended, in view of the provisions of the constitu- tion of the United which refer to locals and districts , and not to local districts. JAMESON COMPANY 75 United, and,-therefore, in the Union, as well as by their afore-mentioned authorizations, have designated the Union as their collective bargain- ing representative. However, under all the circumstances, we are of the opinion, and find, that the question which has arisen concerning representation of employees of the Company can best be resolved by holding an election by secret ballot. Accordingly, we shall direct that an election by secret ballot be held among those employees in the appro- priate unit who were employed by the Company during the pay-roll period next preceding the date of the Direction of Election, subject to such limitations and additions as are set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIO\TS OF LAW 1. A question afebting commerce has arisen concerning the repre- sentation of employees of Joy G. Jameson, Miriam W. Jameson, Eloise Jameson, and Adelaide Jameson, copartners doing business un- der the trade name and style of Jameson Company, Corona, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees of the Company at Corona, California, employed in processing, grading, packing, and shipping products of the Company, and all maintenance employees of the Company wher- ever located, including general floor laborers, graders, packers, carload- ers,, labelers, box, makers, refrigerator nien. pressmen, and basement- storage employees, but excluding officials of the Coiiipany, supervisory employees, employees having the right to hire and/or discharge, and clerical employees wherever located, including the superintendent, fore- man, timekeeper, and lemon washer, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9' (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations, Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it-is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Joy G. Jameson, Miriam W. Jameson, Eloise Jameson, and Ade- laide Jameson, copartners doing' business under the trade name and 76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD style of Jameson Company, Corona, 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 of Election, under the direction and supervision of the Regional Director for the Twenty- first Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production employees- of the Company at Corona, California, employed in processing, grading, packing, and shipping products of the Company, and all maintenance employees of the Company wherever located, including -general floor laborers, graders, packers, carloaders, labelers, box makers; refrigerator men, pressmen. and basement, storage employees, employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding all employees who have since quit or been dis- charged for cause, and further excluding officials of-the Company, su- pervisory employees, employees having the right to hire and/or.dis- charge, and clerical employees wherever located, including the super- intendent, foreman, timekeeper, and lemon washer, to determine whether or not they desire to be represented by Corona Citrus Workers Industrial Union, Local #342 of the United Cannery, Agricultural, Packing and Allied Workers of America, C. I. 0., for the purposes of collective bargaining; provided, however, that said labor organiza- tion file with the Regional Director as part of the record herein a state- ment made by it or its agent in that behalf setting out that it assents to the substitution of itself as party petitioner herein, waives any right to notice of or participation in a hearing upon the-petition, and binds itself to the record as made and to the Direction of Election to the same extent as Fruit and Vegetable Packing House Workers Union #78, affiliated with United Cannery, Agricultural, Packing and Allied Workers of America would have been bound as a party petitioner. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Decision and Direction of Election.