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. O. Case No. R-1870 ORDER DISMISSING PETITION WITH LEAVE TO-. REINSTATE PROCEEDINGS August 13, 1940 On-July 3, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above- entitled proceedings,' wherein it directed that an election by secret ballot be conducted among employees 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- Company; provided, however, that Corona Citrus Workers Industrial Union, Local #342 of the United Cannery, Agricultural, Packing and Allied Workers of Amer- ica, C. I. 0., the petitioning and sole labor organization interested in such election, herein called the Union, file herein a certain statement in substance and in effect as in said Direction set forth. On July 15 the Union filed such a statement, a copy of which was duly served upon the Company. On July 25 the Union lodged with the Board its written application for an amendment by the Board of the Decision and Direction of Election, to the effect that the election therein directed be postponed until some time between January 1 and March 31, 1941. The Union states in support of its application that less than one-half of the per- sons usually employed by the respondent are presently working. In the Decision we pointed out that employment with the Company was seasonal, dependent upon the maturity of the various fruits and grove conditions. We construe the application for a postponement, in the light of the representations therein made, as a request by the Union that in any event no election be held herein prior to January 1, 1941. In view of the uncertainty of the Union's status as collective bargaining agency of employees of the Company on and after January 1, 1941, we shall '25N.L R B 64 26 N. L. R. B., No. 57. 550 JAMESON COMPANY 551 dismiss the petition for investigation and certification. However, the Union may, if it so desires, reinstate the proceedings herein upon the terms and under the conditions set forth in the Order. For purposes solely of such reinstatement, jurisdiction over these proceedings herein is reserved. By virtue of Section 9 (c) 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, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees 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, filed herein by Corona Citrus Workers Industrial Union, Local #342 of the United Cannery, Agricultural, Packing and Allied Workers of America, •C. I: O:, and'the proceedings herein, be, and the same hereby are, dismissed; provided, that leave be, and the same hereby is, granted to the said Corona Citrus Workers, Industrial Union, Local #342 of the United Cannery, -Agricultural, Packing and Allied Workers of America, C. I. 0., upon a showing made to the Regional Director or the Board 'of, substantial representation by itself for the purposes of collective bargaining among employees in the collective bargaining unit heretofore found in- these proceedings to be appropriate, to file with the National Labor Rela- tions Board in Washington, D. C., an application in writing requesting that the proceedings herein, including said petition for investigation and certification, be reinstated nunc pro tunc as of July 3, 1940, that an election by secret ballot be held among all employees within said unit to determine whether or not said Union is the statutory represent- ative of said employees, and that further action consistent therewith and upon the petition and record be had, provided further said applica- tion be filed not later than March 31, 1941. MR. WM. M. LEISERSON, dissenting: I am of the opinion that the petition should be dismissed, without prejudice to the right of the petitioning union to file another petition.