Seaboard Lemon Association

In the Matter Of SEABOARD LEMON ASSOCIATION and AGRICULTURAL & CITRUS WORKERS, LOCAL 22342, A. F. L. Case No. R-9194.Decided November 30, 1940 Jurisdiction : citrus fruit packing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union; eligibility of seasonal employees to vote; election necessary. Unit Appropriate for Collective Bargaining : all packing-house employees, ex- cluding supervisory employees who have the right to hire or discharge Farrand d' Tuttle, by.31r. Edward E. Tuttle, of Los Angeles, Calif., for the Company. .Mr. A. H. Petersen, of Los Angeles, Calif., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 16, 1940, Agricultural, & Citrus Workers, Local 22342, A. F. L., herein called the Union, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Seaboard Lemon Associa- tion, Oxnard, California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 11, 1940, 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 investigation and authorized the Regional Director to conduct it, and to provide for an appropriate hearing upon due notice. Oh October 15, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on October 28, 1940, at Los Angeles, California, before W. G. Stuart Sherman, the Trial Examiner duly designated by the Board. The Company was represented by counsel, the Union by a general representative ; 28 N L R. B., No. 46. . 273 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD both participated in the hearing. Full'opportunity to be heard, to examine and cross-examine witnesses, and so introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and 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. On November 12, 1940, the Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Seaboard Lemon Association is a California corporation with its principal office and. place of business at Oxnard, California. It ,is a nonprofit, cooperative agricultural marketing association of ap- proximately 53 lemon producers. The Company is engaged in the picking of its members' lemons, in transporting the lemons to the packing house at Oxnard, and the storing, grading, and packing of said lemons. The employees involved' in this proceeding are those engaged in the storing, grading, and packing of lemons From November 1, 1938, to October 31, 1939, the Company stored, graded, and packed 7,876 tons of lemons, all of which were produced within the State of California. Six thousand, nine hundred and fifty tons of these lemons were loaded on cars by- the Company and delivered to California Fruit Growers' Exchange for shipping and marketing in States other than California. The Company is a member of California Fruit Growers' Exchange. II. THE ORGANIZATION INVOLVED Agricultural & Citrus Workers, Local 22342, is a labor organiza- tion affiliated with the American Federation of Labor. ' It admits to membership all packing-house employees of the Company, ex- cluding supervisory employees who have the right to hire or discharge. III. THE QUESTION CONCERNING REPRESENTATION On September 3, 1940; the Union wrote to the Company, claiming to represent a majority of its employees, and asking for a conference. On September 13, 1940, the Company replied, stating that it would ' The Company contends that these employees , are agricultural workers. We find, no merit in the Company's contention. See North Whittier Heights Citrus Assn v. National Labor Relations Board, 109 F. (2d) 76 (C. C. A. 9 ), cert. denied 319 U. S. 632. SEABOARD LEMON ASSOCIATION 275 meet with the representative of a majority of its employees, and asking for satisfactory evidence of the Union's claim to a majority. A statement of the Regional Director introduced at the hearing shows that the Union represents a substantial number of employees in the unit which it alleges is appropriate .2 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF TIIE 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 tends to lead to labor disputes burdening and. obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union and the, Company agreed at the hearing that all packing-house employees of the Company, excluding supervisory employees who have the right to hire or discharge, constitute an appropriate bargaining unit. We see no reason for departing from such unit. We find that all packing-house employees of the Company, ex- cluding supervisory employees who have the right to hire or dis- charge, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to employees of the Com- pany the full benefit, of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VT. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning. the repre= sentation of employees of the Company can best be resolved by an election by secret ballot. The Company urges that no election be held- until 'i.ts next peak season, namely from March to September 1941. The Union urges that an election be held immediately and that a pay roll of the Company for any period between September 3, 1940, and the date of our Direction of Election be used to de- termine eligibility to vote in the election: The Company's business is seasonal and, although it maintains a force of approximately 50 2 The Regional Director 's statement shows that 42 employees whose names appear on the Company's pay roll have signed application cards in the Union There were approxi- mately 72 employees on the Company 's pay roll for the period ending October 12, 1940. 413597-42-vol 28-19 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees throughout the year, its employment rolls reach a peak of approximately 160 employees in June, July, and August of each year. The president of the Company testified that "most of" the employees return to work for the Company from year to, year. The Company's pay roll for the period ending September 14, 1940, shows that it employed 119 employees at that time. We shall direct that an election be held at this time. We find that those eligible to vote in the election shall be employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, including employees who, although not employed at that time, were in the employ of the .Company during the pay-roll period ending September 14, 1940, but excluding those employees who have since the pay-roll period immediately preceding the date of the Direction of Election quit or ,been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. •A question affecting commerce has arisen concerning the repre- sentation of employees of Seaboard Lemon Association, Oxnard, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All packing-house employees of the Company, excluding super- visory employees who have the right to hire or discharge, 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, and pursuant to Article III, Section 8,' of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRh(= , D that, as part of the investigation authorized by, the Board to' ascertain representatives for the purposes of collective -bargaining with Seaboard Lemon Association,, Oxnard, 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, •uhder 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 packing-house employees of• the Company who were employed during the pay-roll period immediately SEABOARD LEMON ASSOCIATION 277 preceding the date of this Direction, including employees in_ the appropriate unit who, although not employed during this pay-roll period'were in the employ of the Company during the pay-roll period ending September 14, 1940, but excluding supervisory employees who-have the right to hire or discharge and employees who have since the pay-roll period immediately preceding the date of this Direction quit or been discharged for cause, to determine whether or not they desire to be represented by Agricultural & Citrus Workers, Local 22342, affiliated with the American Federation of Labor, for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election. [SAME TITLE ] CERTIFICATION OF REPRESENTATIVES December 31,19/.0 On November 30, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on December 19, 1940, under the direction and supervision of the Regional Director for the Twenty- first Region (Los Angeles, California). On December 20, 1940, the Regional Director, acting 'pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list-------------------------------------- 129 Total ballots cast------------------------------------------- 91 Total ballots challenged------------------------------------- 0 Total blank ballots----------------------------------------- 0 Total void ballots------------------------------------------- 0 Total ballots not counted------------------------------------ 0 Total ballots counted---------------------------------------- 91 Total votes for Agricultural & Citrus Workers, Local 22342, affiliated with the American Federation of Labor---------- 84 Total votes against Agricultural & Citrus Workers, Local 22342, affiliated with the American Federation of Labor----------- ' 7 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations I 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Agricultural & Citrus Workers, Local 22342, affiliated with the American' Federation of Labor, has -been designated and selected by a majority of all packinghouse employees of Seaboard Lemon Association, Oxnard, California, excluding super- visory employees who have the right to hire or discharge, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Agricultural & Citrus Workers, Local 22342, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of em- ployment, and other conditions-of employment: 28 N. L. R. B., No. 46a. l