A.L. Bazzini Co., Inc.

In the Matter of A. L. BAZZINI Co., INC. and OLIVE & DRIED FRUIT PACKERS UNION #21369, AFFILIATED WITH THE AMERICAN FEDERATION .OF ,LABOR Case No. R-2181.-Decided December 16,1940 Jurisdiction : nut and dried fruit purchasing, selling, and distributing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : all production employees, including working foremen, but excluding office, clerical, and sales employees and executives. Kommel cf' Zucker, by Mr. Louis M. Rommel, of New York City, for the Company. Mr. John L. Makowski, of Long Island City, N. Y., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 29, 1940, Olive & Dried Fruit Packers Union #21369, herein called the Union, filed with the Regional Director for the Sec- ond Region (New York City) a petition and on December 4, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of A. L. Bazzini Co., Inc.,l New York City, 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 November 22, 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 investiga- tion and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On November 25, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the 'The name of the Company appears erioneously as A. L. Bazzini Company on the petition and other formal papers The correct name was given at the hearing. 28 N. L. R B., No. 86. 586 A.-L. BOZZINI CO., INC. 587 Union. Pursuant to the notice, a hearing was held on December 5, 1940, at New York City, before Mark Lauter, the Trial Examiner duly designated by the Board. Both parties were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear-' ing on the issues was afforded both parties. During the course of the hearing the Trial Examiner made several rulings upon 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY A. L. Bazzini Co., Inc., a New York corporation, has its principal office and place of business in Ne«- York City. where it is engaged in the purchase, sale, and distribution, of peanuts, nuts, dried fruits, and related products. During the period from Janu^dry 1 to September 30, 1940, the Company purchased for its plant raw materials exceeding $100,000 in value, not less than 50 per cent of which were shipped to the plant from points outside the State of New York. During the same period the Company's sales and shipments from its plant ex- ceeded $100,000 in value, not less than 20 per cent of which were ship- ped to States other than New York. II. THE ORGANIZATION INVOLVED Olive & Dried Fruit Packers Union #21369 is a labor organization. It is a federal labor union chartered by the American Federation of Labor. It admits to membership production employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union requested the Company to bargain collectively on behalf of its employees. The Company refused to bargain with the Union because it did not know whether the Union represented a majority of such employees. A statement prepared by the Regional Director and introduced into evidence discloses that the Union has been designated by a substantial number of employees in the appropriate unit.' 2 The Union presented to the Regional Director 12 applications for membership in the American Federation of Labor, which are dated between September 3 and October 18, 1940 and appear to bear genuine signatures of the Company 's employees The American Federation of'Labor has conferred upon the Union jurisdiction over-these employees. The number of employees in the appropriate unif at the time of the hearing was 18. 11 588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON i 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 rela- tion to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agree, and we find, that all production employees of the Company, including working foremen, but excluding office, clerical, and sales employees and executives, constitute a unit appropriate for the purposes of collective bargaining. We find that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and other- wise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation of employees of the Company can best be , resolved by, and we shall accordingly direct, an election by secret ballot. Those eligible to vote in the elec- tion 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 did not work during the pay-roll period because they were ill or on vacation , but excluding employees who have since quit or been discharged for cause. On 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 A. L. Bazzini Co.. Inc., New York City, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production employees of A. L. Bazzini Co., Inc., New York City, including working foremen, but excluding office, clerical, and sales employees and executives, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. A. L. BOZZINI CO., INC. DIRECTION OF ELECTION 589 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with A. L. Bazzini Co., Inc., New York City , 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 super- vision of the Regional Director for the Second 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 pro- duction employees, including working foramen , who were employed by A. L. Bazzini Co., Inc., New York City , during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during that pay-roll period because they were ill or on vacation and employees who were 'then or have since been temporarily laid off, but excluding office, clerical , and sales employees, executives , and employees who have since quit or been discharged for cause, to determine whether or not said employees desire to be repre- sented by Olive & Dried Fruit Packers Union #21369 for the purposes of collective bargaining. , CHAIRMAN HARRY A. MiLLrs took no part in the consideration of the above Decision and Direction of Election.