Italian Food Products Co., Inc.

In the Matter Of ITALIAN FOOD PRODUCTS COMPANY, INC. and NEW- PORT BEACH .CANNERY WORKERS, LOCAL 9, INTERNATIONAL FISHER- MEN AND ALLIED WORKERS OF ' AMERICA, AFFILIATED WITH THE C.I.O. Case No. R-P263.Decided January 31, 1941 Jurisdiction : food canning industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. Unit - Appropriate for Collective Bargaining : production employees, excluding supervisory employees with the authority to hire and discharge; agreement as to. Mr. Arch E. Ekdale, of San Pedro, Calif., and Miss J. Owen, of Long Beach, Calif., for the Company. . Gallagher, Wirin Q Johnson, by Mr. William Samuels, of Los Angeles, Calif., Mr. Jeff Kibre, of San Pedro, Calif., and Mr. Harold K. Reichner and Mr. John F. Walther, of Newport Beach, Calif., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 10, 1940, Newport Beach Cannery Workers, Local 9, International Fishermen and Allied Workers -of America, affiliated with the C. I. 0.,1 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 Italian Food Products Company, Inc.,,Newport Beach, California , herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 8 , 1941, the 1 Incorrectly designated in the formal papers as Newport Beach Cannery Workers, Local No. 9, C. I. O. This was corrected by stipulation at the hearing. 29 N. L. R. B., No. 55. , 284 ITALIAN FOOD PRODUCTS 285 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. On January 10, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Union; and Fish Cannery Workers Union of the Pacific, A. F. L. Pursuant to notice, a hearing was held on January 17, 1941, at New- port Beach, California, before W. G. Stuart Sherman, the Trial Examiner duly designated by the Board. The Company and the Union were represented by counsel and participated in the hearing. Fish Cannery Workers Union of the Pacific, A. F. L., did not ap- pear at the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, -and to 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 on objec- tions to the admission of evidence. The Board has reviewed the rut= ings 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 Italian Food Products Company, Inc., is a California corporation with its principal office at Long Beach, California. The Company maintains and operates a plant in Newport Beach, California, with which we are here concerned, where it is engaged in the preparation, processing, and canning of various types of food. From December 1, 1939, to December 1, 1940, the Company purchased, and canned food valued in excess of $500,000. The Company purchased most of the commodities canned by it in the State of California and shipped over 75 per cent of its canned products to points outside the State of California. The Company admits that it is engaged in interstate commerce within the meaning of the Act. IT. THE ORGANIZATION INVOLVED Newport Beach Cannery Workers, Local 9, International Fisher- men and Allied Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to mem- bership all production employees at the Newport Beach plant of the 286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company, excluding supervisory employees with the authority to hire and discharge. III. THE QUESTION CONCERNING REPRESENTATION The Union, claiming to represent a majority of the employees at the Newport Beach plant of the Company, requested the Company to bargain with it as exclusive representative of the employees. The Company refused to bargain with the Union until it had been certified by the Board. A statement of the Regional Director intro- duced in evidence at the hearing shows that the Union represents a substantial number of employees in the alleged appropriate unit? We find that a question has arisen concerning the representation of employees of the Company. IV. 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 tends to lead to labor disputes burdening and' obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union and the Company agreed at the hearing that the appro- priate unit should consist of all production employees at the New- port Beach plant of the Company, excluding supervisory employees with the authority to hire and discharge. We see no reason for de- parting from the desires of the parties. We find that all production employees at the Newport Beach plant of the Company, excluding employees with the authority to hire and discharge, constitute a unit appropriate for the purposes of collec- tive 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. - VI. 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 2 The Regional Director's statement shows that 23 employees whose names appear on the Company's pay roll of December 10, 1940, have signed authorization cards in the Unton, There are approximately 75 employees in the alleged appropriate unit ITALIAN FOOD PRODUCTS 287 election by secret ballot. We find that the employees of the Com- pany eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period im- mediately preceding the date of the Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those employees who have since quit or been discharged for cause. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following: CONCLUSIONS or LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees at the Newport Beach plant of Italian Food Products Company, Inc., Newport Beach, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees at the Newport Beach plant of the Company, excluding employees with the authority to hire and dis- charge, constitute a unit appropriate for the purpose 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section-S, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby ' DIRrC'rrD that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bairgaining with Italian Food Products Company, Inc., Newport Beach, Cali- fornia, 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, under the direction and supervision of the Regional Di- rector 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 em- ployees at the Newport Beach plant of the Company who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees 288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who were then or have since been temporarily laid off, but excluding employees who have the authority to-hire and discharge and employ- ees who have ' since quit or been discharged for cause, to determine whether or not they desire to be represented by. Newport Beach Can- nery Workers, Local'9, International 'Fishermen and Allied Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. [SAME TITLE] SUPPLEMENTAL DECISION AND ORDER February 27, 1941 On January 31, 1941, 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 February 10, 1941, under the direction and supervision of the Regional Director for the Twenty- first Region (Los Angeles, California ). On February 10, 1941, 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., As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list--------------------------------------- 53 Total ballots cast-------------------------------------------- 39 Total ballots challenged-------------------------------------- 1 Total blank ballots -------------------------------------_----- Total void ballots ------------------------- ------------------- 0 Total ballots not counted------------------------------------- 1 Total ballots counted----------------------------------------- 38 Total votes for Newport Beach Cannery Workers, Local 9, Inter- national Fishermen and Allied workers' of America, affiliated with the C. I 0------------------------------ ---- 8 Total votes against Newport Beach Cannery Workers, Local 9, International Fishermen and Allied Workers of America, affili- ated with the C. I. 0--------------------------------------- 30 On February 15, 1941, Newport Beach Cannery Workers, Local 9, International Fishermen and Allied Workers of America, '.affiliated with the C. I. 0., herein called the Union, filed with the Regional Director a protest to the election. On February 17, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor ITALIAN FOOD PRODUCTS 289 Relations Board Rules and Regulations-Series 2, as amended, issued a Report on Objections, finding that the protest of the Union raised no substantial or material issues. We have considered the protest of the Union and the Regional Director's Report thereon. We are of the opinion that the protest raises no substantial or material issues with respect to the conduct of the election. The protest is hereby overruled. The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees. The peti- tion for investigation and certification of representatives of employees of Italian Food Products Company, Inc., Newport Beach, California, will therefore be dismissed. ORDER 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. IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Italian Food Products Com- pany, Inc., Newport Beach, California, filed by Newport Beach Can- nery Workers, Local 9,, International Fishermen and Allied Workers' of America, affiliated with the C. I. 0., be, and it hereby is, dismissed. 29 N L R. B., No 55a.