Kroells Brothers, Ltd.

In the Matter of KROELLS BROTHERS, LTD. and GREEN FRUIT PACING, CANNING & OLIVE OIL EMPLOYEES UNION, No. 22383 Case No. R-2649.-Decided July 18, 1941 Jurisdiction : orange packing industry Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it is certified by the Board ; election necessary, to be held at the peak of the first packing season. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding supervisory and clerical employees ; no controversy as to. McDaniel d^ Lyon., by Mr. George C. Lyon, of Los Angeles, Calif., for the Company. Mr. 0. L. Farr, of Lindsay, Calif., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 4, 1940, Green Fruit Packing, Canning & Olive Oil Employees Union, No. 22383, herein called the Union, filed with the Regional Director for the Twentieth Region (San Francisco, Cali- fornia) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Kroells Brothers, Ltd., Lindsay, California,, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 2, 1941, the National Labor Rela- tions Board, herein called the Board, acting pursuant to 'Section 9 (c) of the Act and Article III, Section 3, of National. Labor Rela- tions 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 June 6, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on June 16, 1941, at Lindsay, California, before Leroy Marceau, the Trial Examiner duly desig- 33 N. L. R B, No 107 553 554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD , nated by the Chief Trial Examiner. The Company was, represented by counsel, the Union by its representative; both 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 all parties. At the close of the hearing, the Trial Examiner granted a motion of the Union to amend its petition to set forth correctly its title. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admis- sion of evidence. The Board has reviewed all 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 FAOT 1. THE BUSINESS OFD THE COMPANY Kroells Brothers, Ltd., is a limited partnership, with its principal place of business at Lindsay, California, where it is engaged in the packing of oranges. During the spring season of 1940 and the fall season of 1940-1941, the Company shipped oranges valued at $104,717, approximately 90 per cent of which were shipped out of the State of California by California Fruit Growers Association, of which the Company is a member. II. THE ORGANIZATION INVOLVED Green Fruit Packing, Canning & Olive Oil Employees Union, No. 22383, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as exclusive representative of its employees,until such time as it is certified by the Board. A statement of the Trial Examiner read into the record shows that the Union represents a substantial number of employees in the unit alleged by it to be appropriate., We find that a question has arisen concerning the representation of employees of the Company. 3 The Trial Examiner stated that the Union presented 29 membership -application cards bearing the names of persons who appear on the Company 's pay roll of May 24, 1941. There are about 60 employees on the June 2, 1941 , pay roll who are in the alleged appropriate unit. KROELLS BROTHERS, LTD. 555 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 urges that all production and maintenance employees of the Company, excluding supervisory and clerical employees, con- stitute an appropriate bargaining unit. The Company stated that it had no objection to this unit. We find that all production and maintenance employees of the Company, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining and that such 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 concerning representation can best be re- solved by an election by secret ballot. The Company packs fruits during two seasons. The first season commences on or about No- vember 15 and is completed by the latter part of January. The second season begins on or about April 1 and is finished about the end of June. The Union and the Company stated that they desired the election to be held during the peak of ,the first season which would be around December 15, 1941. The Union and the Company also agreed that the pay roll for the period immediately preceding the date of the election should be used to determine eligibility to vote. Under the circumstances, we shall give effect to the desires of the parties and direct that an election shall be held at the peak of the first season in December, the exact date to be determined by the Regional Director, eligible voters to be those on the pay roll for the period immediately preceding the date of the election, subject to such limitations and additions as are set forth in the Direction hereinafter. 556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Kroells Brothers, Ltd., Lindsay, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, ex- cluding supervisory and clerical employees, constitute a unit appropri- ate 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 Re- lations 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 the purposes of collective bargaining with Kroells Brothers, Ltd., Lindsay , California , an election by secret ballot shall be conducted during the first season in December on a date 'to be determined by the Regional Director, under the direction ,and supervision of the Regional Director for the Twentieth . Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9,'of said Rules and Regu- lations, among all production and maintenance employees of the Com- pany who are employed during the pay-roll period immediately preceding the date of the election , including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States or temporarily laid off, but excluding supervisory and clerical employees, and employees who, between the pay-roll date to be determined by the Regional Director and the date of the election , have quit or been dis- charged for cause, to determine whether or not such employees desire to be represented by Green Fruit Packing, Canning & Olive Oil Em- ployees Union, No. 22383, affiliated with the American Federation of Labor, for the purposes of collective bargaining.