The Woodbridge Vineyard Association

In the Matter of THE WOODBRIDGE VINEYARD ASSOCIATION and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 33, A. F. OF L. Case No. R-3273.-Decided December 10, 1941 Jurisdiction : Nvine distilling industry. Investigation and Certification of Representatives : existence of question : re- fusal of Company to accord union recognition until certified by the Board; normal pay roll of closing operating season to determine eligibility ; election necessary. -Unit Appropriate for Collective Bargaining : all production and, maintenance employees of the Company excluding supervisory employees, clerical em- ployees, stationary engineers, wine makers, chemists, cellar foremen, and watchmen. Rogers & Clark, by Mr. Webster V. Clark, of San Francisco, Calif., for the Company. Mr. Harry Foster, of Sacramento, Calif., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION - AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 11, 1941, International Association of Machinists, Local No. 33, A. F. of L., 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 The Woodbridge Vineyard Association, Bradford Spur, California, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 7, 1941, 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. On-November 8, 1941, the Regional Director issued a 37 N L R. B, No 73 454 N WOODBRIDGE VINEYARD ASSOCIATION 455 notice of hearing, copies of which were duly served upon the Com- pany and the Union. Pursuant to notice, a hearing was held on November 10, 1941, at San Francisco, California, before Leroy Mar- ceau, the Trial Examiner duly designated by the Chief Trial Ex- aminer. The Company was represented by counsel, the Union by a representative, and both participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine -witnesses, and to introduce evidence bearing on the issues was afforded both parties. During the course of the hearing the Trial Examiner made several rulings on motions and on 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 I. THE BUSINESS OF, THE COMPANY The Woodbridge Vineyard Association is a cooperative association of 41 grape growers. It operates a winery for its members at Brad- ford Spur, California. The Company crushes grapes delivered at the winery by its members and makes an unfinished wine. The Company is a member of Fruit Industries, Ltd., a cooperative association of wineries. Fruit Industries, Ltd., mingles, blends, and finishes wine delivered to it by its member wineries. Fruit Industries, Ltd.,: sells and ships about 85 percent of such wine to customers outside California. , During the fiscal year ending June 30, 1941, the Company crushed 16,291 tons of grapes, all grown and delivered to it by its grower mem- bers. During the same period the Company received $294,630 20 for its pro-rata share of the sales of all wines and brandies processed and sold by Fruit Industries, Ltd. The Company admits that it is engaged in commerce within the meaning of the Act. IT. THE ORGANIZATION INVOLVED International Association of Machinists, Local No. 33, is a labor organization affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union requested 'the Company to recognize the Union as bar- gaining agent of its employees . , The Company refused to grant such recognition until the ,Union was certified by,the Board. The Union thereupon filed the petition in this proceeding.. 456 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD A statement of the Trial Examiner read into the record indicates that the Union represents a substantial number of employees in the appropriate unit.,, We find that a question his 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 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 that all production and main- tenance employees of the Company, excluding supervisory employees, clerical employees, stationary engineers, wine makers, chemists, cellar foremen, and watchmen, should be included in the appropriate unit.2 The Company and the. Union disagree with respect to the classification of Carl J. Backer., The Union would include, and the Company would exclude, Backer. The Company has one operating season-the grape-crushing sea-, son-which extends from 2 to 3 ,months each year, depending on the abundance of the grape crop. During the season it employs ap- proximately 46 persons. During the remainder of the year 'the Company prepares for its seasonal activity. During this period the Company employs from 9 to 12 persons. Backer is a journeyman machinist. Since 1939 he has served as superintendent of the Company, 'directly under the manager. For about 9 months of the year Backer works as a mechanic, either by himself or with a helper whom he supervises, repairing mach- inery for use in the crushing season. During the crushing season Backer supervises a staff of about 30 men who handle the grapes and operate and repair the production machinery. He hires and dis- charges 'such employees and assigns them to work. During this period about 75 percent of his time is devoted to his supervisory, duties. Such duties extend, in part, one month before the crushing t The Union submitted to the Trial Examiner 20 applications for membership, all dated in 1941 The Trial Examiner checked the cards and found that all cards bore names of employees on the September 30, 1941, pay roll There are about 30 employees in the appropriate unit 2 The employees falling within the proposed unit are for the most part seasonal em- ployees. The Company rehires the same seasonal employees each year if available. WOODBRIDGE VINEYARD ASSOCIATION 457 season begins and about 3 weeks thereafter, while the production machines are, respectively, prepared for and cleaned after the wine making. Since he hires, supervises, and discharges the production and maintenance employees who the parties agree should be included in the bargaining unit, we shall exclude Backer from the unit. We find that all production and maintenance employees of the 'Company, excluding supervisory employees and Carl J. Backer, clerical employees, stationary engineers, wine makers, chemists, cellar foremen, and watchmen, constitute a unit appropriate for the pur- poses 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 will effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company 'and the Union stipulated that the Board might certify the Union as exclusive bargaining representative of em- ployees in the appropriate unit, if the Trial Examiner's check of the Union's cards against the pay roll of September 30, 1941, in- dicated that a majority of employees within the unit designated the Union as their bargaining agent. On the basis of the whole record, however, we find that the question concerning representation can best be resolved by, and we shall accordingly direct, an election by secret ballot. Since the names of most seasonal employees would not appear upon a current pay roll, eligibility to vote in the election will be determined by the pay roll of September 30, 1941, which was introduced into evidence at the hearing. Those eligible to vote in the election shall be employees in the .appropriate unit who were employed during the pay-roll period ending September 30, 1941, subject to the limitations and additions set forth in the Direction of Election. 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- usentation of employees of The Woodbridge Vineyard Association, Bradford Spur, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of The Woodbridge Vineyard Association, Bradford Spur, California, excluding super- visory employees and Carl J. Backer, clerical employees, stationary engineers, wine makers, chemists, cellar foremen, and watchmen, con- 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the 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 Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Boarcl to ascertain representatives for the purposes of collective bargaining with The Woodbridge Vineyard Association, Bradford Spur, Cali- fornia, an election by secret ballot shall be conducted as early as possi- ble, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Di- rector for the Twentieth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sec- tion 9, of said Rules and Regulations, among all production and main- tenance employees of the Company who were employed during the pay-roll period ending September 30, 1941, 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 employees and Carl J. Backer, clerical employees , stationary engineers, wine makers, chemists, cellar foremen, watclunen , and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Association of Machin- ists, Local No. 33 , A. F. of L., for the purposes of collective bargaining. N