Laupahoehoe Sugar Co.Download PDFNational Labor Relations Board - Board DecisionsDec 7, 194880 N.L.R.B. 1102 (N.L.R.B. 1948) Copy Citation r In the Matter of LAUPAHOEHOE SUGAR COMPANY , EMPLOYER and UNION OF HAWAIIAN WORKERS, LOCAL 24405 ( AFL), PETYTIONER Case No. 37-RC-14.-Decided December 7, 1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner is a labor organization, affiliated with the Ameri- can Federation of Labor, claiming to represent employees of the Employer. International Longshoremen's and Warehousemen's Union, Local 143, Unit 5 (CIO), herein called the Intervenor, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, claim- ing to represent employees of the Employer. Although the Inter- venor is not in compliance with Section 9 (f), (g), and (h) of the amended Act, the hearing officer granted its motion to intervene on the basis of its contractual relationship with the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.' 'Chairman Herzog and Members Houston and Murdock. ' At the hearing, the Intervenor contended that this proceeding should be dismissed because (a) the Intervenor's contract with the Employer operated as a bar, and (b) the Petitioner had not made a proper showing of interest. The Petitioner's claim for recog- nition was made on July 22, 1948, and its petition was filed on the following day. The contract between the Intervenor and the Employer had expired and a new one was not executed until September 8, 1948. The petition was therefore timely filed, and the contract cannot constitute a bar As to the adequacy of the Petitioner's showing, it is well settled that this is an administrative matter not subject to collateral attack by the parties to the proceeding. 80 N. L. R. B., No. 170. 1102 LAUPAHOEHOE SUGAR COMPANY 1103 4. The following employees of the Employer constitute a• unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : All production and maintenance employees, including: (a) all em- ployees engaged in transportation, including portable flume and porta- ble track men, flume watchmen, cane and other truck drivers and their helpers, railroad employees, sled drivers, and cane unloaders and loaders at the transfer points; (b) all employees engaged in and about the processing mill and mill yard, including such operations as scaling, loading, unloading, washing, handling, cleaning, grinding, heating, liming, clarification, filtration, evaporation graining, drying, bagging, sewing, shipping, warehousing and delivery, molasses han- dling, and chemical control, and including all employees engaged in steam and power production, yardmen, boiling house oilers, utility men, and flume switchmen; (c) all employees engaged in repair, mainte- nance and new construction, including machinists, mechanics, welders, bricklayers, masons, carpenters of all kinds, blacksmiths, shoeing blacksmiths, tinsmiths, oilers, electricians, sweepers, utility men, painters, plumbers, service station attendant, battery men, tire men, field lubricators, sawmill attendants, railroad section gangs, road maintenance cantoneers, road construction gangs, quarry gangs, power shovel operators, and scraper operators ; (d) field scalers, plant cleri- cal employees, warehouse employees, pump tenders, and hydroelectric plant employees; but excluding all agricultural employees engaged in the preparation of the land for planting, cultivating, fertilizing, irri- gating, harvesting (including the loading by hand or by crane of the cut cane onto the initial means of transporting the cane from the fields), and the care of animals, garage bookkeeper, executives, general office clerical employees, accounting department employees, personnel department employees, medical department employees, timekeepers, surveyors, engineers, employees engaged in research work, and drafts- men, guards , professional employees, and supervisors as defined in the amended Act. DIRECTION OF ELECTION 2 As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Twenty-first Region, and sub- ject to Sections 203.61 and 203.62 of National Labor Relations Board ' As the Intervenor is not in compliance with Section 9 ( f), (g), and (h) of the amended Act, its name will not be placed on the ballot. 1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election , including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off , but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election , and also excluding employees on strike who are not entitled to reinstatement , to determine whether or not they desire to be represented , for the purposes of collective bargaining , by Union of Hawaiian Workers, Local 24405 (AFL). 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