Lindsay Cooperative Citrus Association

National Labor Relations Board - Board Decisions

Jul 18, 1941

33 N.L.R.B. 549 (N.L.R.B. 1941)

In the Matter Of LINDSAY COOPERATIVE CITRUS - ASSOCIATION and
GREEN FRUIT PACKING, CANNING & OLIVE OIL EMPLOYEES UNION
No. 22383
Case No. R-2648.-Decided July 18, 1941
Jurisdiction : orange packing industry.
Investigation and Certification of Representatives : existence of question : i e-
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 & Lyon, by Mr. George C. Lyon, of Los Angeles, Calif.,
and Mr. E. T. Gable, of Lindsay, Calif., for the Company.
Mr. O. 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 April 11, 1941, 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) an amended petition alleging that a-question affecting com-
merce had arisen concerning the representation of employees of
Lindsay Cooperative Citrus Association, 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 May 29,
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 June 5, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Union,
and Fruit & Vegetable Workers Union, Lindsay Division, Local
33 N. L. R. B., No. 106.
549
550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
No. 78. Pursuant to notice, a hearing was held on June 13 and
16, 1941, at Lindsay, California, before Leroy Marceau , the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany was represented by counsel, the Union by its representative;
both participated in the hearing. Fruit & Vegetable Workers Union,
Lindsay Division, Local No. 78, did not appear 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. At the close of the hearing, the Trial Examiner granted
a motion of the Union to amend its petition to correctly set forth
the unit. - 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 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 FACT
I. THE BUSINESS OF THE COMPANY
Lindsay Cooperative Citrus Association is a non-profit cooperative
association organized and existing under-the laws of the State of Cali-
fornia. The Company is engaged in the packing of oranges at Lind-
say, California. During its fiscal year ending September 30, 1940, the
Company bought raw, materials valued at about $31,710, all of which
were purchased by it within the State of California. During this
same period, the Company crated and packed 130,607 boxes of
oranges, all of which were produced within the State of California.
Over 90 percent of these oranges were shipped out of the State of
California by California Fruit Growers Association, of which the
Company is a member.
H. THE ORGANIZATION INVOLVED
Green Fruit Packing, Canning & Olive Oil Employees Union, No.
22383, is a labor organization affiliated with the American Federa-
tion 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
IIIN'DSAY COOPERATIVE CITRUS ASSOCIATION 551
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.
IV. TIDE 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 com-
merce 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
resolved 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
The Trial Examiner stated that the Union presented 18 membership-application cards
bearing the names of persons who appeared on the Company's pay roll of June 2, 1941.
There are 54 employees on the June 2, 1941, pay roll who are in the alleged appropriate
unit.
552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
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.
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 rep-
resent ation of employees of Lindsay Cooperative Citrus Association,
Lindsay, California, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance ' employees of the Company,
excluding supervisory and clerical employees, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing 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, and pursuant to Article III, Section 8, of National Labor Re-
lations 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 Lindsay Cooperative Citrus Association, 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 Regulations, among all production and maintenance em-
ployees of the Company 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 discharged for cause, to determine whether or not
such employees desire to be represented by Green Fruit Packing,
Canning & Olive Oil Employees Union, No. 22383, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining.