Allen and Sandilands Packing Co.

National Labor Relations Board - Board Decisions

Mar 1, 1945

60 N.L.R.B. 1007 (N.L.R.B. 1945)

In the Matter of ED ALLEN AND DON SANDILANDS , COPARTNERSHIP,
D/B/A ALLEN AND SANDILANDS PACKING COMPANY D. A. BEATTIE
ASSOCIATION; COOP . CITRUS ASSOCIATION ; W. TODD DOFFLEMYER, AN
INDIVIDUAL; ELDERWOOD CITRUS ASSOCIATION; EXETER CITRUS ASSO-
CIATION; EXETER ORANGE GROWERS ASSOCIATION; GRAND VIEW
HEIGHTS CITRUS ASSOCIATION; H. C. HARDING AND GEORGE T. LEG-
GETT, D/B/A HARDING AND LEGGETT; HILLSIDE PACKING COMPANY;
IVANHOE MUTUAL ORANGE ASSOCIATION ; M. N. JENSEN , AN INDIVID-
UAL ; KLINK CITRUS ASSOCIATION ; E. E. KROELLS AND C . J. KROELLS,
LIMITED PARTNERSHIP , D/B/A KROELLS BROS. LIMITED PACKING COM-
PANY; LEMON COVE ASSOCIATION; LINDSAY CITRUS GROWERS ASSO-
CIATION; LINDSAY Coop . CITRUS ASSOCIATION; LINDSAY DISTRICT
ORANGE COMPANY; LINDSAY FRUIT ASSOCIATION; LINDSAY MUTUAL
GROVE; EDITH CAIRNS RUSSELL, LAURA CAIRNS, AND ETHEL CAIRNS
ROWE, COPARTNERSHIP , D/B/A LINDSAY ORANGE GROWERS ASSOCIA-
TION; MAGNOLIA CITRUS ASSOCIATION; NARANJO PACKING HOUSE
COMPANY ORANGE COVE CITRUS ASSOCIATION; R. J. SINGLETERRY
AND H . J. FERRY, COPARTNERSHIP , D/B/A ORANGE PACKING COMPANY;
OROSI FOOTHILL CITRUS ASSOCIATION ; PALOMA CITRUS FRUIT Asso-
CIATION ; PLANO PACKING HOUSE COMPANY; ESTATE OF J. E. POGUE,
DELLA POGUE, EXECUTRIX; ROCKY HILL CITRUS ASSOCIATION; SAN-
GER CITRUS ASSOCIATION; SEQUOIA CITRUS ASSOCIATION; STRATIIMORE
Coop . ASSOCIATION; STRATHMORE DISTRICT ORANGE ASSOCIATION;
STRATHMORE FRUIT GROWERS ASSOCIATION; STRATLHMORE PACKING
HOUSE COMPANY; SUNLAND PACKING HOUSE; TERRA BELLA CITRUS
ASSOCIATION; TULARE COUNTY LEMON AND GRAPEFRUIT ASSOCIA-
TION; TULE RIVER CITRUS ASSOCIATION; RUTH J. ZIMMERMAN AND
W.- ' B. MERCHANT , COPARTNERS , D/B/A WOODLAKE PACKING COM-
PANY; WEBB PACKING COMPANY; AMERICAN FRUIT GROWERS, INC.;
AMERICAN FRUIT GROWERS, INC. ; RANDOLPH MARKETING COMPANY;
B. G. ROOKE PACKING COMPANY; STARK PACKING CORPORATION;
WADDELL & SON and FooD, TOBACCO , AGRICULTURAL AND ALLIED
WORKERS UNION OF AMERICA.1
1 By order dated February 5, 1945, the Board granted the Union's motion to substitute
in the above -entitled proceeding its newly adopted name "Food, Tobacco, Agricultural
and Allied Workers Union of America " in place of its former name "United Cannery,
Agricultural, Packing,& Allied Workers of America."
60 N. L. R. B., No. 172.
1007
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cases Nos. 20-R-1177, 20-11-1179, 20-11-1181, 20-11-1182, 20-R-1185,
20-R-1187, 20-11-1188, 20-11-1193 to 20-11-1197, inclusive; 1?0-8-
1200 to 20-R-1209, inclusive; 20-11-12,12, 20-11-1214, 20-8-
1215, 20-11-1217, 20-R-1219 to 20-11-1224, inclusive; 20-11-12201 to
20-R-1235, inclusive; 20-11-1237, 20-11-1238, 1?0-R-1240, 20-8-
1241, 20-R-1257, and 20-R-1258
SUPPLEMENTAL DECISION AND DIRECTION
ORDER
AND
CERTIFICATION OF REPRESENTATIVES
March 1, 19/5
On January 4 and 5, 1945, pursuant to a Decision and Direction of
Elections issued by the Board on December 5, 1944,2 and an Amended
Direction of Elections issued on January 4, 1945, separate elections by
secret ballot were conducted under the direction and supervision of
the Regional Director for the Twentieth Region (San Francisco,
-California). Upon the conclusion of the elections, Tallies of Ballots
were furnished the parties in accordance with the Rules and Regula-
tions of the Board.
In Case No. 2-R-1229, the Tally, as revised in the Regional Direc-
,tor's Report on Challenged Ballots and Objections to Elections, shows :
Approximate number of eligible voters------------------------ 63
Valid votes counted------------------------------------------ 43
Votes cast for Food, Tobacco, Agricultural and Allied Workers
Union of America, herein called the Union-------------------- 23
Votes cast against participating Union----------------------- 20
Challenged ballots-------------------------------------------- '4
-1 The original Tally omitted the four challenged ballots.
On January 10, 1945, all the Companies, except B. G. Rooke Pack-
ing Company, filed "Objections and Exceptions to Conduct of Elec-
tions and Conduct Affecting the Results of the Elections and Objec-
tions and Exceptions to Certification by the Board." On January 12,
1945, the Union filed its "Reply to Objections" in answer thereto. Act-
ing pursuant to Article III, Section 10, of National Labor Relations
-Board Rules and Regulations-Series 3, as amended, the Regional Di-
rector investigated the validity of the four-challenged ballots in Case
No. 20-R-1229, since they affected the results of that election, and the
Companies' objections. On February 6, 1945, the Regional Director
issued and duly served upon the parties a Report on Challenged Bal-
lots and Objections to Elections in which he recommended that 'the
challenges to the four ballots in Case No. 2-R-1229 be overruled and
2 59 N. L. R. B 724.
ALLEN AND SANDILANDS PACKING COMPANY 1009
the ballots be opened and counted, and further recommended that the
Companies' objections be overruled. No exceptions to this Report
were filed within the time provided therefor.
The report indicates that O. A. Rooker voted at the Magnolia Citrus
Association election, W. J. Wilson and Gladys Wilson voted at the
Strathmore Fruit Growers Association election, and Earl Daniel
voted at the Waddell & Son election, and that their ballots were chal-
lenged for the reason that their names did not appear on the eligibility
lists of the respective Companies. All four persons were employed
at Strathmore Packing House Company during the pay-roll period
ending December 9, 1944, and were otherwise qualified to participate
in the election conducted among the employees -of that Company un-
der the Board's Decision and Direction of Elections herein. Accord-
ingly, we concur in the Regional Director's recommendation and shall
overrule the challenges to these ballots. We shall direct that said
challenged ballots be opened and counted as part of the total ballots
cast at the Strathmore Packing House Company election.
With respect to the Companies' objections to conduct of the elec-
tions and conduct affecting the results of the elections, the Regional
Director, in his Report, concluded that the objections did not raise sub-
stantial or material issues and recommended that they be overruled.
As noted above, no exceptions were filed to the Regional Director's
Report. We hereby overrule the Companies' objections.
Except for the election in Case No. 20-R-12,2D, discussed above, the
Tallies of Ballots indicate that the results in the separate elections
were conclusive, the challenged ballots, if any, being insufficient in
number to affect the results.
In Case No. 20-R-1177, of the approximately 54 eligible voters, 41
cast valid votes, of which 12 were for the Union, and 29 against.
In Case No. .0-R-1179, of the approximately 27 eligible voters, 18
cast valid votes, of which 2 were for the Union, 16 against, and 1 was
challenged.
In Case No. 20-R-1181, of the approximately 46 eligible voters, 29
cast valid votes, of which 1 was for the Union, and 28 against.
In Case No. 00-R-118, of the approximately 21 eligible voters, 18
cast valid votes, of which 5 were for the Union, and 13 against.
In Case No. 20-R-1185, of the approximately 55 eligible voters, 46
cast valid votes, of which 22 were for the Union, 24 against, and 1 was
challenged.
In Case No. 2O-R-1187, of the approximately 93 eligible voters, 68
cast valid votes, of which 15 were for the Union, 53 against, and 1 was
challenged.
In Case No. 20-R-1188, of the approximately 33 eligible voters, -27
ca st valid votes, of which 4 were for the Union, and 23 against.
628563-45-vol. 60-65
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In Case No. 20-R-1193, of the approximately 53 eligible voters, 41
cast valid votes, of which 29 were for the Union , 12 against , and 2 were
challenged.
In Case No. 00-B-1194, of the approximately 45 eligible voters, 36
cast valid votes, of which 11 were for the Union, and 25 against.
In Case No. 20-R-1195, of the approximately 61 eligible voters, 41
cast valid votes, of which 3 were for the Union, 38 against, and 11 were
challenged.
In Case No. 20-R-1196 , of the approximately 42 eligible voters, 35
cast valid votes , of which 10 were for the Union, 25 against , and 2 were
challenged.
In Case No. 20-R-1197, of the approximately 62 eligible voters, 44
cast valid votes, of which 11 were for the Union, and 33 against.
In Case No. 20-R-1200, of the approximately 165 eligible voters, 133
cast valid votes, of which 31 were for the Union , and 102 against.
In Case No . 20-R-1201, of the approximately 61 eligible voters, 51
cast valid votes, of which 3 were for the Union , 48 against , and 3 were
challenged.
In Case No. 20-R-1202 ( Lemon House ), of the approximately 47
eligible voters, 44 cast valid votes, of which 20 were for the Union,
and 24 against.
In Case No. 20-R-1202 (Orange House ), of the approximately 74
eligible voters , 68 cast valid votes , of which 27 were for the Union
and 41 against.
In Case No. 20-R-1203, of the approximately 77 eligible voters, 69
cast valid votes, of which 17 were for the Union , 52 against , and 3 were
challenged.
In Case No. 20-R-1204, of the approximately 43 eligible voters, 39
cast valid votes, of which 12 were for the Union , 27 against , and 2 were
challenged.
In Case No . 20-R--1205, of the approximately 55 eligible voters, 43
cast valid votes, of which 8 were for the Union, 35 against , and 2 were
challenged.
In Case No. 20-R-1206, of the approximately 72 eligible voters,
70 cast valid votes, of which 24 were for the Union , 46 against, and
1 was challenged.
In Case No. 20-R-1207, of the approximately 61 eligible voters,
48 cast valid votes, of which 10 were for the Union , 38 against, and
1 was challenged.
In Case No . 20-R-1208, of the approximately 42 eligible voters,
32 cast valid votes , of which 4 were for the Union, 28 against, and
2 were challenged.
In Case No. 20-R-12091 of the approximately 73 eligible voters,
66 cast valid votes , of which 40 were for the Union , 26 against, and
2 were challenged.
ALLEN AND SANDILANDS PACKING COMPANY 1011
In Case No. 20-R-12-12, of the approximately 26 eligible voters,
24 cast valid votes, of which 2 were for the Union, and 22 against.
In Case No. 90-1f-1?14, of the approximately 69 eligible voters,
60 cast valid votes, of which 11 were for the Union, and 49 against.
In Case No. 20-1e-1215, of the approximately 49 eligible voters,
46 cast valid votes, of which 16 were for the Union, and 30 against.
In Case No. 20-R-1217, of the approximately 40 eligible voters,
36 cast valid votes, of which none was for the Union, and 36 were
against.
In Case No. 20-R-1219, of the approximately 40 eligible voters,
36 cast valid votes, of which 7 were for the Union, and 29 against.
In Case No. 20-R-1220, of the approximately 42 eligible voters,
27 cast valid votes, of which 19 were for the 'Union, 8 against, and
4 were challenged.
In Case No. 20-R-1221, of the approximately 27 eligible voters,
25 cast valid votes, of which 13 were for the Union, and 12 against.
In Case No. d0-R-122, of the approximately 74 eligible voters,
62 cast valid votes, of which 29 were for the Union, and 33 against.
In Case No. 20-R-1223, of the approximately 95 eligible voters,
77 cast "valid votes, of which 9 were for the Union, and 68 against.
In Case No. 20-R--M041, of the approximately 32 eligible voters,
30 cast valid votes, of which 3 were for the Union, and 27 against.
In Case No. 2OR-1226, of the approximately 60 eligible voters,
52 cast valid votes, of which 38 were for the Union, 14 against, and
1 was challenged.
In Case No. 20-R-1227, of the approximately 60 eligible voters,
48 cast valid votes, of which 18 were for the Union, 30 against, and
8 were challenged.
In Case No. 00-R-1P28, of the approximately 69 eligible voters,
45 cast valid votes, of which 15 were for the Union, 30 against, and
11 were challenged.
In Case No. 20-R-1230, of the approximately 90 eligible voters,
83 cast valid votes, of which 47 were for the Union, 36 against, and
2 were challenged.
In Case No. 20-R-1231, of the approximately 64 eligible voters, 3&
cast valid votes, of which 31 were for the Union, and 5 against.
In Case No. 20-R-1232, of the approximately 54 eligible voters, 45,
cast valid votes, of which 20 were for the Union, 25 against, and 2 were
challenged.
In Case No. 2O-R-1233, of the approximately 39 eligible voters, 37,
cast valid votes, of which 7 were for the Union, and 30 against.
In Case No. 20-R-12341, of the approximately 49 eligible voters, 41
cast valid votes, of which 8 were for the Union, 33 against, and 1 was
challenged.
-1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In Case No. 2O-R-1235, of the approximately 46 eligible voters, 33
cast valid votes, of which 19 were for the Union, 14 against, and 3 were
challenged.
In Case No. 20-R-137 (Porterville), of the approximately 113
eligible voters, 79 cast valid votes, of which 70 were for the Union,
and 9 against.
In Case No. 20-R-1238 (Lindsay), of the approximately 61 eligible
voters, 47 cast valid votes, of which 38 were for the Union, 9 against,
and 6 were challenged. -
In Case No. 2O-R-1238 (Woodlake), of the approximately 27 eligible
voters, 20 cast valid votes, of which 12 were for the Union, 8 against,
and 1 was challenged.
In Case No. 20-R-1240, of the approximately 57 eligible voters, 43
cast valid votes, of which 14 were for the Union, 29 against, and 1 was
challenged.
In Case No. 20-R-1241 (Exeter), of the approximately 47 eligible
voters, 37 cast valid votes, of which 17 were for the Union, 20 against,
and 2 were challenged.
In Case No. 20-R-1257 (Strathmore), of the approximately 61 eligi-
ble voters, 59 cast valid votes, of which 11 were for the Union, 48
against, and 2 were challenged.
In Case No. 20-R-1257 (Porterville), of the approximately 69 eligi-
ble voters, 63 cast valid votes, of which 36 were for the Union, 27
against, and 3 were challenged.
In Case 20-R-1258, of the approximately 66 eligible voters, 56 cast
valid votes, of which 23 were for the Union, 33 against, and 4 were
challenged.
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, Sections 9 and 10 of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY DIRECTED that, as part of the' investigation to ascertain
representatives for the purposes of collective bargaining with Strath-
more Packing House Company, Strathmore, California (Case No.
£0-R-129), the Regional Director for the Twentieth Region shall,
pursuant to said Rules and Regulations, within ten (10) days from
the date of this Direction, open and count the challenged ballots of
0. A. Rooker, W. J. Wilson, Gladys Wilson, and Earl Daniel, and
thereafter prepare and cause to be served upon the parties a Supple-
mental Tally of Ballots including therein the count of said challenged
ballots;
IT IS HEREBY ORDERED that the following petitions for investigation
and certification of representatives of employees of the respective
Companies be, and they hereby are, dismissed :
ALLEN AND SANDILANDS PACKING COMPANY
The companies Packing sheds located at ornear-
1013
Case Nos
Ed Allen and Don Sandilands, copartnership, d/b/a Allen
and Sandilands Packing Company.
Porterville, Calif ______________ 20-R-1177
D. A Beattie Association ----------------------------------- Porterville, Calif______________ 20-R-1179
Coop Citrus Association_________________________ ---------- Exeter, Calif______________ 20-R-1181
W. Todd Dofllemyer, an individual____ __________ __________ Exeter, Calif__________________ 20-R-1182
Elderwood Citrus Association_______________________________ Woodlake, Calif _______________ 20-R-1185
Exeter Citrus Association__________________________________ Exeter, Calif__________________ 20-R-1187
Exeter Orange Growers Association_________________________ Exeter, Calif__________________ 20-R-1188
H C Harding and George T. Leggett, d/b/a Harding and
Leggett
Orange Cove, Calif____________ 20-R-1194
Hillside Packing Company --------------------------------- Lindsay, Calif___ ------------ 20-R-1195
Ivanhoe Mutual Orange Association_________________________ Ivanhoe, Calif________________ 20-R-1196
M. N Jensen, an individual_________________________________ Orange Cove, Calif .___________ 20-R-1197
Klink Citrus Association____________________________________ Ivanhoe, Calif ________________ 20-R-1200
E. E. Kroells and C. J. Kroells limited partnership, d/b/a
Kroells Bros. Limited Packing Company.
Lindsay, Calif................ 20-R-1201
Lemon Cove Association (Lemon House)____________________ Lemon Cove, Calif____________ 20-R-1202
Lemon Cove Association (Orange House)____________________ Lemon Cove, Calif ____________ 20-R-1202
Lindsay Citrus Growers Association________________________ Lindsay, Calif________________ 20-R-1203
Lindsay Coop Citrus Association___________________________ Lindsay, Calif________________ 20-R-1204
Lindsay District Orange Company__________________________ Lindsay, Calif________________ 20-R-1205
Lindsay Fruit Association___________________________________ Lindsay, Calif _______________ 20-R-1206
Lindsay Mutual Grove_________ ________________ ---------- Lindsay, Calif________________ 20-R-1207
Edith Cairns Russell, Laura Cairns, and Ethel Cairns Rowe,
copartnership, d/b/a Lindsay Orange Growers Association.
Lindsay, Calif ________________ 20-R-1208
Naranjo Packing House Company___________________________ Woodlake, Calif............... 20-R-1212
Orange Cove Citrus Association____________________________ Orange Cove, Calif____________ 20-R-1214
R. J. Singleterry and H. J. Ferry, copartnership, d/b/a Orange
Packing Company.
Lindsay, Calif .________________ 20-R-1215
Orosi Foothill Citrus Association____________________________ Orosi, Calif____________________ 20-R-1217
Paloma Citrus Fruit Association____________________________ Visalia, Calif _________________ 20-R-1219
Rocky Hills Citrus Association___________________ __ ------ Exeter, Calif__________________ 20-R-1222
Sanger Citrus Association___________________________________ Sanger, Calif__________________ 20-R-1223
Sequoia Citrus Association_________________________________ Lemon Cove, Calif____________ 20-R-1224
Strathmore District Orange Association --------------------- Strathmore, Calif_____________ 20-R-1227
Strathmore Fruit Growers Association______________________ Strathmore, Calif _____________ 20-R-1228
Tulare County Lemon and Grapefruit Association___________ Porterville, Calif______________ 20-R-1232
_______ ___________________Tule River Citrus Association Porterville Calif 20-R-1233___ __
Ruth J Zimmerman and W. B Merchant, copartners, dfb/a
Woodlake Packing Company.
,
Woodlake, Calif_______________ 20-R-1234
Randolph Marketing Company_____________________________ Porterville, Calif _____________ 20-R-1240
B. G Rooke Packing Company_____________________________ Exeter, Calif I_________________ 20-R-1241
Stark Packing Corporation_________________________________ Strathmore, Calif a____________ 20-R-1257
Waddell & Son---------------------------------------------- Lindsay, Calif________________ 20-R-1258
I By order dated December 16, 1944, the Board granted the Union's request to withdraw its petition
insofar as it related to the Lindsay Operation of B G. Rooke Packing Company
8 However, as hereinafter provided, the Union will be certified as the exclusive bargaining representative
of the employees of the Stark Packing Corporation's Porterville Operation. This petition is, accordingly,
dismissed in part only.
and
IT IS HEREBY CERTIFIED that Food, Tobacco, Agricultural and Allied
Workers Union of America , has been designated and selected by a
majority of all employees at each of the packing sheds of the Com-
panies, listed below , excluding all supervisory employees with au-
thority to hire, promote, discharge , discipline, or otherwise effect
changes in the status of employees , or effectively recommend such
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
action, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the Act, the said organiza-
tion is the exclusive bargaining representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
The companies
Packing sheds located at or I
near-
Case Nos.
Grand View Heights Citrus Association --------------------- Terra Bella, Calif _____________ 20-R-1193
Magnolia Citrus Association_________________________________ Porterville, Calif______________ 20-R-1209
Plano Packing House Company - ---------------------------- Porterville , Calif______________ 20-R-1220
Estate ofJ E Pogue, Della Pogue, executrix ________________ Lemon Cove , Calif____-_______ 20-R-1221
Strathmore Coop Association _______________________________ Strathmore , Calif _____________ 20-R-1226
Sunland Packing House ------------------------------------- Porterville , Calif______________ 20-R-1230
Terra Bella Citrus Association_______________________________ Terra Bella , Calif_____________ 20-R-1231
Webb Packing Company------------------------------------ ,Lindsay, Calif ________________ 20-R-1235
American Fruit Growers , Inc_________ _____t________________ Porterville, Calif ______________ 20-R-1237
American Fruit Growers, Inc _---____________________________ Lindsay, Calif________________ 20-R-1238
American Fruit Growers , Inc_____________ _______________ -- Woodlake, Calif _______________ 20-R-1238
Stark Packing Corporation__________________________________ Porterville , Calif______________ 20-R-1257