R. D. Keene, Inc.

National Labor Relations Board - Board Decisions

May 14, 1943

49 N.L.R.B. 800 (N.L.R.B. 1943)

In the Matter of R. D. KEENE, INC. and CITRUS AND CANNERY WORK-
ERS, ORLANDO LOCAL OF A. F. OF L.
Case No. R-5274.-Decided May 14, 1943
Maguire, Voorhis and Wells, of Orlando, Fla., by Mr. H. M. Voor-
his, for the Company.
Mr. George Houghton, of Orlando, Fla.,. for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Citrus and Cannery Workers, Orlando
Local•of A. F. of L., herein called the Union,' alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of R. D. Keene, Inc., Winter Garden, Florida, herein called
the Company, the National Labor Relations' Board provided for an
appropriate hearing upon due notice before Erwin C. Catts, Trial
Examiner. Said hearing was held ' at Orlando, Florida, on May 3;
1943. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues.' The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
R. D. Keene, Inc., a Florida corporation , with its principal place
of business at Minter .Garden, Florida , is engaged in the growing,,
picking, hauling , packing, sale , and distribution of citrus fruits. It
1 Although served with notice of the hearing, Florida Citrus and Allied Workers Union,
Local #'4, C. I. 0., did not appear.
49 N. L. R. B., No. 115.
800
R. D. KEENE, INC. 801
operates a packing plant at Winter Garden, Florida, with which we
are alone concerned in this proceeding. During the last fiscal year
the Company, sold packed citrus fruit which amounted in value to
more than $250,000, approximately 75 percent of which was shipped to
points outside the State of Florida.
For purposes of this proceeding the Company concedes that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Citrus and Cannery Workers, Orlando Local, is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested the Company to recognize it as the bargaining
representative of its packing plant employees and the Company
refused.
A statement of the Field Examiner, introduced in evidence at the-
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning-
'the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union claims as appropriate a unit composed of the employees
of the Company's packing plant, that is packing and shipping em-
ployees, with which contention the Company is in accord. The Union,
further desires the exclusion of supervisory employees. It appears
that at present there is only one such person, the general foreman,
although in the future as in the past he may have an assistant.
Accordingly, we find that all packing and shipping employees em-
ployed at the Company's packing plant, Winter Garden, Florida,
excluding, the foreman and any supervisory employees :having the
authority to recommend hire and discharge; constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
2 The Field Examiner reported that the Union submitted 42 designations of which 37,
bearing apparently genuine original signatures , correspond with names on the Company's
pay roll of March 25, 1943, containing 76 names. I
802 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit. The parties expressed a desire to
have eligibility to vote determined as of the date of the election
because the Company anticipates closing its packing plant about, the
first of -June. Since it appears that an election can be held prior to
the shut-down, we shall adhere to our usual practice. Accordingly,
employees eligible to vote will be those who 'were employed during
the -pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
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 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with R. D. Keene,
Inc., Winter Garden, Florida, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed-during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said - pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause , to determine whether or not they desire to be represented
by Citrus and Cannery Workers, Orlando Local, affiliated, with the
American Federation of Labor, for the purposes , of collective
bargaining.