Strathmore Packing House Co.

National Labor Relations Board - Board Decisions

Apr 25, 1945

61 N.L.R.B. 739 (N.L.R.B. 1945)

In the Matter of STRATIIMORE PACKING HOUSE COMPANY and FOOD,
TOBACCO, AGRICULTURAL AND ALLIED WORKERS UNION OF AMERICA
Case No. 20-R-1229
SECOND SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
April 25, 1945
On January 4, 1945, pursuant to a Decision and Direction of Elec-
tions issued by the Board on December 5, 1944,1 and an Order Amend-
ing Direction of Elections issued on January 4, 1945, an election by
secret ballot was conducted under the direction and supervision of
the Regional Director for the Twentieth Region (San Francisco,
California), among the employees of the Strathmore Packing House
Company, Strathmore, California, herein called the Company.'
The Tally as revised in the Regional Director's Report on Chal-
lenged Ballots and Objections to Elections showed that of the ap-
proximately 63 eligible voters, 43 cast valid votes, of which 23 were
for the Food, Tobacco, Agricultural and Allied Workers Union of
America, herein called the Union, 20 against, and 4 were challenged.
Since the results of the election were inconclusive, the Board, having
considered the report of the Regional Director, issued its Supplemental
Decision and Direction, Order, and Certification of Representatives,"
directing, inter alia, that the Regional Director open and count the
challenged ballots.
Thereafter, the Regional Director submitted a Report on Challenged
Ballots dated April 3, 1945, copies of which were duly served upon
the parties, wherein he stated that the four challenged ballots were
inadvertently destroyed while disposing of obsolete material' in the
Regional Office. He, therefore, recommended that a new election
be conducted among the Company's employees in the appropriate unit
159 N L R B 724 This is a consolidated proceeding , the instant case being the
only one still pending
2 The appropriate unit consists of all employees at the Company 's packing shed at
Strathmore , California , excluding clerical employ ees, officials , and all supervisory em-
ployees with authority to hire, promote , discharge , discipline , or otherwise effect changes
in the status of employees ,- or effectively recommend such action.
9 60 N L R B. 1007.
61 N. L. R. B., No. 118.
739
7 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who were employed during the pay-roll period immediately preceding
the date of the second election to be held not later than forty-five (45)
days subsequent to April 15, 1945 4 The Union filed "Union's Com-
ment on Report on Challenged Ballots" in which it requested that
an immediate election be held solely among the four employees whose
ballots were challenged.' The Company filed a "Reply to Union's
Comment on Report on Challenged Ballots," objecting only to the
Union's request.
We have considered the Regional Director's report, the Union's
comment, the Company's reply thereto, and the entire record in the
case, and are of the opinion that the policies of the Act will be effec-
tuated by conducting a second election among all the employees in the
appropriate unit in accordance with the recommendations of the
Regional Director.
We shall, therefore, direct that the question concerning representa-
tion be resolved by a second election by secret ballot among the
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the second election to
be held not later than forty-five (45) days subsequent to April 15, 1945,
subject to the limitations and additions set forth in the Second Direc-
tion of Election herein.
SECOND 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Strathmore Pack-
ing House Company, Strathmore, California, a second election by
secret ballot shall be conducted as early as possible, but not later than
forty-five (45) clays from April 15, 1945, tinder the direction and super-
vision of the Regional Director for the Twentieth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit heretofore found appropriate in Sec-
tion IV of our Decision and Direction of Elections issued on December
5, 1944, who were employed during the pay-roll period immediately
preceding the date of the second election, including employees who did
not work during said pay-roll period because they were ill or on vaca-
' As indicated in our Decision and Direction of Elections, supra, the Valencia packing
season extends from the middle of April to the early part of June
STRATHMORE PACKING HOUSE COMPANY 741
tion or temporarily 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 dis-
charged for cause and have not been rehired or reinstated prior to the
date of the second election, to determine whether or not they desire
to be represented by Food, Tobacco, Agricultural and Allied Workers
Union of America, for the purposes of collective bargaining.