Utah Canning Co.

National Labor Relations Board - Board Decisions

Aug 13, 1952

100 N.L.R.B. 606 (N.L.R.B. 1952)

606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
UTAH CANNING COMPANY and CANNERY WORKERS AND FOOD PROC-
ESSORS , LOCAL 901, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL, PETI-
TIONER. Case No. 20-RC-,1780. August 13,1952
Decision and Direction of Election
Upon a petition duly filed, a hearing was held before David Kara-
sick, 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-member panel [Chairman Herzog and Members
Styles and Peterson]. -
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 labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent production and maintenance
employees at the Employer's vegetable processing and canning plant
at Ogden, Utah, including seasonal employees, but excluding office
clerical employees, field men and field employees, and supervisors as
defined in the Act. The Employer, agreeing to the exclusions named,
would also exclude seasonal employees from the proposed unit, limiting
the unit to year-round workers.
The Employer is engaged in processing and canning vegetables
intermittently throughout the year. Processing days consume ap-
proximately 50 percent of the calendar year. The fresh vegetable
processing seasons run from June into October. During these seasons
the Employer augments its year-round force of approximately 33 em-
ployees with varying numbers of seasonal workers, as each vegetable
season arrives. Seasonal workers are to be found in every department.
Full-time peak employment reaches approximately 300 in early Sep-
tember during the tomato-canning period. The opening of school in
middle September depletes the available full ;time seasonal workers,
and makes it necessary to hire more persons on a part-time basis, and
work is done also at night. Both year-round employees and seasonal
employees are engaged in processing tasks, receiving for equal work
the same compensation. Seasonal and year-round employees work
the same hours under the same supervision. Dry beans are canned
100 NLRB No. 92.
UTAH CANNING COMPANY 607
when fresh vegetables are no longer available. When not engaged in
processing work, year-round employees do -maintenance and repair
work on buildings and equipment. In accordance with our custom,
under such circumstances, we include seasonal and year-round em-
ployees in the single-plant unit.'
The following employees of the Employer constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's vege-
table processing and canning plant at Ogden, Utah, including seasonal
employees, but excluding office clerical employees, field men and field
employees, and supervisors 2 as defined in the Act.
5. The Employer contends that seasonal employees who have not
been employed for the last two seasons in the same type of work do
not have a substantial employment interest and should not be eligible
to vote. The Petitioner disagrees.
In 1951, some 123 seasonal workers were needed for processing the
pea crop; 238 for beans and beets; and 300 for tomatoes. Part-time
employment increased the number of persons actually required for the
work after school-opening to 410. Most workers in the early crops
work also in the later crops. In 1951, 24 women and an unre-
corded number of boys and girls worked in the short pea season;
130 women and 89 boys and girls worked in the bean and beet seasons;
and 258 men and 152 women worked in the tomato peak season, includ-
ing 78 students under 18 with work permits, and 40 students over 18,
and 4 teachers. Available records on employment do not show how
the students were distributed among the men and women employed
in the tomato season. The Employer urges that although 70 percent
of the "women" employed return to work succeeding years, not more
than 10 percent of "men" employed return another year. It has no
specific record as to the numbers of returning students, who are in-
cluded in these general categories.
The Employer gives former employees preference in employment.
Employees are recalled to work by personal telephone calls and ad-
vertisements in the local papers. Seasonal employees are employed
in all departments of the plant, and are shifted as work requires. We
believe that seasonal workers have a substantial interest in working
conditions at the plant and find that they are eligible to vote in the
election s
' Wm. P. McDonald Corporation , 83 NLRB 427 ; Twin Falls Canal Company, 97 NLRB
1473.
'The parties agree, and we find , that the general superintendent , assistant superin.
tendent, foreman in the warehouse , and forelady should be excluded from the unit as
supervisors.
8H. G. Martinelli, d/b/a Martinelli d Company, 99 NLRB 43, and cases cited therein ;
Win. P. McDonald Corporation, supra; cf. S A L Co . of Pipestone, 96 NLRB 1418.
608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In accordance with our usual custom, we instruct the Regional
Director to hold the election directed herein on a day to be selected
by him during or near the full-time peak employment period in the
next tomato processing season, eligibility to be determined by employ-
ment during the payroll period immediately preceding the notice of
election.
[Text of Direction of Election omitted from publication in this
volume.]
STEWART-WARNER CORPORATION and INTERNATIONAL UNION OF ELEC-
TRICAL, RADIO & MACHINE WORKERS, CIO, PETITIONER. Case No.
13-RC-2667. August 13,1962
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Irving M. Friedman,
hearing officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Styles, and Peterson].
Upon the entire record in this case,2 the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.8
'At the hearing, IBEW moved to dismiss the petition on the ground that IBEW was
improperly denied certification in an earlier proceeding , Case No . 18-RM-58 . The hearing
officer referred the motion to the Board. For the reasons set forth in paragraph numbered 8,
the motion is denied.
B IBEW requested at the bearing that the Board take judicial notice of the proceedings
in Case No. 18-RM-58 . The request is granted . We also take judicial notice of the re-
lated unfair labor practice case (94 NLRB (107). See The Baldwin Locomotive Works,
89 NLRB 403.
e The hearing officer referred to the Board the UR motion to intervene . IBEW contends
that UE is fronting for the latter 's noncomplying Local 1154, which previously represented
the employees involved . However , UE counsel stated at the hearing that the local in ques-
tion had ceased to function and that its charter had been rescinded by action of UE's
general executive board in March 1951 . After the close of the hearing , UE submitted
affidavits in support thereof. IBEW submitted no evidence In support of its allegation
of fronting . Under all the circumstances, we find that Local 1154 is no longer a func-
tioning labor organization , and that UE may intervene . Cf. Standard Steel Spring Oom.
pang, 90 NLRB 1805 ; Electric Products Company, 89 NLRB 218.
After the close of the hearing , District No . 8, International Association of Machinists,
also moved to intervene. As there has been no objection from any party , and as we are
administratively satisfied that this organization has demonstrated a sufficient showing of
interest among the employees as of the date of the hearing , we grant the motion and shall
accord it a place on the ballot.
100 NLRB No. 97.