California Vegetable Growers

National Labor Relations Board - Board Decisions

Mar 5, 1945

60 N.L.R.B. 1080 (N.L.R.B. 1945)

In the' Matter of CALIFORNIA VEGETABLE GROWERS and FRESH FRUIT
& VEGETABLE WORKERS UNION, LOCAL 78, FTA-CIO
In the Matter Of CALIFORNIA PRODUCE Co.,\INC. and FRESH FRUIT &
VEGETABLE WORKERS UNION, LOCAL 78, FTA-CIO
In the Matter of COLORADO RIFER FARMS and FRESH FRUIT & VEGE-
TABLE WORKERS UNION, LOCAL 78, FTA-CIO
In the Matter of RAY EATON, RALPH EATON, AND SAXON L. EATON,
A CO-PARTNERSHIP DOING BUSINESS As EATON FRUIT COMPANY' and
FRESH FRUIT & VEGETABLE WORKERS UNION, LOCAL 78, FTA-CIO
Cases Nos. 21-R-2654 through 21-R-2657, respectively.Decided
March 5, 1945,
Messrs. T. B. Flynn, and A. D. Haines, of Guadalupe, Calif.,
Messrs. Angelo Micalizio and Harry Gibson, of Blythe, Calif., and
Mr. Ray Eaton, of Phoenix, Ariz., for the Companies.
Mr. Dixie Tiller, of Los Angeles, Calif., and Mr. C. J. Feller, of
El Centro, Calif., for the CIO.
Mr. Albert Harris, of Los Angeles, Calif., for the AFL.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TIIE CASE
Upon four separate petitions duly filed by Fresh Fruits & Vegetable
Workers Union, Local 78, FTA-CIO, herein called the C. I. 0., alleg-
ing that questions affecting commerce had arisen concerning the rep-
resentation of employees of California Vegetable Growers, Blythe,
California; California Produce Co., Inc., Blythe, California; Colorado
River Farms, Blythe, California; and Ray Eaton, Ralph Eaton, and
Saxon L. Eaton, a co-partnership doing business as Eaton Fruit Com-
pany, Blythe, California, herein collectively referred to as the Com-
panies, the National Labor Relations Board consolidated the cases
by an order dated February 9, 1945, and provided for an appropriate
1 The record indicates that this is the correct designation of the employer involved
66 N. L. R B, No. 178.
1080
CALIFORNIA VEGETABLE GROWERS 1081
hearing upon due notice before Charles M. Ryan, Trial Examiner.
Said hearing was held at Blythe, California, on February 19, 1945.
The Companies, the C. I. 0., and Western Warehouse & Produce Coun-
cil and International Brotherhood of Teamsters, Chauffeurs, Ware-
-housemen & Helpers, Truck Drivers, Warehousemen and Helpers
Union, Local #898, herein collectively referred to as the A. F. L.,
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. At the hearing, California Vegetable Growers
moved to sever Case No. 21-R-2654 from the remaining cases in this
consolidated proceeding. The Trial Examiner referred this motion to
the Board for ruling. The motion is hereby denied. The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board.
Upon the entire record in"the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
California Vegetable Growers, a cooperative harvesting and market-
ing organization; California Produce Co., Inc.; a corporation; Colo-
rado River Farms, a California corporationi; and Ray Eaton, Ralph
Eaton, and Saxon L. Eaton, a co-partnership doing business as Eaton
Fruit Company, are engaged in the harvesting, packing, and market-
ing of fruits and vegetables. Each of the Companies during the last
season packed and shipped in interstate commerce a substantial por-
tion of their products.
We find that the' Companies are engaged in commerce within the
meaning of the National Labor Relations Act.2
H. THE ORGANIZATIONS INVOLVED
Fresh Fruit & Vegetable Workers Union, Local 78, FTA-CIO, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Companies.
Western Warehouse & Produce Council and International Brother-
hood of Teamsters, Chauffeurs, Warehousemen & Helpers, Truck Driv-
ers, Warehousemen & Helpers Union, Local #898, are labor organi-
zations affiliated with the American Federation of Labor, admitting to
membership employees of the Companies.
2 Matter of Allen and Sand,lands Packing Company, et al, 59 N. L . R. B. 724
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
D
III. THE QUESTIONS CONCERNING REPRESENTATION
The Companies are unwilling to recognize either the C. I. O. or the
A. F. L. as the collective bargaining representative of certain of their
employees in the absence of certification by the Board.
On January 12, 1945, as a result of a cross-check, held under Board'
auspices, which was initiated by a representation petition filed by
the A. F. L.,3 that organization was designated as a collective bar-
gaining representative of the packing shed employees of California
Vegetable Growers. However, the record indicates that at that time
the C. I. O. had substantial membership among these employees and
was not notified of the proceeding. Accordingly, we find that the
designation of the A. F. L. does not constitute a bar to a current deter-
mination of representatives of employees of California Vegetable
Growers.
The C. I. O. and the A. F. L. each adduced testimony concerning
the extent of its membership among the persons who work in the
packing sheds in the area in which the Companies are located. This
testimony indicates that each of these organizations represents a'
substantial number of the persons who are or will be employed by the
Companies.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
- The C. I. O. and the A. F. L. agree, without objection by the Com-
panies, that all packing shed employees of each of the Companies,
excluding over-the-road drivers,4 and office and supervisory employees,
constitute. appropriate units. In addition, the C. I. O. would include
within these units drivers who drive trucks from the harvesting
grounds to the packing sheds. The A. F. L. contends that such drivers
employed by California Vegetable Growers should be excluded from
the bargaining unit of that Company's employees; 5 however, it makes
no specific contention with respect to similar drivers employed by
the other Companies involved herein. The Companies take no posi-
tionwith respect to the inclusion or exclusion of these employees.
- The record indicates that, with the exception of Colorado River
Farms, truck drivers who haul fruits and vegetables from the harvest-
3 Case No. 21-R-2632.
' Over-the-road drivers haul the Company ' s products-from the sheds to the market
6 The record indicates that California Vegetable Growers currently recognizes the A. F L.
as the representative of these employees pursuant to the terms of an existing written
agreement.
CALIFORNIA VEGETABLE GROWERS 1083
inn grounds to the packing sheds are under the supervision of persons
other than those who supervise the packing shed employees, and that
they are either salaried or hourly paid workers, whereas the packing
shed employees are compensated on a piece-rate basis6 We shall
exclude the truck drivers who haul produce from the harvesting
grounds to the packing sheds.
Accordingly, we find that all packing shed employees of each of
the Companies, excluding all drivers, office employees, and super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute four separate units appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
'have arisen be resolved by separate elections by secret ballot among
the employees in the four appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitatiolis and additions set forth
in the Direction.
DIRECTION OF ELECTIONS
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 Rela-
tions 11oard 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 California Vege-
table Growers, Blythe, California; California Produce Co., Inc.,
Blythe, California; Colorado River Farms, Blythe, California; and
Ray Eaton, Ralph Eaton, and Saxon L. Eaton, a co-partnership doing
business as Eaton Fruit Company, Blythe, California, four separate
elections by secret ballot shall be conducted as early as possible, but not
later than sixty (60) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Twenty-
first Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the units found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, including
6 The operations of the Colorado River Farms are not , at the present time , sufficiently
extensive to warrant the employment of more than one supervisory employee.
1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees who did not work during said pay-roll period because they
were ill or on vacation 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 discharged for cause and have not been rehired or reinstated
prior to the date of the elections, to determine whether they desire to
be represented by Fresh Fruit & Vegetable Workers Union, Local 78,
FTA-CIO, affiliated with the Congress of Industrial Organizations,
or by International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen & Helpers, Truck Drivers, Warehousemen & Helpers Union,
Local #898, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.
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