California Walnut Growers Association

National Labor Relations Board - Board Decisions

Feb 19, 1940

20 N.L.R.B. 565 (N.L.R.B. 1940)

In the Matter Of CALIFORNIA WALNUT GROWERS ASSOCIATION and
WALNUT WORKERS UNION, LOCAL 92 OF UNITED CANNERY , AGRICUL-
TURAL , PACKING AND ALLIED WORKERS-OF' AMERICA
Cases Nos. C-76P, and R-8.16
SUPPLEMENTAL DIRECTION OF ELECTION
February 19,1940
On December 20, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Election 1
in the above-entitled proceedings, ordering that the respondent cease
and desist from certain unfair labor practices and take certain affirma-
tive action found necessary to effectuate the policies of the National
Labor Relations Act, 49 Stat. 449, and directing that an election by
secret ballot be conducted at such time as the Board should in the
future direct under the direction and supervision of the Regional
Director for the Twenty-first Region (Los Angeles, California). The
Regional Director has since advised the Board that the Walnut
Workers Union, petitioner in the representation case, requests that
an election be held before February 29, 1940, in view of the fact that
the plant will close for the season upon said date.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that., as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with California Walnut Growers Association, the election by secret
ballot directed to be conducted by the Board's Direction of Election
of December 20, 1939, be conducted as early as possible but not later
than February 29, 1940, 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, Section 9, of said Rules and Regulations, .among the employees of
California Walnut Growers Association-,at its Los Angeles Shelling
i 18 N . L. R. B. 493.
20 N. L. H. B., No. ,5f.
565
283031-41-vol. 20--37
566 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Plants Nos. 1 and 2 whose names appear on its pay roll immediately
preceding the date of this Supplemental Direction of Election, includ-
ing employees who did not work during such pay-roll period because
they were ill or on vacation, employees who were then or have since
been temporarily laid off, and the following eight employees who, the
Board found in its Decision, were discriminatorily discharged in Octo-
ber 1937: Lucille King, Helen Metkovich, Eva Dzida, Pauline Metko-
vich, Sara Rivera, Alice Stupin, Nancy Peinado, and Angela Cobas,
but excluding supervisory, clerical, and office employees, to determine
whether or not they desire to be represented by Walnut Workers
Union, Local 92 of United Cannery, Agricultural, Packing and Allied
Workers of America, for the purposes of collective bargaining.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Supplemental Direction of Election.