Cedergreen Frozen Pack Corp.

National Labor Relations Board - Board Decisions

Nov 28, 1947

75 N.L.R.B. 375 (N.L.R.B. 1947)

In the Matter of CEDERGREEN FROZEN PACK CORPORATION , EMPLOYER
and CANNERY WAREHOUSEMEN, FOOD PROCESSORS, DRIVERS & HELP-
ERS, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS,
WAREHOUSEMEN AND HELPERS, A. F. L., PETITIONER
Case No. 19-R-21f8.Deckled November 28, 1947
Crollard cC O'Connor, by Mr. A. J . O'Connor, of Wenatchee , Wash.,
for the Employer.
Mr. S. Betterton , of Wenatchee , Wash., for the Petitioner.
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Wenat-
chee, Washington, on August 14, 1947, before Patrick H. Walker,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Cedergreen Frozen Pack Corporation is a corporation organized
under the laws of the State of Washington, with its principal place of
business at Wenatchee, Washington, where it is engaged in the
processing of fresh fruits and vegetables by quick freezing methods.
Annually the Employer receives from points outside the State of
Washington approximately $100,000 worth of material. Annually
the Employer's gross sales are approximately 8,500,000 pounds of
processed foodstuffs, of which 90 percent is shipped outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers,
75 N. L R B, No. 46.
375
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which in turn is affiliated with the American Federation of Labor,
claiming to represent employees of the Employer.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The Petitioner seeks a unit composed of all employees of the Em-
ployer at its Wenatchee, Washington, plant or in sheds or lots con-
nected therewith or adjacent thereto, where commodities or materials
are processed or stored, excluding office and clerical employees, labora-
tory employees, field men, fruit and vegetable inspectors, watchmen,
and all supervisors.
The Employer is engaged in operations of a seasonal nature. Dur-
ing the processing season, which usually begins about April 15 and
ends about October 31, employment increases to approximately 200
employees; after the season is over employment drops to between 10
and 20. Under the circumstances, it appears that the present time is
not appropriate for a determination of representatives because a
representative number of employees are not now working or about to
begin working.
Accordingly, we find that no question has arisen concerning repre-
sentation of employees of the Employer, within the meaning of Section
9 (c) (1) of the National Labor Relations Act. We shall dismiss the
petition without prejudice to the filing of a new petition at a season-
able time.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Cedergreen Frozen
Pack Corporation, Wenatchee, Washington, filed by Cannery Ware-
housemen, Food Processors, Drivers & Helpers, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers, A. F. L.,
be, and it hereby is, dismissed without prejudice.