Central California Packing Co.

National Labor Relations Board - Board Decisions

Apr 30, 1946

67 N.L.R.B. 1071 (N.L.R.B. 1946)

In the Matter of CENTRAL CALIFORNIA PACKING COMPANY and DRIED
FRUIT, NUT PACKERS, DEHYDRATORS AND WAREHOUSEMEN'S LOCAL
UNION #616
Case No. 20-R-165-5.-Decided April 30, 1946
Mr. lener W. Nielsen, of Fresno, Calif ., for the Company.
Mr. Pat. A. Renna, of Fresno , Calif., for the Union.
Mr. James Zett, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon a petition duly filed by Dried Fruit, Nut Packers, Dehydrators
and Warehousemen's Local Union #616, A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Central California Packing
Company, Del Rey, California, herein called the Company, the Na-
tional Labor Relations Board on February 13, 19-16, conducted a pre-
hearing election pursuant to Article III, Section 3,1 of the Board's
Rules and Regulations among employees of the Company in the alleged
appropriate unit, to determine whether or not they desired to be repre-
sented by the Union for the purposes of collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally showed that there were approximately 35 eligible
voters and that 26 of these eligible voters cast ballots, of which 23 were
for the Union, and 3 were challenged.
Thereafter pursuant to Article III, Section 10,2 of the Rules and
Regulations, the Board provided for an appropriate hearing upon due
notice before David Aaron, Trial Examiner. The hearing was held
at Fresno, California, on March 15,1946. The Company and the Union
I By amendment of November 27, 1945, this Section of the Rules now permits the con-
duct of a secret ballot of employees prior to hearing in cases which present no substantial
issue.
2 As amended November 27, 1945, this Section provides that where the initial hearing
is held after the tleatlon all issues , mcludipg issues with respect to the conduct of the
election or conduct affecting the election results and issues raised by challenged ballots,
shall be heard at such hearing
C7 N L. R 13 , No. 135
1071
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appeared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded 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 COMPANY
Central Packing Company is a co-partnership consisting of Nerces
Azadian and Melvin Azadian. The Company's principal place of
business is located at Del Rey, California, where it is engaged in the
processing and packaging of dried raisins. The Company also main-
tains a ranch with which we are not concerned in this proceeding.
During the calendar year 1945, the Company processed dried raisins
valued in excess of $50,000, approximately 90 percent of which was
sold and shipped to points outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Dried Fruit, Nut Packers, Dehydrators and Warehousemen's
Union, Local #616, is a labor organization, affiliated through the
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the bargaining representative of its employees in the alleged appro-
priate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Both parties agree that all production and maintenance employees
at the Company's plant, excluding office employees and supervisors,
constitute an appropriate unit. The election was held among these
employees. By challenging the vote of Marcel Adams, the Company
CENTRAL CALIFORNIA PACKING COMPANY 1073
raised an issue concerning the propriety of including this individual
in the unit. Marcel Adams is a bonded warehouseman who works on
the premises of the Company, but is employed and paid by the Haslett
Warehouse Company. Since he is not an employee of the instant com-
pany, we shall exclude him from the appropriate unit, and sustain
the challenge.
We find, substantially in accordance with the agreement of the
parties, that all production and maintenance employees at the Com-
pany's plant, excluding the bonded warehouseman, office employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company seeks to set aside the election on the ground that a
group of its employees "were improperly importuned to vote" and
were "coerced" into voting. The basis of this charge is that toward
the close of the polls a union representative accosted a group of hesi-
tant employees "in front," 3 shamed them for not joining the rest of
the "gang," and successfully urged them to vote. Verbal persuasion
is not coercion where, as here, there is a total absence of intimidation
and violence. Moreover the Company's observer testified that no
irregularity and no electioneering transpired at the polls. We con-
clude that the charge of coercion is without the slightest foundation,
and that no electioneering took place "at or near the polls." 4
The results of the election held previous to the hearing show that
the Union has secured a majority of the valid votes cast and that the
challenged ballots' are insufficient in number to affect the results of
the election. Under these circumstances, we shall not direct that the
challenged ballots be opened and counted but instead we shall certify
the Union as the collective bargaining representative of the employees
in the appropriate unit.
3 The record does not indicate whether "in front " refers to the Company 's plant or to
the American Legion Hall inside of which the polls were located.
4 See Matter of Rowe Manufacturing Company , 51 N L R B 63 ; Matter of Gutnam and
Company, 46 N. L. R. B. 1184 , and Matter of National Sugai Refining Company, 4
N L R B 276
5 The Union challenged the votes of two employees on the ground that they were on the
ranch pay roll on the day of the election. It is pertinent to note that the Company
maintains a ranch with a pay roll separate and distinct from that of the plant . Several
employees of the Company alternate betaeen the Company 's plant and ranch , but whenever
a change occurs, they are immediately transferred to the proper pay roll. Except for the
two challenges by the Union , admittedly all votes were cast by employees who were on the
plant pay roll on the eligibility date.
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1074 DECISIONS OF NATIONAL LABOR *RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of
National Labor Relations Board Rules and Regulations-Series 3,
as amended,
IT IS HEREBY CERTIFIED that Dried Fruit, Nut Packers, Dehydrators
and Warehousemen's Local Union #616, A. F. of L., has been desig-
nated and selected by a majority of all production and maintenance
employees of Central California Packing Company, Del Rey, Cali-
fornia, excluding the bonded warehouseman office employees, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, as their representative for the
purposes of collective bargaining, and that pursuant to Section 9 (a)
of the Act, the said organization is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
employment.