19 N.L.R.B. 427 (N.L.R.B. 1940)

George G. Averill, G. A. Dahl & Co.

National Labor Relations Board - Board DecisionsJan 15, 1940

19 N.L.R.B. 427 (N.L.R.B. 1940)

In the Matter of GEORGE G. AVERILL, G. A. DAHL & COMPANY, HUNTER- JOHNSON COMPANY, MCDANIEL & SONS, INC., LEWIS A. TERVEN, THOR PACKING COMPANY, A. & H. PRODUCE COMPANY, A. ARENA & COMPANY, AMERICAN FRUIT GROWERS, M. O. BEST COMPANY, FRED R. BRIGHT COMPANY , BRUCE CHURCH , J. P. CARTER , CROWN PACK- ING COMPANY, C. P. DENNY, DORMAN FARMS COMPANY, ALEX E. ENGLEMAN, FARLEY FRUIT COMPANY, FARMERS PRODUCE COMPANY, FITZGERALD & LITRON, CHARLES FREEDMAN, ALBERT S. GARGUILO, S. A. GERRARD COMPANY, GOLDEN VALLEY PRODUCE COMPANY, M. A. GOTFRIED, FRED G. HILVERT CO., E. B. HUNTER, IMPERIAL GARDEN GROWERS, FRANK NARUTO & Co., LTD., JOSEPH PALMISANO COMPANY, SMITH THORNBURG COMPANY, GEORGE SWINK, LEVI ZENTNER, WEST- ERN VEGETABLE DISTRIBUTORS and FRESH FRUIT & VEGETABLE WORK- ERS UNION, LOCAL 78, C. I. O. Cases Nos. R-1257 to R-1290, inclusive SUPPLEMENTAL DECISION AND DIRECTION OF ELECTIONS January 15, 1940 On June 29, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Direction of Elections, and Order in this case., The Direction of Elections directed that elections by secret ballot be conducted under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California.) at such time as the Board might in the future direct : (1) among specified employees 2 of each the employers listed in Appendix "A," respectively,, to determine whether or not they 'desire to be represented by Fresh Fruit & Vegetable Workers, Local No. 78, United Cannery, Agricul- tural, Packing and Allied Workers of America, affiliated with the Congress of Industrial Organizations, herein called the United, for 113 N. L. R. B. 411. a All receivers , truckers , trimmers, packers , crate liners , icemen, lidders, carloaders, and others employed , during a pay-roll period to be determined by the Board at a future date, as packing-shed ' workers in the packing and shipping of lettuce in the Imperial Valley dis- trict of California , or at Somerton , Arizona, excluding office help, foremen , teamsters, boxmakers , and employees who, between the pay-roll date to be determined by the Board and the date of the election , have quit or been discharged for cause. 19 N. L. R. B., No. 50. 427 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the purposes of collective bargaining; and (2) among such specified employees 3 of each of the employers listed in Appendix "B," respec- tively, to determine whether they desire to be represented by the United, or by Fruit & Vegetable Packers Association of California, herein called the Association, for the purposes of collective bargaining, or by neither. The Regional Director has notified the Board that the United, the petitioner in these proceedings, desires the Board to proceed with the elections directed to be held among employees of the employers listed in Appendix "A," but does not wish to participate in the elections directed to be held among employees of employers listed in Appendix `B," and that the Association has failed to reply to an inquiry by the Regional Director whether it now desires that such latter elections be held. Under the circumstances we shall proceed at this time with the elections among employees of employers listed in Appendix "A" only. The Regional Director has further notified the Board that his in- vestigation discloses that eligibility to vote in the elections can most equitably be determined by reference to the pay rolls of the respective employers which last preceded the date of this Supplemental Decision and Direction of Elections, and that, because of an expected curtail- ment of the current lettuce-packing season, the elections should be con- cluded not later than January 25, 1940. We shall adopt these recommendations. SUPPLEMENTAL 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives. for the purposes of collective bargaining, elections by secret ballot shall be conducted as soon as possible but not later than January 25, 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 all the receivers, truckers, trimmers, packers, crate liners, icemen, lidders, carloaders, and others employed as packing-shed workers in the pack- ing and shipping of lettuce in the Imperial Valley district of Cali- fornia, or at Somerton, Arizona, who were employed during the pay- roll period last preceding the date of this Supplemental Direction of Elections, by each of the employers listed in Appendix "A," respec- s See footnote 2, supra. GEORGE, G. AVEIRILL 429 tively, excluding office help, foremen,, teamsters, boxinakers, and em- ployees"who have since quit or been discharged for cause, to determine whether or not such employees desire, in the case of each such employer, to be represented by Fresh Fruit & Vegetable Workers, Local No. 78,_ United Cannery, Agricultural, Packing and Allied Workers of Amer- ica, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. APPENDIX "A" 1. George G. Averill. 5. M. E. Thornburg, an individ- 2. Hunter Johnson. ual doing business as Thor 3. McDaniel & Sons, Inc. Packing Company. 4. Lewis A. Terven. APPENDIX "B" 1. V. Honda & A. Aisawa, co-partners doing business under the name of A. & H. Produce Company. 2. A. Arena & Co., Ltd. 3. American Fruit Growers, Inc. 4. M. O. Best, an individual doing business as M. O. Best Company. 5. Fred R. Bright, an individual doing business as Fred R. Bright Company. 6. Bruce Church, an individual doing business as Bruce Church Co. 7. J. P. Carter. 8. Crown Packing Company. 9. C. P. Denny. 10. Dorman Farms Company. 11. Alex E. Engleman. 12. Farley Fruit Company. 13. Farmers Produce Co., Ltd. 14. J. E. Fitz-Gerald and Abraham Litrov, co-partners doing business under the name of Fitz-Gerald and Litrov. 15. Charles Freedman and O. J. Jennings, co-partners doing business under the name of Charles Freedman. 16. Albert A. and Louise Gargiulo, co-partners doing business under the name of Albert A. Gargiulo. 17. The S. A. Gerrard Co. Inc. 18. Golden Valley Produce Co., Ltd. 19. M. A. Gotfried, an individual doing business as M. A. Gotfried Co. 20. Fred G. Hilvert Co., a common law trust. 21. E. B. Hunter. 22. Imperial Garden Growers. 23. Frank Naruto & Co., Ltd. 24. Joseph Palmisano, an individual doing business as Joseph Palmi- sano Company. 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 25. Floyd N. Smith and Wayne Thornburg, co-partners doing business under the name of Smith-Thornburg Co. 26. George Swink. 27. A. Levy & J. Zentner Co. 28. Elmer Hartner and Calvin Kunz, co -partners doing business under the name of Western Vegetable Distributors. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Direction of Elections. [SAME TITLE] SECOND SUPPLEMENTAL DECISION AND DIRECTION OF ELECTIONS January 20, 1940 On June 28, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Direction of Elections, and Order in this case.- The Direction of Elections directed that elections by secret ballot be conducted under the direction and supervision of the Re- gional Director for the Twenty-first Region (Los Angeles, California) at such time as the Board might in the futuie direct: (1) among speci- fied employees 2 of each of the employers listed in Appendix "A," re- spectively, to determine whether or not they desire to be represented by Fresh Fruit & Vegetable Workers, Local No. 78, United Cannery, Agricultural, Packing and Allied Workers of America, affiliated with the Congress of Industrial Organizations, herein called the United, for the purposes of collective bargaining; and (2) among such speci- fied employees 3 of each of the employers listed in Appendix "B," re- spectively, to determine whether they desire to be represented by the United, or by Fruit &. Vegetable Packers Association of California, herein called the Association, for the purposes of collective. bargaining, or by neither. On January 15, 1940, the Board issued a Supplemental Decision and Direction of Elections in which it directed that the elections among employees of employers listed in Appendix "A" be held not later than January 25, 1940, and stated that inasmuch as the - 13 N. L. R. B. 411. All receivers , truckers , trimmers , packers, crate liners , icemen , lidders, carloaders, and others employed , during a pay-roll peribd to be determined by the Board at a future date, as packing -shed workers in the packing and shipping of lettuce in the Imperial Valley district of California , or at Somerton , Arizona, excluding office help , foremen, teamsters, boxmakers , and employees who, between the pay-roll date to be determined by the Board and the date of the election , have quit or been discharged for cause. 3 See footnote 2, supra. GEORGE G. AVER-ILL 431 Regional Director had informed the Board that the United did not wish to participate in the elections among employees of employers listed in Appendix "B," and that the Association had failed to reply to an inquiry whether it desired that such elections be held, the Board would proceed at that time with elections among employees of em- ployers listed in Appendix "A" only. After the issuance of such Supplemental Decision and Direction of Elections the Association notified the Board that it desires that elec- tions be held immediately among the employees of employers listed in Appendix "B." 4 It appears, however, that on January 5, 1940, the United filed with the Regional Director charges alleging that, on and since December 20, 1939, 20 of the employers listed in Appendix "B," through their foremen and other supervisory employees, by telling members of the United in their employ that they must become members ,of the Association' in order to receive employment during the lettuce- packing season, had engaged in and were engaging in unfair labor practices within the meaning of Section 8 (1) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449.5 The Regional Director has not completed his investigation of the charges. Under the circumstances we shall not now set the date for the elections among the employees of such employers. We shall, however, proceed with elections among employees of such of the employers listed in Appen- dix "B," as to whom no charges have been filed.e In view of the possi- bility that the current lettuce-packing season will be curtailed we shall direct that such elections be held not later than January 30, 1940. We shall further direct that eligibility to vote shall be determined by ref- erence to the pay rolls of the respective employers for the period last preceding the date of this Second Supplemental Decision and Direc- tion of Elections. If the United desires to have its name removed from the ballot to be used in these elections it should notify the Board to that effect within 5 days of the date of this Second Supplemental Decision and Direction of Elections. SECOND SUPPLEMENTAL 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby ' The Association asserted that it had not received the Regional Director's inquiry dated January 6, 1940, until January 17. The 20 employers against whom charges have been filed are listed in Appendix "C." The eight employers against whom no charges have been filed are listed in Appendix 11 11 432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining, elections by secret ballot shall be conducted as soon as possible but not later than January 30, 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 all the receivers, truckers, trimmers, packers, crate liners, icemen, lidders, carloaders, and others employed as packing-shed workers in the packing and shipping of lettuce in the Imperial Valley district of California, or at Somerton, Arizona, who were employed, during the pay-roll period last preceding the date of this Second Supplemental Direction of Elections, by each of the employers listed in Appendix "D," respectively, excluding office help, foremen, teamsters, box- makers, and employees who have since quit or been discharged for cause, to determine whether such employees desire, in the case of each such employer, to be represented by Fresh Fruit & Vegetable Workers, Local No. 78, United Cannery, Agricultural, Packing and Allied Workers of America, affiliated with the Congress of Industrial Organizations, or by Fruit & Vegetable Packers Association of Cali- fornia, for the purposes of collective bargaining, or by neither. APPENDIX "A" 1. George G. Averill. 5. M. E. Thornburg, an individ- 2. Hunter Johnson. ual doing business as Thor 3. McDaniel & Sons, Inc. Packing Company. 4. Lewis A. Terven. APPENDIX "B" 1. V. Honda & A. Aisawa, co-partners doing business under the name of A. & H. Produce Company. 2. A. Arena & Co., Ltd. 3. American Fruit Growers, Inc. 4. M. O. Best, an individual doing business as M. O. Best Company. 5. Fred R. Bright, an individual doing business as Fred R. Bright Company. 6. Bruce Church, an individual doing business as Bruce Church Co. 7. J. P. Carter. 8. Crown Packing Company. 9. C. P. Denny. 10. Dorman Farms Company. 11. Alex E. Engleman. 12. Farley Fruit Company. GEORGE G. AVERILL 433 13. Farmers Produce Co., Ltd. 14. J. E. Fitz-Gerald and Abraham Litrov, co-partners doing busi- ness under the name of Fitz-Gerald and Litrov. 15. Charles Freedman and 0. J. Jennings, co-partners doing business under the name of Charles Freedman. 16. Albert A. and Louise Gargiulo, co-partners doing business under the name of Albert A. Gargiulo. 17. The S. A. Gerrard Co. Inc. 18. Golden Valley Produce Co., Ltd. 19. M. A. Gotfried, an individual doing business as M. A. Gotfried Co. 20. Fred G. Hilvert Co., a common law trust. 21. E. B. Hunter. 22. Imperial Garden Growers. 23. Frank Naruto & Co., Ltd. 24. Joseph Palmisano, an individual doing business as Joseph Palmi.- sano Company. 25. Floyd N. Smith and Wayne Thornburg, co-partners doing busi- ness under the name of Smith-Thornburg Co. 26. George Swink. 27. A. Levy & J. Zentner Co. 28. Elmer Hartner and Calvin Kunz, co-partners doing business under the name of Western Vegetable Distributors. APPENDIX "C" 1. V. Honda & A. Aisawa, co-partners doing business under the name of A. & H. Produce Company. 2. A. Arena & Co., Ltd. 3. American Fruit Growers, Inc. 4. M. 0. Best, an individual doing business as M. 0. Best Company. 5. Fred R. Bright, an individual doing business as Fred R. Bright Company. 6. Bruce Church, an individual doing business as Bruce Church Co. 7. Crown Packing Company. 8. Alex E. Engleman. 9. Farley Fruit Company. 10. Farmers Produce Co., Ltd. 11. J. E. Fitz-Gerald and Abraham Litrov, co-partners doing busi- ness under the name of Fitz-Gerald and Litrov. 12. Charles Freedman and 0. J. Jennings, co-partners doing business under the name of Charles Freedman. 13. Albert A. and Louise Gargiulo, co-partners doing business under the name of Albert A. Gargiulo. 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 14. The S. A. Gerrard Co. Inc. 15. Golden Valley Produce Co., Ltd. 16. Fred G. Hilvert Co., a common law trust. 17. Frank Naruto & Co., Ltd. 18. Floyd N. Smith and Wayne Thornburg, co-partners doing busi- ness under the name of Smith-Thornburg Co. 19. A. Levy & J. Zentner Co. 20. Elmer Hartner and Calvin Kunz, co-partners doing business under the name of Western Vegetable Distributors. APPENDIX "D" 1. J. P. Carter. 5. E. B. Hunter. 2. C. P. Denny. 6. Imperial Garden Growers. 3. Dorman Farms Company. 7. Joseph Palmisano, an individ- 4. M. A. Gotfried, an individual ual doing business as Jo- doing business as M. A. Got-, seph; Palmisano Company. fried Co. 8. George Swink. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Supplemental Decision and Direction of Elections. 19 N. L. R. B., No. 50a.