39 N.L.R.B. 754 (N.L.R.B. 1942)

Growers-Shippers Labor Committee of Imperial Valley

National Labor Relations Board - Board DecisionsMar 13, 1942

39 N.L.R.B. 754 (N.L.R.B. 1942)

In the Matter of GROWERS-SHIPPERS LABOR COMMITTEE OF IMPERIAL VALLEY; A. & H. PRODUCE COMPANY; AMERICAN FRUIT GROWERS, INC.; A. ARENA & Co., LTD.; GEORGE C. AVERILL; M. 0. BEST COM- PANY; FRED R. BRIGHT COMPANY; J. P. CARTER; D'ARRIGO BROS. Co.; C. P. DENNY ; ALEx E. ENGLEMAN j FARLEY FRUIT COMPANY; FARMERS PRODUCE CO., LTD.; FITZ-GERALD & LITROV CHARLES FREED- MAN; ALBERT S. GARGIULO; H. P. GARIN CO.; S. A. GERRARD CO., INC.; GOLDEN VALLEY PRODUCE Co., LTD. M. A. GOTFRIED; FRED G. HILVERT Co.; E. B. HUNTER; IMPERIAL GARDEN GROWERS JACK BROS. AND MCBURNEY, INC.; A. LEVY & J. ZENTNER CO. JOSEPH MAGGIO; FRANK NARUTO & COMPANY, LTD. JOSEPH PALMISANO COM- PANY; RICHMAN & SAMUELS, INC. ; SANGUINETTI FRUIT CO.; SMITH- THORNBURG COMPANY; GEORGE SWINK; THOR PACKING COMPANY; MARTIN C. WAHL, INC.; WESTERN FRUIT GROWERS, INC. ; WESTERN VEGETABLE DISTRIBUTORS and FRUIT & VEGETABLE PACKERS & WARE- HOUSEMEN7S UNION, AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, A. F. L. Case No. B-3484.-Decided March 13, 1949 Jurisdiction : lettuce and carrot packing industry. Definition : employees engaged in packing lettuce and carrots held not to be agricultural laborers within the meaning of the Act. Practice and Procedure : petition dismissed where no question concerning repro sentation exists, the petitioner being unable to show substantial interest. Mr. Richard A. Perkins and Mr. Kenneth Cameron, for the Board. Mr. Ivan G. McDaniel and Mr. George C. Lyon, of Los Angeles, Calif., and Whitelaw d Whitelaw, by Mr. R. B. Whitelaw, of El Centro, Calif., for all the 'Employers except George Swink. Mr. Harry W. Horton, of El Centro, Calif., for George Swink. Mr. V. P. Lucas and Mr. Carl Windschanz, of Los Angeles, Calif., and Mr. F. M. Smith and Mr. Ray Magnus, of El Centro, Calif., for the Teamsters. Gallagher d Wirin, by Mr. Victor Kaplan, of Los Angeles, Calif., and Mr. Donald Henderson, of Chicago, Ill., and Mr. L. T. Cunning- ham, of El Centro, Calif., for the United. Mrs. Ida Alexander, Mrs. Roberta Hamrick, and Mr. George Ham- bert, of Calexico, Calif., for the Farley Committee. 39 N. L. R. B., No. 144. 754 GROWRM-iSEIIPPERRS LABOR COMMITTEE ' OF IMPEiRTAL VALLEY 755 Mr. Charles A. Mayo, Mr. Russell R. Finch , and Mr. James Arthur O'Leary, of El Centro , Calif., for the Freedman Committee. Mr. Oble McCaslin , Mr. Raymond Wisdom, Mr. M. Hanks Hem- bree, and Mr. G . L. McCarty , of Calexico , Calif., for the Besti Committee. Mr. Frederic B. Parkes, 2nd, of counsel to the Board. I DECISION AND ORDER - STATEMENT OF THE CASE On September 4, November 27, and December 12, 1941, respec- tively, Fruit & Vegetable Packers & Warehousemen's Union, affili- ated with International Brotherhood of Teamsters, Chauffeurs; Warehousemen & Helpers of America, A. F. L:, herein called the Teamsters, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition, an amended petition, and a second amended petition each alleging that a question affecting commerce had arisen concerning the representation of employees, respectively,, of Growers-Shippers Labor Committee of Imperial Valley, El Centro, California, herein called the Labor Committee, and of A. & H. Produce Company, Brawley, California; American Fruit Growers, Inc., Brawley, California; A. Arena & Co., Ltd., Brawley, California ; George G. Averill, Holtville, California; M. O. Best Company, El Centro, California; Fred R. Bright Company, El Centro,, California; J. P. Carter, Calexico, California; D'Arrigo Bros. Co., El Centro, California; C. P. Denny, Holtville, California; Alex E. Engleman, El Centro, California; Farley Fruit Company, Calexico,, California; Farmers Produce Co., Ltd., Brawley, Cali- fornia; Fritz-Gerald & Litrov, El Centro, California; Charles Freed- man, El Centro, California; Albert S. Gargiulo, Brawley, Cali- fornia; H. P. Garin Co., El Centro, California; S. A. Gerrard Co., Inc., Brawley, California; Golden Valley Produce Co., Ltd., El Centro, California; M. A. Gotfried, Holtville, California; Fred G. Hilvert Co., Brawley, California; E. B. Hunter, Calexico, Cali- fornia; Imperial Garden Growers, El Centro, California; Jack Bros. and McBurney, Inc., Brawley, California; A. Levy & J. Zentner Co., El Centro, California; Joseph Maggio, Holtville, California; Frank Naruto & Company, Ltd., Holtville, California; Joseph Palmisano Company, El Centro, California; Richman & Samuels, Inc., Brawley, California; Sanguinetti Fruit Co., El Centro, California; Smith- Thornburg Company, Holtville, California; George Swink, Brawley, California; Thor Packing Company, Holtville, California; Martin 756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD C. Wahl, Inc., El Centro, California; Western Fruit Growers,, Inc., Brawley,,California; and Western Vegetable Distributors; El Centro, California,' herein collectively called the Companies, and requesting investigations and certifications of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49, Stat. 449, herein called the Act. On January 9, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 12 and 15, 1942, respectively, the Regional Director is- sued a notice of hearing and an order. postponing hearing, copies of which were duly served upon the Labor Committee, the Companies,' and the Teamsters, and upon United Cannery, Agricultural Packing Allied Workers of America, Local 78, C. I. 0., herein called the United,' and Fruit & Vegetable Packers Association of California, labor organizations claiming to represent employees directly affected by* the investigation. Pursuant to notice, a hearing was held on January 26, 27, 28, and 29, 1942, at El Centro, California, before A. Bruce Hunt, the Trial Examiner duly designated by the Chief Trial Examiner. At the hearing, Packing House Employees Com- mittee of Farley Fruit Company, herein called-the Farley Committee, and Packing House Employees Committee of Charles Freedman, herein called the Freedman Committee, each filed a motion to inter- vene, which was granted by -the Trial Examiner. American Fruit Growers, Inc.; George G. Averill; M. O. Best Company; Fred R. Bright Company; Alex E. Engleman; Farley Fruit Company; Farm- ers Produce Co., Ltd. ; Fitz-Gerald & Litrov; Charles Freedman; Albert S. Gargiulo ; H. P. Garin Co.; S. A. Gerrard Co., Inc. ; Fred G. Hilvert Co. ; 'Joseph Maggio ; Joseph Palmisano Company ; Rich- man &. Samuels, Inc.; George Swink; Thor Packing Company; Martin C. Wahl, Inc.; Western. Fruit Growers, Inc.; and Western Vegetable Distributors, herein collectively called the Employers, the Board, the Teamsters, the United, the Farley Committee, and the 'Fred R Bright Company ; Farmers Produce Co, Ltd.; Albert S. Gargiulo ; S A. Gerrard Co , Inc ; Golden Valley Produce Co, Ltd ; M. A Gotfried ; Fred G. Hilvert Co ; Jack Bros and McBurney, Inc ; A. Levy & J. Zentner Co : Frank Naruto & Company, Ltd. ; Richman & Samuels, Inc ; Martin C Wahl, Inc. ; and Western 'Fruit Growers, Inc, were erroneously designated in the formal papers as Fred R. Bright; Farmers Produce Company, Ltd. ; Albert S. Gargmlo ; Golden Valley Produce Company, Ltd ; M. A. Gotfried Company ; Fred G. Hilvert Company.; Jack Bros. and McBurney ; A. Levy & J. Zentner Company ; Frank Maruto & Company, Ltd. ; Richmond-Samuels Co. ; Martin C. Wahl ; and Western Fruit Growers, respectively. These errors corrected by amendment at the hearing. a It appears that D'Arrigo Bros Co. did not receive notice of hearing, but it was a member of the, Labor Committee which was duly served with all formal papers. GROWERS-Sâ€¢HIPPE 'RS LABOR COMMITTED OF IMPEiRQAL VALLEY 757 Freedman Committee were represented and participated in the hear- ing.3 Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was af- forded all parties. During the course of the hearing, the Employers moved that the petitions be dismissed' for several reasons.4 The Trial Examiner reserved ruling on the motion for the Board. The motion is hereby denied.5 The United moved that the petition be dismissed as' to those Employers named therein for whose employees the United had previously been certified by the Board as the statutory representa- tive,Â° since the conditions in the Imperial Valley district of California have not changed since the date of those certifications and since the United still represented a majority of the employees of those Em- ployers. The Trial Examiner reserved ruling on the motion for the Board. As we hereinafter order the dismissal of the petition on other grounds, we find it unnecessary to pass upon the United's motion for dismissal.7 During the course of the hearing, the Trial Examiner made various rulings on other motions and on objections to the ad- mission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. - The rulings are hereby affirmed. On February 18, 1942, the Employers filed a brief which the Board has considered. On February 18, 1942, the Employers filed with the Board a motion to correct transcript. ' . Neither Fruit & Vegetable Packers -Association of California nor the following Com- panies which are no longer growing and packing lettuce and carrots in Imperial Valley appeared at the hearing : A & H. Produce Company ; A . Arena & Co., Ltd. ; J P . Carter ; D'Arrigo Bros ., Co ; C. P Denny ; Golden Valley Produce Co ., Ltd ; M . A Gotfried ; E. B. Hunter ; Imperial Garden Growers ; Jack Bros . and McBurney , Inc , A . Levy & J. Zentner Co.; Frank Naruto & Company , Ltd. ; Sanguinetti Fruit Co ; and Smith-Thornburg Company. George Swink appeared for the purpose of stating that he was no longer engaged in growing and packing lettuce and carrots in the Imperial Valley. The Labor Committee was dissolved on January 5, 1942, and did not appear at the hearing. * The Employers relied on the following grounds in its motion to dismiss the petition : (1) the employees concerned herein are agricultural laborers within the meaning of the Act and are therefore exempt from the jurisdiction of the Board ; ( 2) a question concerning representation has not arisen since the original petition shows that the Teamsters does not represent a majority or even a substantial number of the employees in the requested unit; ( 3) the Board is without jurisdiction ; and (4 ) Jones & Cavanaugh , a firm of lettuce growers who were members of the Labor Committee, was not made a party to this proceeding. , 5 In accordance with our previous decision involving employees engaged in lettuce -packing sheds in the Imperial Valley district of California , we' find that the employees involved herein are not agricultural laborers and hence are employees within the meaning of the Act, since no persuasive evidence was introduced at the hearing to necessitate a departure from our former ruling. See Matter of George G. Averill et at. and Fresh Fruit it Vegetable Workers Union , 'Local 78, C I 0.,,13 N. L R B. 411. As to the second argument, the amended petitions, which allege that the Teamsters represents 1300 of the 2000 em- ployees in the unit alleged to be appropriate , cure any such defect which may have existed in the original petition . In regard to the third contention , the employees , as we previously found, and the Employers , as indicated , in Section I, infra, are clearly within the Board's jurisdiction . We find it unnecessary to pass upon the last reason relied upon by the Employers , since we hereinafter , order the dismissal of the petition on other grounds. Â° See Matter of George G. Averill et al. and Fresh Fruit if Vegetable Workers Union, Local 78,,C. I . 0., 19'N L . R. B 101, 20 N . L. R. B. 105, 115, 117 , and 21 N. L. R B. 849 7 See Section III, infra. ,758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Since the errors in the transcript are not material and pertain to matters not relied upon by the Board in reaching its decision, the motion is hereby denied. FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYERS American Fruit Growers, Inc.; George G. Averill; M. 0. Best Company; Fred R. Bright Company; Alex E. Engleman; Farley Fruit Company;-Farmers Produce Co., Ltd.; Fitz-Gerald & Litrov; Charles Freedman; Albert S. Gargiulo; H. P. Garin Co.; S. A. Gerrard Co., Inc.; Fred G. Hilvert Co.; Joseph Maggio; Joseph Palmisano Company; Richman & Samuels, Inc.; Thor Packing Company;' Martin C. Wahl, Inc.; Western Fruit Growers, Inc.; and Western Vegetable Distributors are individually engaged in the business of packing lettuce and carrots in the Imperial Valley dis- trict of California. They stipulated at the hearing that "from 80 percent to 90 percent of the lettuce and carrots that are packed in the lettuce-sheds that are under investigation in this hearing, whether sold on consignment or f. o. b. to the shipping point, even- tually finds its way out of the State of California into interstate commerce." The Employers may be classified in the following three categories dependent upon their method of operation: (1) those Employers who lease or own the land on which their lettuce and carrots are grown and who pack only the lettuce and carrots which they grow; 8 (2) those Employers who raise their lettuce and carrots by making cash advances to a person or persons who grow it under the Em- ployers' supervision and control,' and those Employers who buy growing crops of lettuce and carrots and thereafter mature and har- vest them; s (3) those Employers who operate partially in the first manner and partially in the second.'Â° II. THE ORGANIZATIONS INVOLVED Fruit & Vegetable Packers & Warehousemen's Union is a labor organization admitting to membership employees of the Employers. It is affiliated with International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers of America, which in tarn is an affiliate of the American Federation of Labor. 8 American Fruit Growers , Inc. ; George G Averill ; M . O. Best Company ; Fred R . Bright Company ; Farley Fruit Company ; Farmers Produce Co., Ltd ; Fitz -Gerald & Litrov ; Albert S. Gargiulo ; H. P. Garin Co .; S. A. Gerrard Co., Inc. ; Fred G. Hilvert Co ; Joseph Palmisano Company ; Richman & Samuels, Inc . ; Thor Packing Company ; Martin C. Wahl,,Inc. ; Western Fruit Growers, Inc . ; and Western Vegetable Distributors operate in this manner. Only Joseph Maggio is within this category io Alex E. Engleman and Charles Freedman fall in this classification. G'ROWER'S'-SBTPPE'RS LABOR CO'NIlVIIPPBE OF I=RTAL 1 AIjIiE'Y 759 United Cannery, Agricultural Packing Allied Workers of Amer- ica, Local 78, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Employers. Packing House Employees Committee of Farley Fruit Company is an unaffiliated labor organization, admitting to membership the employees of Farley Fruit Company. Packing House Employees Committee of Charles Freedman is an unaffiliated labor organization, admitting to membership the em- ployees of Charles Freedman. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION The Teamsters in its second amended petition alleges that "all re- ceivers, truckers, trimmers, packers, crate liners, icemen, lidders, car loaders, truck drivers and others employed as packing shed workers, engaged in the processing of lettuce and carrots, excluding office help, foremen and box makers, all such employees of the Employers named herein who are affiliated to the Growers-Shippers Labor Com- mittee of Imperial Valley," constitute an appropriate unit.- At the hearing, the Teamsters contended alternatively that if the Board found the unit requested in the petition to be inappropriate, the above-mentioned employees of each of the Employers constitute an appropriate unit. A statement prepared by the Trial Examiner and introduced into evidence at the hearing shows that the Teamsters does not represent a substantial number of employees in the unit requested in its second amended petition," namely the Labor Committee unit.13 With few exceptions, no substantial interest was shown by the Teamsters among the individual Employers. In regard to those Employers where a substantial showing of membership was made, we are of the opinion'that it will serve no useful purpose to order elections at the present time inasmuch as the 1942 season for packing lettuce and carrots is almost finished in the Imperial Valley district of Cali- f ornia.14 Nor do we find it now expedient to order an election or elections to be conducted sometime next season, since the record dis- closes that the same Employers do not operate each year and that there is a substantial turn-over of employees from season to season. n The Labor Committee was formed by approximately 28 lettuce and carrot growers in the Imperial Valley district of California on or about January 15, 1941, for the purpose of appointing a committee to negotiate with the United, which had previously been certified by the Board as the bargaining agent for the employees of most of the signers of the agreement On January 5, 1942, the Labor Committee w as formally dissolved Footnote 12 appears on the following page 13 In view of the dissolution of the Labor Committee and the small showing made by the Teamsters , we find it unnecessary to pass upon the question of the appropriateness of the Labor Committee unit 14 Cf. Matter of Fruco Construction Company, Fruin-Colnon Contracting Co. and The Massman Construction Company and International Federation of Technical Engineers', Architects, and Draftsmen 's Union, Local 23 A. F. L, 38 N L R. B. 791. 760 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD â€¢ Accordingly, we find that no question has arisen concerning the representation of employees of the Employers. - We shall dismiss the petition without prejudice to refiling at a time which will make possible a reasonably early election in a succeeding season. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION OF LAW No question has arisen concerning the representation of employees of Growers-Shippers Labor Committee of Imperial Valley, El Centro, California; A. & H. Produce Company, Brawley, California; American Fruit Growers, Inc., Brawley, California; A. Arena & Co., Ltd., Brawley, California; George G. Averill, Holtville, Cali- fornia; M. 0. Best Company, El Centro, California; Fred R. Bright Company, El Centro, California; J. P. Carter, Calexico, California; D'Arrigo Bros. Co., El Centro, California; C. P. Denny, Holtville, California; Alex E. Engleman, El Centro, California; Farley Fruit Company, Calexico, California ; Farmers Produce Co., Ltd., Brawley, 12 The following tabulation sets forth the Trial Examiner 's statement Company Payroll dated Total employ- ees on pay roll No. AFL cards submit- red Cards dated AFL cards bearing signatures of persons on pay roll Farmers Produce Co., Ltd ________________ 1/14/42 â€¢ 75 None __ ___________ None American Fruit Growers, Inc______________ 1/12/42 90 None _ Thor Packing Company_ __________________ 1/12/42 44 None ------------- None Fitz-Gerald & Lrtrov______________________ 1/12/42 52 None _____________ None Albert S . Gargiulo_________________________ 1/17/42 33 None ------------- None M. O. Best Company _____________________ 1/27/42 105 19 2 Jan . '41___ 4 17 Feb '41- S. A Gerrard Co., Inc____________________ 1/12/42 59 36 12 undated- 24 Feb . '41- 18 Richman & Samuels Inc___________________ 1/12/42 87 2 Feb '41____ 2 Fred G Hilvert Co________________________ 1/15/42 102 2 Jan . '41_ 0 Alex E Engleman ---- ------------------- -- 1/15/42 72 58 49 Jan '41- 8 Feb '41- I Mar '41. 25 Joseph Palmisano Company_______________ 1/15/42 76 6 2undated__ 4 Feb '41__ 0 Western Fruit Growers, Inc _______________ 1/15/42 68 69 Feb.'41____ 25 Martin C. Wahl, Inc ______________________ 1/15/42 1 81 55 Jan. to Mar 2 23 '41 Fred R Bright Company________________ 1/15/42 98 58 Jan to 21 Mar '41 Western Vegetable Distributors ----------- 1/15/42 64 36 1 undated.. 35 Feb. '41_ 15 Joseph Maggio______________ ____ 1/15/42 21 9 1 Jan 141--- 8 Feb '41__ - 1 Charles Freedman _________________________ 1/15/42 201 10 Jan. to Mar. '41 0 George G Averill----------- ---------- ---- 1/17/42 49 1 Feb '41-=__ 0 H P. Garin Co ____________________________ 1/17/42 91 77 2 undated__ 75 Feb '41_ 20 Farley Fruit Company ____________________ 1/15/42 32 21 Jan '41____ 5 Total-------------------------------- --------- 1,500 461 ------------- 159 1 2 withdrawal card"s. 2 One of withdrawal card signatures. GROWERS-SHIPPERS LABOR COMMITTEE OF IMPERIAL VALLEY 761 California; Fitz-Gerald & Litrov, El- Centro, California; Charles Freedman, El Centro, California ; Albert S. Gargiulo, Brawley, Cali- fornia; H. P. Garin Co., El Centro, California; S. A. Gerrard Co., Inc., Brawley, California; Golden Valley Produce Co., Ltd., El Centro, California; M. A. Gotfried, Holtville, California; Fred G. Hilvert Co., Brawley, California; E. B. Hunter, Calexico, Cali- fornia; Imperial Garden Growers, El Centro, California; Jack Bros. and McBurney, Inc., Brawley, California; A. Levy & J. Zentner Co., El Centro, California; Joseph Maggio, Holtville, California; Frank Naruto & Company, Ltd., Holtville, California; Joseph Palmisano Company, El Centro, California; Richman & Samuels, Inc., Brawley, California ; Sanguinetti Fruit Co., El Centro, California ; Smith- Thornburg Company, Holtville, California ; George Swink, Brawley, California ; Thor Packing Company, Holtville, California ; Martin C. Wahl, Inc., El Centro, California; Western Fruit Growers, Inc., Brawley, California; and Western Vegetable Distributors, El Centro, California, within the meaning of Section 9 (c) of the National, Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of em- ployees of Growers-Shippers Labor Committee of Imperial Valley, El Centro, California ; A. & H. Produce Company, Brawley, Cali- fornia; American Fruit Growers, Inc., Brawley, California; A. Arena & Co., Ltd., Brawley, California ; George G., Averill, Holt- Ville, California; M. O. Best Company, El Centro, California; Fred R. Bright Company, E1 Centro, California; J. P. Carter, Calexico, California; D'Arrigo Bros. Co., El Centro, California; C. P. Denny, Holtville, California; Alex E. Engleman, El Centro, California; Far- ley Fruit Company, Calexico, California; Farmers Produce Co., Ltd., Brawley, California; Fitz-Gerald & Litrov, El Centro, Cali- fornia; Charles Freedman, El Centro, California; Albert S. Gargiulo, Brawley, California, H. P. Garin Co., El Centro, Cali- fornia; S. A. Gerrard Co., Inc., Brawley, California; Golden Valley Produce Co., Ltd., El Centro, California ; M. A. Gotfried, Holtville, California; Fred G. Hilvert Co., Brawley, California; E. B. Hunter, Calexico, California ; Imperial Garden Growers, El Centro, Cali- fornia; Jack Bros. and McBurney, Inc., Brawley, California; A. Levy & J. Zentner Co., El Centro, California; Joseph Maggio, Holtville, California; Frank Naruto & Company, Ltd., Holtville, California; Joseph Palmisano Company, El Centro, California; Richman & Samuels, Inc., Brawley, California; Sanguinetti Fruit Co., El Centro, California; Smith-Thornburg Company, Holtville, Cali- 762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fornia; George Swink, Brawley; California; Thor Packing Com- pany, Holtville, California; Martin C. Wahl, Inc., El Centro, Cali- fornia; Western Fruit Growers, Inc., Brawley, California; and Western Vegetable Distributors, El Centro, California, filed by Fruit & Vegetable Packers & Warehousemen's Union, affiliated with Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of'America, A. F. L., be, and it hereby is, dismissed. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Order.