J. R. Simplot Produce Co.

National Labor Relations Board - Board Decisions

Aug 10, 1944

57 N.L.R.B. 1258 (N.L.R.B. 1944)

In the Matter of J.' R .' SIMPLOT, BuRDELL CURTis , MRs. R. A. SIMPLOT,
AND JOHN D . SNOW , D/B/A J. R. SIMPLOT PRODUCE COMPANY, PAUL,
IDAHO; J. R. SIMPLOT , BURDELL CURTIS , MRS. R . A. SIMPLOT, AND
JOHN D . SNOW , D/B/A J. R. SIMPLOT PRODUCE COMPANY , DECLO,
IDAHO; CHARLES N. CAMPBELL AND FRANK S. CAMPBELL , D/B/A C. N.
CAMPBELL ' PRODUCE COMPANY , BURLEY ,
.
IDAHO; CHARLES N. CAMP-
BELL AND FRANK S. CAMPBELL, D/B/A C. N. CAMPBELL PRODUCE COM-
PANY , RUPERT , IDAHO L . L. CULBERTSON , RUPERT , IDAHO; J. R.
SIMPLOT, BURDELL CURTIs, MRS. R . A. SIMPLOT , AND JOHN D. SNOW,
D/B/A J. R. SIMPLOT PRODUCE COMPANY, RUPERT , IDAHO and INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFERS , WAREHOUSEMEN,
AND HELPERS OF AMERICA , LOCAL, 483' AND JOINT Cou u 167, A. F.
OF L.
Cases Nos.19-R-124 to 19-R-19d46 inclusive and 19-R-1269' '
SUPPLEMENTAL DECISION
CERTIFICATION OF- REPRESENTATIVES
AND
ORDERS
August' 10,1944.
.On April, 12, 1944, the National Labor Relations Board issued its
Decision, and Direction of Elections .in the above-entitled proceeding.)
Pursuant-to the Direction of Elections, elections by secret ballot were
conducted on May 4 and '5,• 1944, under-the direction and supervision of
the, Regional, Director. for the Nineteenth Region, Seattle, Washing-
ton. Upon the conclusion of the election, a Tally of Ballots was fur-
nished the parties in accordance with the Rules and Regulations of
the Board. ' ' -; , ^ ' " I - . ^ I . I
155 N. L. R. B. 1228.
57 N. L. R. B., No. 190.
1258
J. R. SIMPLOT ET AL. " 1259
As to the balloting and its results, the Regional Director reported
as follows :
J. M. Simplot Produce Company, Paul, Idaho, Case No. 19-R-1242:
'Eligible voters -------=--------------------------------- 6
Valid votes counted'-------- 2------------------------------ 4
Votes cast for International Brotherhood of Teamsters,
Chauffeurs, Warehousemen, and Helpers of Amer-
ica, Local 483, and Joint Council 67, A. F. of
Votes cast against the Union_____________________________ 3
Challenged ballots______________________________________ ' 0
Void ballots ------------------------------------------- 0
J. R. Simlilot Produce Company, Declo, Idaho, Case No. 19-R-1243:
Eligible voters ----------------------------------------- 25
Number voting------------------ ---------------- 14
Votes cast for the Union________________________________ 6
Votes•cast against the Union__- __________________________ . 8
Not voting = -------------- 11
C N. Campbell Produce Company, Burley, Idaho, Case No 19-R-1244:
Eligible voters------------------------------------------ 14
Number voting ----------------------------------------- 8
Votes cast for the Unioii----------- -------------- _------ 0
Votes cast against the Union_____________________________ 8
Not voting--------------------------------------------- - 6
C. N. Campbell Produce Company, Rupert, Idaho, Case No.
16--R-1245:
Eligible voters --------------------------------------- 25
Number voting ---------------------------- ----------------- 10
Votes cast for the ------------- --------------- 2
Votes cast against the Union_____________________________
Not voting
L L. 'Culbertson, Rupert, Idaho, Case No. 19-R-1246:
8
Eligible voters----------------------------------------- 7
Valid' votes counted______________________
Votes cast for, the+Union ------------------------- _------
. 1
es cast against the Union_____ _____1
I;• Challenged ballots------ - -- ---7
.
-- --------------------
Not'voting-------------------------- ----------
--- ----- -
4
J. R Simplot Produce Company, Rupert, Idaho, Case No. 19 R 1269:
Eligible voters ----------------------------------------- 27.
Valid votes counted_____________________________________ 19
•Votes cast for the Union______________---------- -------------------- 12
Votes'cast against the Union -------- - ___________--------- 7
Challenged ballots-------------------------------------- 2
Void' ballots -----------!------------------------------- 0
_
On May 10, 1944, the Union filed' Objections ' to 'the elections in
Cases Nos. 19-R-1243, 4, 5, and 6. Thereafter, on July 21, 1944, the
Regional Director issued his Report on Objections. No exceptions to
the, Report,have been filed by any of the parties. It appears from, the
2 Herein' called the Uriion.
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Report that at the time of the elections many of the eligible 'voters
were,not employed by the Companies, but were temporarily employed
on farms. We are of the opinion that all of the eligible voters did not
receive sufficient and adequate notice of the elections. Since in Case
No. 19-R-1244,- the-eligible voters, not, notified could not have affected
the results of the election, we shall dismiss the petition in that case.
However, in Cases Nos..19-R-1243, 5, and 6, the eligible voters not
notified could have affected the results of the elections; accordingly, we
shall set aside the elections in those cases. When the Regional Director
shall advise us that normal crews are again employed by the Com-
panies, we 'shall direct that new elections be held among such
employees.
Since in Case No. 19-R-1269 the Union has been selected by a major-
ity of the employees in the unit heretofore found to be appropriate
for collective bargaining, we shall certify the Union in that case.
Since in Case No. 19-R-1242 no collective bargaining representative
has been selected by a majority of the employees in the unit heretofore
found to be appropriate, we shall dismiss the petition in that case.
CERTIFICATION
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 International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, Local Union
483, and Joint Council 67, affiliated with the American Federation of
Labor, has been designated and selected by a majority of sorters, ware-
housemen, truck drivers and helpers of J. R. Simplot Produce Com-
pany, Rupert, Idaho, excluding clerical employees, head, sorters, and
all other 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, as their representative
for the purposes of collective bargaining, and that pursuant to Sec-
tion 9 (a) of the Act, the aforesaid organization is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
ORDERS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
_J. R. SIMPLOT ET AL. 1261
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 ORDERED that the petitions for investigation and certifi-
cation of representatives of employees of J. R. Simplot Produce Com-
pany, Paul, Idaho, and C. N. Campbell Produce Company, Burley,
Idaho, filed, by International Brotherhood of Teamsters, Chauffeurs,
Warehousemen•and Helpers of America, Local Union 483, and Joint
Council 67, affiliated with the American Federation of Labor, in cases
Nos. 19-R-1242 and 19-R-1244, respectively, be, and they hereby are
dismissed.
IT Is FIIRTHER,ORDERED'that the elections,held,on•,May 4 and 5; 1944,
in Cases Nos. 19-R-1243, 5, and 6, and the results thereof, be, and they
hereby are, vacated and set aside.
CHAIRMAN MILLIS took no part in the consideration of the above
Supplemental Decision, Certification of Representatives and Orders.