Jameson Co.

National Labor Relations Board - Board Decisions

Aug 13, 1940

26 N.L.R.B. 550 (N.L.R.B. 1940)

,In, the Matter Of JAMESON COMPANY and CORONA CITRUS WORKERS
INDUSTRIAL UNION, LOCAL #342 OF THE UNITED CANNERY, AGRI-
CULTURAL, PACKING AND ALLIED WORKERS OF AMERICA, C. I. O.
Case No. R-1870
ORDER DISMISSING PETITION WITH LEAVE TO-.
REINSTATE PROCEEDINGS
August 13, 1940
On-July 3, 1940, the National Labor Relations Board, herein called
the Board, issued its Decision and Direction of Election in the above-
entitled proceedings,' wherein it directed that an election by secret
ballot be conducted among employees of Joy G. Jameson, Miriam W.
Jameson, Eloise Jameson, and Adelaide Jameson, copartners doing
business under the trade name and style of Jameson Company,
Corona, California, herein called the- Company; provided, however,
that Corona Citrus Workers Industrial Union, Local #342 of the
United Cannery, Agricultural, Packing and Allied Workers of Amer-
ica, C. I. 0., the petitioning and sole labor organization interested in
such election, herein called the Union, file herein a certain statement in
substance and in effect as in said Direction set forth. On July 15 the
Union filed such a statement, a copy of which was duly served upon
the Company.
On July 25 the Union lodged with the Board its written application
for an amendment by the Board of the Decision and Direction of
Election, to the effect that the election therein directed be postponed
until some time between January 1 and March 31, 1941. The Union
states in support of its application that less than one-half of the per-
sons usually employed by the respondent are presently working. In
the Decision we pointed out that employment with the Company was
seasonal, dependent upon the maturity of the various fruits and grove
conditions.
We construe the application for a postponement, in the light of the
representations therein made, as a request by the Union that in any
event no election be held herein prior to January 1, 1941. In view of
the uncertainty of the Union's status as collective bargaining agency
of employees of the Company on and after January 1, 1941, we shall
'25N.L R B 64
26 N. L. R. B., No. 57.
550
JAMESON COMPANY 551
dismiss the petition for investigation and certification. However, the
Union may, if it so desires, reinstate the proceedings herein upon the
terms and under the conditions set forth in the Order. For purposes
solely of such reinstatement, jurisdiction over these proceedings
herein is reserved.
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
the National Labor Relations Board hereby orders that the petition for
investigation and certification of representatives of employees of Joy
G. Jameson, Miriam W. Jameson, Eloise Jameson, and Adelaide
Jameson, copartners doing business under the trade name and style
of Jameson Company, Corona, California, filed herein by Corona
Citrus Workers Industrial Union, Local #342 of the United Cannery,
Agricultural, Packing and Allied Workers of America, •C. I: O:, and'the
proceedings herein, be, and the same hereby are, dismissed; provided,
that leave be, and the same hereby is, granted to the said Corona
Citrus Workers, Industrial Union, Local #342 of the United Cannery,
-Agricultural, Packing and Allied Workers of America, C. I. 0., upon a
showing made to the Regional Director or the Board 'of, substantial
representation by itself for the purposes of collective bargaining among
employees in the collective bargaining unit heretofore found in- these
proceedings to be appropriate, to file with the National Labor Rela-
tions Board in Washington, D. C., an application in writing requesting
that the proceedings herein, including said petition for investigation
and certification, be reinstated nunc pro tunc as of July 3, 1940, that
an election by secret ballot be held among all employees within said
unit to determine whether or not said Union is the statutory represent-
ative of said employees, and that further action consistent therewith
and upon the petition and record be had, provided further said applica-
tion be filed not later than March 31, 1941.
MR. WM. M. LEISERSON, dissenting:
I am of the opinion that the petition should be dismissed, without
prejudice to the right of the petitioning union to file another petition.