Kern County Dehydrating Co.

National Labor Relations Board - Board Decisions

Nov 29, 1943

53 N.L.R.B. 942 (N.L.R.B. 1943)

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In the Matter of KERN COUNTY DEHYDRATING CO. and TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL No. 87 , INTERNA-
TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA, A . F. OF L. -
Case No. 01-R-2100.-Decided November 29, 1943
Mr. T. H. Werdel, of Bakersfield, Calif., Mr. Robert Franklin, of
Fresno, Calif., and Mr. E. H. Rawl, of Bakersfield, Calif., for the
Company.
Mr. James F. Galliano, of Oakland, Calif., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Teamsters, Chauffeurs, Warehousemen
& Helpers, Local No. 87, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, A. F. of L., herein
called the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Kern County Dehydrat-
ing Co., Bakersfield, California, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before William B. Esterman, Trial Examiner. Said
hearing was held at Bakersfield, California, on November 8, 1943. The.
Company and the Union appeared, participated, and 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
Kern County Dehydrating Co. is a California corporation with its
principal place of business at Bakersfield, California, where it is
,53 N. L. R. B., No. 177.
942
KERN COUNTY DEHYDRATING CO. 943
engaged in dehydrating vegetables. From June to November 1943,
the Company purchased potatoes valued at about $250,000, over 27
percent of which was shipped to it from points outside the State of
California. During the same period the Company purchased ma-
chinery valued at about $36,000, over 40 percent of which was shipped
to it from points outside the State of California. The Company's
entire output is delivered to the United States Government at Bakers-
field, California, for distribution by various Federal agencies. The
Company admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Teamsters, Chauffeurs, Warehousemen & Helpers, Local No. 87,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate?
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
We find, in substantial agreement with a stipulation of the parties,
that all hourly paid production and maintenance employees at the
dehydrating plant of the Company at Bakersfield, California, includ-
ing monthly paid carpenters, mechanics, and boiler operators, but ex-
cluding guards, monthly paid employees not specifically included, shift
foremen , superintendents, assistant superintendents, warehouse fore-
men, and any other supervisory employees with authority tQ hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
' The Field Examiner reported that the Union submitted 129 application -for-membership
cards bearing apparently genuine signatures of persons whose names appear on the
October 28, 1943, pay roll of the Company . There are 422 employees in the appropriate
unit.
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
During the first week of November 1943, the Company laid off ap-
proximately 120 employees, due to the necessity for major changes in
its operations requiring tests and technical investigations. The Com-
pany stated that it intended to resume operations with its full comple-
ment of employees within a few weeks after the hearing and that all
of its laid-off employees will be offered employment. Under these cir-
cumstances , we find that the employees laid off because of the change
in operations are only temporarily laid off and have an interest in the
election, and are therefore eligible to vote.
DIRECTION OF ELECTION
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, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kern County
Dehydrating Co., Bakersfield, California, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and supervi-
sion of the Regional Director for the Twenty-first Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11 of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause and
who have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
Teamsters, Chauffeurs, Warehousemen & Helpers, Local No. 87, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, A. F. of L., for the purposes of collective
bargaining.