Laupahoehoe Sugar Co.

National Labor Relations Board - Board Decisions

Dec 7, 1948

80 N.L.R.B. 1102 (N.L.R.B. 1948)

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In the Matter of LAUPAHOEHOE SUGAR COMPANY , EMPLOYER and UNION
OF HAWAIIAN WORKERS, LOCAL 24405 ( AFL), PETYTIONER
Case No. 37-RC-14.-Decided December 7, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner is a labor organization, affiliated with the Ameri-
can Federation of Labor, claiming to represent employees of the
Employer.
International Longshoremen's and Warehousemen's Union, Local
143, Unit 5 (CIO), herein called the Intervenor, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, claim-
ing to represent employees of the Employer. Although the Inter-
venor is not in compliance with Section 9 (f), (g), and (h) of the
amended Act, the hearing officer granted its motion to intervene on
the basis of its contractual relationship with the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.'
'Chairman Herzog and Members Houston and Murdock.
' At the hearing, the Intervenor contended that this proceeding should be dismissed
because (a) the Intervenor's contract with the Employer operated as a bar, and (b) the
Petitioner had not made a proper showing of interest. The Petitioner's claim for recog-
nition was made on July 22, 1948, and its petition was filed on the following day. The
contract between the Intervenor and the Employer had expired and a new one was not
executed until September 8, 1948. The petition was therefore timely filed, and the contract
cannot constitute a bar As to the adequacy of the Petitioner's showing, it is well settled
that this is an administrative matter not subject to collateral attack by the parties to the
proceeding.
80 N. L. R. B., No. 170.
1102
LAUPAHOEHOE SUGAR COMPANY 1103
4. The following employees of the Employer constitute a• unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
All production and maintenance employees, including: (a) all em-
ployees engaged in transportation, including portable flume and porta-
ble track men, flume watchmen, cane and other truck drivers and their
helpers, railroad employees, sled drivers, and cane unloaders and
loaders at the transfer points; (b) all employees engaged in and
about the processing mill and mill yard, including such operations as
scaling, loading, unloading, washing, handling, cleaning, grinding,
heating, liming, clarification, filtration, evaporation graining, drying,
bagging, sewing, shipping, warehousing and delivery, molasses han-
dling, and chemical control, and including all employees engaged in
steam and power production, yardmen, boiling house oilers, utility men,
and flume switchmen; (c) all employees engaged in repair, mainte-
nance and new construction, including machinists, mechanics, welders,
bricklayers, masons, carpenters of all kinds, blacksmiths, shoeing
blacksmiths, tinsmiths, oilers, electricians, sweepers, utility men,
painters, plumbers, service station attendant, battery men, tire men,
field lubricators, sawmill attendants, railroad section gangs, road
maintenance cantoneers, road construction gangs, quarry gangs, power
shovel operators, and scraper operators ; (d) field scalers, plant cleri-
cal employees, warehouse employees, pump tenders, and hydroelectric
plant employees; but excluding all agricultural employees engaged in
the preparation of the land for planting, cultivating, fertilizing, irri-
gating, harvesting (including the loading by hand or by crane of the
cut cane onto the initial means of transporting the cane from the
fields), and the care of animals, garage bookkeeper, executives, general
office clerical employees, accounting department employees, personnel
department employees, medical department employees, timekeepers,
surveyors, engineers, employees engaged in research work, and drafts-
men, guards , professional employees, and supervisors as defined in the
amended Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Twenty-first Region, and sub-
ject to Sections 203.61 and 203.62 of National Labor Relations Board
' As the Intervenor is not in compliance with Section 9 ( f), (g), and (h) of the amended
Act, its name will not be placed on the ballot.
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Rules and Regulations-Series 5, as amended, among the employees in
the unit found appropriate in paragraph numbered 4, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction of Election , including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off , but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election , and also excluding employees
on strike who are not entitled to reinstatement , to determine whether
or not they desire to be represented , for the purposes of collective
bargaining , by Union of Hawaiian Workers, Local 24405 (AFL).