Lyons-Magnus, Inc.

National Labor Relations Board - Board Decisions

Mar 8, 1941

30 N.L.R.B. 141 (N.L.R.B. 1941)

In the Matter of LYONS-MAGNUS, INC., A CORPORATION and BAKERY &
CONFECTIONERY WORKERS UNION, BRANCH LOCAL 24; INTERNA-
TIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL 1-6
Case'No'. RE-20.-Decided March 8,1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. John Paul Jennings, for the Board.
Mr. Richard Goldman, of San Francisco, Calif., for the Company.
Mr. D. F. Maguire, of San Francisco, Calif., for the International.
Mr. Charles J. Janigian, of San Francisco, Calif., for Local 24.
Mr. Louis Colcin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 15, 1940, Lyons-Magnus, Inc., engaged in the busi-
ness of packing fruits and-syrup, and in manufacturing and packing
glace fruit, fruit extracts and bakery supplies at San Francisco,
California, herein called the Company, filed with the Regional
Director for the Twentieth Region (San Francisco, California) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of -employees of the Company, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On November 14, 1940, 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 October 16, 1940, the Company, International Long-
shoremen's and Warehousemen's' Union, Local 1-6, herein called the
International Bakery & Confectionery Workers Union, Branch Local
24, herein called Local 24, and counsel for the Board entered into
a "Stipulation for Certification Upon Consent Election."
30 N. L. R. B, No. 23.
141
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Stipulation, an election by secret ballot was
conducted on February 14, 1941, under the direction and supervision
of the Regional Director, among all production afid maintenance
employees at the San Francisco plant of the Company, excluding
supervisory, warehouse, office, and clerical employees, male employees
in the wine and cordial departments, and truck drivers, but in-
cluding working foremen, to determine whether said employees de-
sired to be represented by the International, by Local 24, or by
neither. On February 17, 1941, the Regional Director issued and
duly served upon the parties her Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
In her Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total number eligible to vote________________________________ 169
Number of votes for International Longshoremen's and Ware-
housemen's Union, Local 1-6, C. I. O_______________________ 124
Number of votes for Bakery & Confectionery Workers Union,
Branch Local 24, A. F. L_________________________________ 19
Number of votes for neither________________________________ 0
Total number of votes counted _______________________________ 143
Number of blank ballots_____________________________________ 2
Number of void ballots______________________________________ 1
Number of challenged ballots_______________________________ 7
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following::
FINDINGS OF FACT
1. A question affecting commerce has, arisen concerning the repre-
sentation of employees of Lyons-Magnus, Inc., San Francisco, Cali-
fornia, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees at the San Francisco
plant of the Company, excluding supervisory, warehouse, office, and
clerical employees, male employees in the wine and cordial depart-
ments, and truck drivers, but including working foremen, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. International Longshoremen's and Warehousemen's Union, Local
1-6, affiliated with the Congress of Industrial Organizations, has
been designated and selected by a majority of the employees in the
above unit and is their representative for the purposes of collective
bargaining, and is the exclusive representative of all employees in
such unit, within the meaning of Section 9 (a) of the National
Labor Relations Act.
LYONS-MAGNUS, INC.
CERTIFICATION OF REPRESENTATIVES
143
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,
IT IS HEREBY CERTIFIED that International Longshoremen's and
Warehousemen's Union, Local 1-6, affiliated with the Congress of
Industrial Organizations, has been designated and selected by a
majority of all production and maintenance employees at the San
Francisco plant of the Company, excluding supervisory, warehouse;
office, and clerical employees, male employees in the wine and cordial
departments, and truck drivers, but including working foremen, as
their representative for the purpose of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, International Longshore-
men's and Warehousemen's Union, Local 1-6, affiliated with the
Congress of Industrial Organizations, is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other
conditions of employment.