Olives, Inc., et al.

National Labor Relations Board - Board Decisions

Aug 20, 1948

78 N.L.R.B. 1259 (N.L.R.B. 1948)

In the Matter Of OLIVES, INCORPORATED, ET AL., EMPLOYERS and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, A. F. L., PETITIONER
Case Nos. 2O-RC-75 through 20-RC-79.-Decided August 20,1948
DECISION
AND
DIRECTION OF ELECTION
Upon petitions 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 labor organization named below claims to represent em-
ployees of the Employers.
2. A question affecting commerce exists concerning the representa-
tion of employees of the Employers, within the meaning of Section 9-
(c) (1) and Section 2 (6) and (7) of the Act.
3. The following employees of the Employers constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act: ,
All production and maintenance employees of the Corning, Cali-
fornia, plants of the Employers named below, including working
foremen and floorladies, but excluding all office and clerical em-
ployees, professional employees, guards, and all supervisors.,
The Employers involved herein are:
Olives, Incorporated; Maywood Packing Company; La Mirada.
Olive Company (Incorporated) ; J. M. Glick, C. E. Glick, John P.
*Houston, Reynolds , and Gray. -
1 This multi-employer unit was agreed to by the parties at the hearing. All the Em
ployers involved are represented by Corning Industries Incorporated for the purposes ofi
collective bargaining with employees of the Employers.
78 N. L. R. B., No. 177.
1259
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Glick, Cora E. Glick, and Alice Glick Schafer, t/a B. E. Glick & Sons;
Clark Evison, Jr., t/a Corning Warehouse & Olive Products Com-
pany; Fred L. Dietz, t/a Fred L. Dietz Olive Company; California
Olive Packers, Incorporated; and Tehama Olive Company.
DIRECTION OF ELECTION 2
As a part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employers, an election or
elections by secret ballot shall be conducted as early as possible on a
day or days, to be determined by the Regional Director for the
Twentieth Region, when each Employer has a representative comple-
ment of employees, under the direction and supervision of the Regional
Director, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the unit found appropriate in paragraph numbered 3,
.above, who were employed during the pay-roll period immediately
preceding the date of the applicable 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 reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented, for purposes of
collective bargaining, by International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, A. F. L.
'The departure herein from our normal procedure for fixing the election date and
eligibility date is required by the seasonal nature of the Employers' operations . Matter
at areenwzch Oyster Company, 73 N. L. R. B. 1459 . It appears from the record that, due
to variations between the operations of the Employerq involvgd , it may be necessary for
the Regional Director to fix different election dates for different Employers , and we have,
accordingly , provided for this contingency.
A