69 N.L.R.B. 489 (N.L.R.B. 1946)

Orange Belt Fruit Distributors

National Labor Relations Board - Board DecisionsJul 13, 1946

69 N.L.R.B. 489 (N.L.R.B. 1946)

In the Matter of JOHN CURCI AND Lou TURNER, D/B/A ORANGE BELT FRUIT DISTRIBUTORS 1 and PRODUCE DRIVERS AND EMPLOYEES UNION, LOCAL 630, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF- FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. or L. Case No. 21-R-3 63.Decided July 13, 1946 Mr. Ivan G. McDaniel, by Mr. George C. Lyon, of Los Angeles, Calif., for the Company. Mr. Ken Weston, of Los Angeles, Calif., for the Union. Mr. Martin E. Rendelman, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon a petition duly filed by Produce Drivers and Employees Union,. Local 630, International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arised con- cerning the representation of employees of John Curci and Lou Turner, d/b/a Orange Belt Fruit Distributors, Pomona, California, herein called the Company, the National Labor Relations Board on March 15) 1946, conducted a prehearing election pursuant to Article III, Sec- tion 3, of the Board's Rules and Regulations,2 among the employees of the Company in the alleged appropriate unit, to determine whether or not they desired to be represented by the Union for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 175 eligible voters, of whom 132 cast valid ballots, resulting in 75 votes for the Union and 57 votes against it. One of the ballots cast was declared void. ' Name as amended at the hearing. By amendment of November 27, 1945, the section of the rules now permits the con- duct of a secret ballot of employees prior to hearing in cases which present no substantial issues. 69 N. L. R. B., No. 61. 489 490 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD Thereafter, pursuant to Article III, Section 10, of the Rules and Regulations,3 the Board provided for an appropriate hearing upon due notice before Maurice J. Nicoson, Trial Examiner. The hearing was held at Los Angeles, California, on May 13, 1946. The Company and the Union appeared and participated. All parties 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 John Curci and Lou Turner d/b/a Orange Belt Fruit Distributors, are engaged in the business of growing, packing, selling, and shipping citrus fruits. The Company has packing houses at Pomona and Anaheim, California, where it packs fruit grown by itself and by others. Only the Pomona plant is involved in this proceeding. Dur- ing the 1944-1945 season, which ended November 1945, the Company packed at its Pomona plant, and caused to be shipped to points outside the State of California in excess of 592,000 boxes of citrus fruits. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Produce Drivers and Employees Union, Local 630, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. 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. 3 As amended November 27, 1945, this section provides that where the initial hearing is held after the election , all issues , including issues with respect to the conduct of the election , or conduct effecting election results , and issues raised by challenged balls ts, shall be heard at such hearing. ORANGE BELT FRUIT DISTRIBUTORS IV. THE APPROPRIATE UNIT 491 The Union seeks a single unit composed of all employees of the Company's Pomona plant, excluding field help, clerical employees, and supervisory employees. At informal conferences held prior to the election the Company raised no objection to the propriety of such a unit but at the hearing it took the position that its employees should be divided into three separate units, namely : a unit for employees of the orange house; a unit for the employees of the lemon house; and a unit for truck drivers and mechanics. The Company's Pomona plant is composed of two adjacent build- ings, one devoted exclusively to the packing of oranges and the other devoted solely to the packing of lemons, entrance from one to the other being gained by means of a connecting fire door. The same railroad siding serves both the orange and the lemon houses, in that a car can be rolled by means of gravity from one building to the other for load- ing. Both houses, although under separate supervision, are owned by the Company and are served by a single clerical and sales force. The packing of oranges and the packing of lemons in the Company's Pomona plant involve substantially the same operations, except that oranges are washed, graded and packed shortly after delivery, while lemons are washed, stored for 40 to 60 days for purposes of coloration, and then graded and packed. In view of all these facts we see no persuasive reason to establish a separate unit for each house, particularly since the only labor organization involved in this proceed- ing has extended its organizational activities to the employees of both operations 4 Nor do we perceive why the truck drivers and mechanics should be found to constitute a separate unit. Their functions are related to those of the packing employees, and the Union has also encompassed them in its organizing efforts. Although it is true that we have at times excluded truck drivers from comprehensive production and maintenance units when there has been dispute concerning their in- clusion, the labor organization which here seeks them customarily represents such employees, in many instances as part of more extensive groupings. We find that all employees of the Company's Pomona, California, packing house, including packers in the orange and lemon houses, and truck drivers and mechanics, but excluding field help, clerical em- "In its brief the Company argues that the orange house employees have evinced a desire for separate representation . Its argument is based upon a petition purportedly signed by a number of these employees , stating , inter ilia, that they wish to do their own bargaining and do not desire to,be represented by the Union. But, apart from any other considera- tions, this petition was not received in evidence by the Trial Examiner , and correctly so, inasmuch as no foundation was laid by the Company for its admission and it was not properly authenticated. 492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees, and all supervisory employees with authority to hire, promote, 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 mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The results of the election held previous to the hearing show that the Union has received a majority of the valid votes cast, and we shall, therefore, certify the Union as the collective bargaining repre- sentative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended. IT IS HEREBY CERTIFIED that Produce Drivers and Employees Union,. Local 630, International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, A. F. of L., has been designated and selected by a majority of all employees of John Curci and Lou Turner d/b/a Orange Belt Fruit Distributors, at its Pomona, Cali- fornia, packing house, including packers in the orange and lemon houses, and truck drivers and mechanics, but excluding field help, clerical employees, and all supervisory employees with authority to hire, discharge, promote, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (c) of the Act, the said organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.