Oskaloosa Produce Co.

National Labor Relations Board - Board Decisions

Mar 23, 1948

76 N.L.R.B. 942 (N.L.R.B. 1948)

In the Matter Of JOHN VAN ZETTEN AND A. L. SHANNON, COPARTNERS
D/B/A OSKALOOSA PRODUCE COMPANY, EMPLOYER and AMALGAMATED
MEAT CUT'rE RS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. L.,
PETITIONER
Case No. 18-RC-30.-Decided March 23, 1948
Swisher, Cohrt ct Swisher, by Mr. Charles F. Swisher, of Waterloo,
Iowa, for the Employer.
Mr. Kenneth Sowers, of Cedar Rapids, Iowa, for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Oskaloosa,
Iowa, on January 30, 1948, before Erwin A. Peterson, hearing officer.
The hearing officer's rulings made at the hearing are free from preju=
dicial error and are hereby affirmed.
Upon the- entire record in the case, the National Labor Relations
Board 1 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
John Van Zetten and A. L. Shannon, copartners, doing business as
Oskaloosa Produce Company, are engaged at Oskaloosa, Iowa, in the
processing of poultry and eggs. In 1947, materials exceeding $50,000
in value were shipped to the Employer from points outside the State
of Iowa. During the same period, products exceeding $1,500,000 in
value were shipped by the Employer to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor claiming to represent employees of the Employer.
' Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three man panel consis'ing of the undersigned
Board llemb_i' LHoucton, Mu,dock, and Gray]
76 N. L. It U , No 130
942
OSKALOOSA PRODUCE COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
943
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representatic n of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in agreement with the parties at the hearing,
that all production and maintenance employees, including truck
drivers and route men, but excluding clerical employees, guards, pro-
fessional employees, and all supervisors constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The record discloses that the Employer's poultry and egg processing
business is seasonal in operation. The personnel complement numbers
approximately 55 employees from July to December 15, and declines
to about 15 in the off season. In the latter period, no additional em-
ployees are hired except for about 20 added to the pay-roll for about
1 month during the "egg breaking" period at the beginning of the
year. At the time of the hearing, the "egg breaking" period for the
year had already begun.
Inasmuch as it appears from all the foregoing that between 15
and 20 employees are currently on the pay-roll, a representative vote
of the employees in the bargaining unit is not now possible. We
shall, therefore, direct that the question concerning representation
which exists be resolved by an election by secret ballot, to be conducted
during the 1948 season on an exact date to be determined by the
Regional Director, subject to the limitations and additions set forth
in the Direction 2
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with John Van Zetten and A. L.
Shannon, Copartners, d/b/a Oskaloosa Produce Company, Oskaloosa,
Iowa, an election by secret ballot shall be conducted as early as pos-
2 Matter of San Fernando Heights Lemon Association, 72 N L. R B 372 , Matter of
Norcal Packing Company, et at , 76 N L R B. 254.
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sible on a date to be determined by the Regional Director, under the
direction and supervision of the Regional Director for the Eighteenth
Region, and subject to Sections 203.61 and 203.62, National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of the 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 between the pay-roll
period and the date of the election have quit or been discharged for
cause and have not been rehired or reinstated 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 by Amalgamated Meat Cutters and Butcher Work-
men of North America, A. F. L., for the purposes of collective bar-
gaining.