79 N.L.R.B. 1025 (N.L.R.B. 1948)

Roddenberry-Molica Co.

National Labor Relations Board - Board DecisionsSep 27, 1948

79 N.L.R.B. 1025 (N.L.R.B. 1948)

In the Matter of RODDENBERRY -MOLICA COMPANY , EMPLOYER and PRODUCE EMPLOYEES, WAREHOUSEMEN AND HELPERS UNION, LOCAL. 69, AFFILIATED WITH THE I. B. T. C. W. & H. OF AMERICA, AFL, PETITIONER Case No. 20-RC-165.-Decided September 27,1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing offi- cer 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 labor organization named below claims to represent employ- ees of the Employer. 3. A question affecting commerce exists concerning the represen- tation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance workers at the Employer's Terra Bella, California, packing shed, including the employees classified as night watchman,:, but excluding tomato packers ,2 office clericals, guards, professional employees, and supervisors. 'Houston, Murdock , and Gray. I At the hearing, the Employer testified that this employee, although called a night watchman , actually performs at night much the same type of duties as do the day workers, who are also expected to see that no one steals crates or other material . As his duties as watchman appear incidental to his other duties, we shall include this employee in the unit. 2 Tomato packers , unlike the Employer 's other packers, are relatively skilled workers, and the personnel during the tomato packing season is almost entirely different from that 79 N. L. R. B., No. 125. 1025 1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD , 5. The determination'of representatives: The Employer' s business is seasonal in nature. Celery is packed during February and March, and sometimes during part of April. Corn packing begins about the first week of June and ends about the first week of July. Between -'60 and 70 employees are employed for each of these packing seasons, but no more than 45 work at one time, the balance being accounted for by the frequent turnover in personnel. A substantial proportion of the packing employees work during both the celery and the corn packing seasons, and some of these employees return to work for the Employer season after season. Accordingly, we shall direct that an election be held at or about the peak of the celery-packing season, on a date to be determined by the Regional Director, among the employees in the appropriate unit who are employed during the pay-roll period 'immediately preceding the date of the election. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Roddenberry-Molica Company, 'Terra Bella, California, an election by secret ballot shall be conducted under the direction and supervision of the Regional Director for the Twentieth Region, on a date to be selected by the said Regional Di- .rector in accordance, with the conditions set forth in paragraph num- bered 5, above, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph num- bered 4, above, who were employed during the pay-roll period immedi- ately preceding the date of the election, including employees who did not work during said pay-roll period because they were ill or on vaca- tion 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 excluding eln- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by Produce Employees, Warehousemen and Helpers Union, Local 69, affiliated with the I. B. T. C. W. & H. of America, AFL, for the purposes of collective bargaining. engaged during the other packing seasons. Furthermore , the Employer stated at the hearing that tomatoes may not be packed at all. If they are backed , it will be only for a week or two in the summer or early fall . Under these circumstances , the tomato packers will be ,excluded from the unit.