Taormina Co.

National Labor Relations Board - Board Decisions

May 13, 1949

83 N.L.R.B. 610 (N.L.R.B. 1949)

In the Matter of TAORMINA COMPANY, EMPLOYER , AND CITRUS, CAN-
NERY WORKERS AND FOOD PROCESSORS LOCAL UNION 24473, AFL,2
PETITIONER
Case No. 39-RC-63.-Decided May 13,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Charles Y.
Latimer, 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 3 '
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 -member panel [Chairman Herzog and Members
Houston and Gray].
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 em-
ployees of the Employer .4
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. In accordance with an agreement of the parties, we find that 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 employees at the Employer's Donna,
Texas, plant, excluding office and clerical employees, professional em-
ployees, guards, watchmen, and all supervisors as defined in the Act.
1 The name of the Employer appears as amended at the hearing
At the request of the Employer , and without objection by the Petitioner , the letters
"AFL," designating the American Federation of Labor, have been added to the Peti-
tioner ' s name.
8 The Employer moved to dismiss the petition on the ground that the Petitioner ' s showing
of interest was not adequate . The motion is hereby denied . As we have repeatedly
stated , authorization cards and other matters of prima facie showing of interest serve only
as administrative expedients and are not subject to attack . Matter of .Stokely Foods, Inc.,
78 N. L. R. B. 842 ( and cases cited therein).
* Although the Employer refused to stipulate that the Petitioner is a labor organization,
the record shows that the Petitioner is a Federal labor union chartered by and directly
affiliated with the American Federation of Labor , and clearly is a labor organization within
the meaning of Section 2 (5) of the Act.
83 N. L. R. B., No. 91.
610
TAROMINA COMPANY 611
5. The Employer is engaged in the business of canning and process-
ing vegetables , and operates its plant from October until July. At
the beginning of the season the Employer employs about 45 or 50
workers. The peak seasons occur in June and in November or early
December at which time there are approximately 175' employees at
work.. During the closed season , from July to about the first of Oc-
tober, the Employer employs approximately 15 or 20 maintenance
employees in the warehouse and plant. We believe that to hold an
election at or about the peak of the June or November canning season
will result in making the franchise available to the greatest number
of employees having an interest in the selection of a bargaining rep-
resentative . We shall therefore direct that the election be held at or
about the peak of the June or November canning 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 imme-
diately preceding the date of the issuance of notice of election by the
Regional Director.6
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted on a date to be selected by the Regional Di-
rector, subject to the instructions set forth in paragraph numbered 5,
above, under the direction and supervision of the Director for the
Region in which this case was heard, and subject to Sections 203.61 and
203.62 of National Labor Relations Board Rules and Regulations-
Series 5, as amended, in the unit found appropriate in paragraph
numbered 4, above, who were employed during the pay-roll period
immediately preceding the date of the issuance of notice of election
by the Regional Director, including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tempo-
rarily 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 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
Citrus, Cannery Workers and Food Processors Union, Local 24473,
AFL.
5 The Employer employs approximately three students , classified as regular part-time
employees , who work from 4 to as many as 8 hours a day. The number of such employees
fluctuates during the season. They apparently have the same working conditions and
employment interests as the regular full -time employees and we shall therefore permit
them to vote.