Ballantine Produce Co., Inc.Download PDFNational Labor Relations Board - Board DecisionsFeb 11, 194981 N.L.R.B. 629 (N.L.R.B. 1949) Copy Citation In the Matter of BALLANTINE PRODUCE CO., INC., EMPLOYER and DRIED FRUIT, NUT PACKER'S, DEh YDRATOR'S AND WAREHOUSEMEN'S UNION LOCAL 616, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF- FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. L., PETITIONER Case No. 20-RC-361.-Decided February 11, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition 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 reord 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 certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. We find, in accord with the apparent agreement of the parties, 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 employees engaged in production at the Employer's 1 At the hearing and in its brief, the Employer questioned the adequacy of the Petitioner's showing of interest in the light of the high turnover among its employees. It contends that any current showing of interest should be measured against the total number of employees who have worked at any time during its June to November season. We find no merit in this contention. Matter of Dickson-Jenkins Manufacturing Co , 76 N. L R B 449 In any event, we have repeatedly held the question of a Petitioner's showing of interest to be administrative matter not open to collateral attack Matter of 0 D Jennings Co, 68 N L It. B 516. Matter of Binn's Passaic Iron cf Brass Found? y, 77 N L R B 380. *Chairman Herzog and Members Reynolds and Gray. 81 N. L. R B., No. 110. 629 630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Sangar , California, packing shed, including packers, stampers, graders, tally girls, fruit truckers, and fruit rustlers , but excluding truck drivers,2 the contract boxer, and any helpers he employs, the contract shipper or loader and any helpers he employs,3 watchmen, clerical employees, and all supervisors as defined in the act. 5. The Employer's season usually begins on the first of June with the packing of plums and ends sometime in November at the close of the grape pack, after which the Employer's shed is closed until the following June. Peak employment ordinarily is reached either at the height of the plum pack, about the third week in June, or some time in July, during the peach pack. These are also the periods during which the greatest number of those employees who customarily re- turn from year to year are on the Employer's pay roll. We believe, therefore, that to hold the election during the peak of the tree fruit pack will result in making the franchise available not only to the greatest number of employees, but to those who have the greatest in- terest in the selection of a bargaining representative. We shall direct that the election be held at or about the peak of the tree fruit season in June or July, on a date to be determined by the Regional Director, among the employees in the appropriate unit who are employed dur- ing the pay-roll period immediately preceding the date of the issu- ance of Notice of Election by the Regional Director. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted on a date to be selected by the Regional Director, subject to the instructions set forth in paragraph 5, above, under the direction and supervision of the Regional 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 Regula- tions-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who are employed dur- ing the pay-roll period immediately preceding the date of the issuance of Notice of Election by the Regional Director, including employees who do not work during said pay-roll period because they are ill or on vacation or temporarily laid off, but excluding those employees who 2 Truck drivers , who are employed by the growers and haul produce to the Employer's shed, are not to be confused with fruit truckers, who move the produce about the shed in hand trucks and work for the Employer . The latter are included. 3 The Employer's manager testified , without contradiction , that the contract boxer and the contract shipper are independent contractors The record is otherwise silent as to these two persons , whom the parties agreed to exclude. BALLANTINE PRODUCE CO., INC. 631 thereafter quit or are discharged for cause and are not rehired or reinstated prior to the date of the election , and also excluding em- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collec- tive bargaining , by Dried Fruit , Nut Packer 's, Dehydrator's and Ware- housemen 's Union Local 616, International Brotherhood of Team- sters , Chauffeurs , Warehousemen and Helpers of America , A. F. L. Copy with citationCopy as parenthetical citation