National Labor Relations Board v. California Date Growers Association

This case arises under a petition pursuant to Sec. 10(e) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 151 et seq., herein the Act, by the National Labor Relations Board for enforcement of an order issued against Respondent, the operator of a date processing, packaging and shipping plant at Indio, California. No jurisdictional question arises.

The Board concluded that Respondent was guilty of unfair labor practices in that: (1) Respondent reduced or abolished the seniority of unreplaced economic strikers after a strike, as a penalty for striking, thus violating Sec. 8(a) (3) and (1) of the Act; (2) Respondent refused to bargain with the duly certified representative of its employees thereby violating Section 8(a) (5) and (1) of the Act.

Respondent challenges both of these conclusions.

Respondent’s packing operations are highly seasonal in nature and require a fluctuating labor force. In 1952,, Respondent entered into a collective bargaining agreement with the Union wherein it was agreed that the determining factor for layoffs and rehirings would be departmental seniority. A “seniority list” was compiled pursuant to this agreement in November, 1952. By the terms…