National Labor Relations Board v. Sebastopol Apple Growers Union

Good Law
269 F.2d 705·44 L.R.R.M. (BNA) 2755·1959 U.S. App. LEXIS 4746
United States Court of Appeals for the Ninth CircuitAugust 19, 195916117California4,673 words

Opinion

Opinion

Hamlin, J.

The National Labor Relations Board has petitioned this Court for enforcement of its order against the Sebastopol Apple Growers Union, hereinafter called respondent, pursuant to Section 10(c) of the National Labor Relations Act, as amended ( 29 U.S.C.A. § 151 et seq.), herein called the Act.

Respondent, a California cooperative corporation, was engaged in packing, canning and shipping apples and apple products at its plant near Sebastopol, California, and made substantial interstate purchases and sales. The jurisdiction of the National Labor Relations Board and of this Court is not contested.

The facts show that respondent operated a seasonal canning business, the season generally lasting from around the middle to the latter part of the year. Up to the year 1954 the plant was not unionized. In 1954, canning operations began on July 15. About July 28, 1954, the president and business manager of the General Truck Drivers, Warehousemen and Helpers Union, Local No. 980, AFL (hereinafter called the union) called on the general manager of respondent to discuss the organizing of the plant by the union. Activities then commenced by management and employees which culminated in the…

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