National Labor Relations Board v. Security Warehouse & Cold Storage Co.

Good Law
136 F.2d 829·13 L.R.R.M. (BNA) 519·1943 U.S. App. LEXIS 4154
United States Court of Appeals for the Ninth CircuitAugust 17, 1943No. 10182California3,414 words

Opinion

Lead Opinion

Garrecht, J.

Respondent is a California corporation with business offices at San Jose, California. Its principal business is cold storage and pre-cooling of fruits and vegetables and the manufacture and sale of ice. It has a plant at San Jose, also one at Santa Clara, and in addition operates by lease about ten field warehouses at various points in California. Respondent hires about forty regular employees during the entire year. During the “cherry season” which extends from the latter part of May for about a month, respondent employs a considerable additional number of seasonal workers. It again engages a number of seasonal employees from the latter part of July to the end of the year in the business of receiving, storing, cooling and shipping pears, grapes, other fruits and some vegetables. During the year 1938 the total peak force at both plants was 277 men and in 1939 it reached 351.

The International Longshoremen’s and Warehousemen’s Union, Local 1-6, affiliated with the Congress of Industrial Organizations hereinafter called the union filed charges and amended charges against respondent. The National Labor Relations Board issued its complaint on December 27, 1939, alleging that…

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