Fruitvale Canning Company And Fanny Pillinini, An Individual, 884 (1950)

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Fruitvale Canning Company And Fanny Pillinini, An Individual, 884 (1950)

In the Matter of FRUITVALE CANNING COMPANY and FANNY PILLININI,

AN INDIVIDUAL Case No. 20-CA-318.-Decided July 10, 1950 DECISION AND ORDER On March 28, 1950, Trial Examiner Isadore Greenberg issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had not violated Section 8 (a) (1) and Section 8 (a) (3) of the Act as alleged in the complaint against the Respondent, and recommending that the complaint be dismissed, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief, and the Respondent filed a brief in support of the Intermediate Report.

The Board 1 has reviewed the rulings of the Trial Examiner at the hearing, and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the Trial Examiner's findings, conclusions, and recommendations.

As set forth in the Intermediate Report, on August 12, 1949, this Board directed that a representation election be conducted between two competing labor organizations seeking to represent the Respondent's production and maintenance employees. On August 17, 1949, the Respondent promulgated a rule forbidding its floorladies from engaging in union activity on the Respondent's premises during the preelection period; it also announced that discharge would be imposed for violation of the rule. Shortly thereafter, Floorlady Pillinini, the complainant herein, who was aware of this rule and the penalty for the breach thereof, asked a nonsupervisory employees whether the latter would care to wear the button of one of the two competing unions.

Thi...

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