A. Weinfeld and Son

National Labor Relations Board - Board Decisions

Sep 8, 1941

35 N.L.R.B. 257 (N.L.R.B. 1941)

In the Matter Of ADOLPH WEINFELD AND HENRY WEINFELD, TRADING
AS A. WEINFELD AND SON and CANNERY, PRESERVE AND FOOD WORK-
ERS LOCAL No. 186, U. C. A. P. A. W. A., CIO, and WAREHOUSE
EMPLOYEES' UNION, LOCAL 169,1 I. B. T. C. W. AND H. of A.,
A. F. L.
Case No. RE-26.-Decided September 8, 1941
Jurisdiction : wholesale grocery industry and table condiment manufacturing
industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition ; closed-shop contract renewed
after notice of representation claims of rival union, no bar ; eligibility of
employee discharged pursuant to valid closed-shop contract held dependent
upon whether he was on the pay roll immediately preceding termination date
of the contract, which is adopted to determine eligibility ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding trucking, clerical, sales, and supervisory employees; agree-
ment as to.
Mr. Irvin J. Kopf, of Philadelphia, Pa., for the Company.
Mr. Saul C. Waldbaum, of Philadelphia, Va., for the C. I. O.
Mr. Albert J. Bader, of Philadelphia, Pa., for the A. F. of L.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 9, 1941 , Adolph Weinfeld and Henry Weinfeld , trading
as A. Weinfeld and Son, Philadelphia , Pennsylvania , herein called
the Company , filed with the Regional Director for the Fourth Region
(Philadelphia , Pennsylvania ) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of the Company , and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49, Stat . 449, herein called the Act. On July
'Incorrectly designated in the record as Local 100 and corrected by amendment at the
hearing.
35 N. L. R. B, No 53.
257 ,
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3, 1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On July 11, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, and upon
Cannery, Preserve and Food Workers, Local No. 186, U. C. A,
P. A. W. A., CIO, herein called the C. I. 0., and Warehouse Em,
ployees' Union, Local 169, I. B. T. C. W. and H. of A., A. F. L.,
herein called the A. F. of L., labor organizations claiming to repre-
sent employees directly affected by the investigation. Pursuant to
notice a hearing was held on July 18, 1941, at Philadelphia, Penn-
sylvania, before Jerome I. Macht the Trial Examiner duly designated
by the Chief Trial Examiner. The Company, the C. I. 0., and the
A. F. of L. were represented and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties,
At the hearing the C. I. O. moved to -dismiss the petition on the
ground that no question affecting commerce had arisen concerning
the representation of employees of the Company. The Trial Ex-
aminer reserved ruling on this motion. It is hereby denied. During
the course of the hearing the Trial Examiner made various rulings
on other motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following,
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Adolph Weinfeld and Henry Weinfeld, trading as A. Weinfeld
and Son, is a partnership engaged at Philadelphia, Pennsylvania,
in the wholesale purchase and sale of grocery products and the manu-
facture of table condiments. The Company purchases annually
materials valued at $285,000, approximately 90 per cent of which
are imported from States other than the Commonwealth of Pennsyl-
vania. The Company's sales approximate $375,000 annually, of which,
371/, per cent are shipped to points outside the Commonwealth of
Pennsylvania.
ADOLPH WEINFELD
II. THE ORGANIZATIONS INVOLVED
2591
Cannery, Preserve and Food Workers, Local No. 186, U. C. A.
P. A. W. A., is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
Warehouse Employees' Union, Local 169, I. B. T. C. W. and H.
of A., is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
About May 10, 1941, the A. F. of L. requested recognition as ex-
clusive bargaining representative for the production and maintenance-
employees of the Company. The Company refused such recognition
on the ground that the A. F. of L. had presented no proof that it
represented q majority, and further, on the ground that it had a<
closed-shop contract with the C. I. O.
The Company and the C. I. O. entered into a closed-shop contract
on June 29, 1940, effective until June 19, 1941 and to continue there--
after from year to year unless terminated thirty days prior to its
annual expiration date on notice by either party. No notice of ter-
mination was given by either party prior to June 19, 1941. On,
June 9, the A. F. of L. filed its petition requesting an investigation,
and certification of representatives. On June 27, 1941, the A. F. of L..
called a strike 2 which lasted for three days and was settled on July
3, 1941, by an agreement between the Company and the A. F. of L._
that the status quo would be maintained until action was taken by
the Board. Under all the circumstances, we find that the contract
does not constitute a bar to the present determination of a collective-
bargaining representative:
A report prepared by the Regional Director and introduced in
evidence, establishes that the C. I. O. and the A. F. of L. each repre-
sents a substantial number of the employees within the unit found
herein to be appropriate.3
We find that a question has arisen concerning the representation,
of employees of the Company.
2 At the hearing the A. F. of L. representative testified that the strike was called'
because of "the firing of one of our union members and not submitting to an election by
the Board."
8 The report of the Regional Director shows that the A. F. of L. submitted 7 applications
for membership cards , 6 of which bore apparently genuine signatures and dated Apiil 5,
1941. One application bore a printed signature and was dated May 6, 1941 . The C I. O.
submitted a document bearing 7 genuine signatures dated June 19, 1941. This document
reaffirms the authorization of the C. I. O. as exclusive bargaining agent and repudiates
any commitments made previously to the A. F. of L. or any other union. Five of the
7 workers whose names appear on this document also appear on the membership cards
designating the A F. of L as bargaining agent. The Company's pay-roll list contains
10 names of employees within the unit and includes all names claimed by both unions.
451270-42-vol. 35--18
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company,
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties agreed, and we find, that all production
and maintenance employees, excluding trucking, clerical, sales, and
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining. We further find that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. Since the contract between the Company
and the C. I. 0. provided for a closed shop, we shall direct that the
employees eligible to vote in the election will be those who were
employed by the Company during the pay-roll period immediately
preceding the termination date in the contract. The parties dis-
agree upon the eligibility of Edward Petitt, discharged on June 6
at the request of the C. I. 0., and of his successor to vote in the
election. Since Petitt was discharged pursuant to the terms of a
contract which was in effect on June 6, the validity of which is not
challenged by this proceeding, it is apparent that the eligibility
of either to vote depends only upon whether he was employed during
the pay-roll period which we have adopted to determine eligibility.
We shall direct that the employees eligible to vote in the election
shall be those who were employed by the Company during the pay-
roll period immediately preceding June 19, 1941, subject to such
limitations and additions as are set forth in the Direction of Election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Adolph Weinfeld and Henry Weinfeld,
trading as, A. Weinfeld and Son, Philadelphia, Pennsylvania, within
ADOLPH WEINFELD 261
the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All the production and maintenance employees of the Company,
excluding trucking, clerical, sales, and supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article III, Section 8, of National
Labor, Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Adolph Weinfeld and Henry Weinfeld, trading as A. Weinfeld
and Son, Philadelphia, Pennsylvania, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
clays from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fourth Region, acting in this
matter as agent for the National Labor Relations Board and subject
to Article III, Section 9, of said Rules and Regulations, among all
production and maintenance employees of the Company who were
employed during the pay-roll period immediately preceding June
19, 1941, including employees who did not work during said pay-
roll period because they were ill or on vacation, or in the active
military service or training of the United States, or temporarily
laid' off; but excluding trucking, clerical, sales, and supervisory em-
ployees, and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Cannery,
Preserve and Food Workers Local No. 186, U. C. A. P. A. W. A.,
affiliated with the Congress of Industrial Organizations, by Ware-
house Employees' Union, Local 169, I. B. T. C. W. and H. of A.,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
October 9, 1941
On September 8, 1941, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceeding.
Pursuant to the Direction of Election, an election by secret ballot
262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was conducted on September 18, 1941, under the direction and super-
vision of the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania). On September 20, 1941, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties his Election Report. No objections
to the conduct of the ballot or the Election Report have been filed
by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list -------------------------------------- 8
Total ballots cast------------------------------------------- 8
Total valid ballots cast------------------------------------ 8
Ballots cast for Cannery, Preserve and Food Workers Local
No. 186, U. C. A., P. A W. A., CIO------------------------- 7
Ballots cast for warehouse Employees' Union, Local 169
I. B. T. C. W. and H. of A., A. F. L ------------------------ 1
Ballots cast for neither------------------------------------- 0
Challenged ballots------------------------------------------- 0
Void ballots------------------------------------------------- 0
Blank ballots----------------------------------------------- 0
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended,
IT IS HEREBY CERTIFIED that Cannery, Preserve and Food Workers,
Local No. 186, U. C. A., P. A. W. A., affiliated with the Congress of
Industrial Organizations, has been designated and selected by a ma-
jority of all production and maintenance employees of Adolph Wein-
feld and Henry Weinfeld, trading as A. Weinfeld and Son, Phila-
delphia, Pennsylvania, excluding trucking, clerical, sales, and super-
visory employees, as their representative for the purposes of collec-
tive bargaining, and that, pursuant to Section 9 (a) of the National
Labor Relations Act, Cannery, Preserve and Food Workers, Local
No 186, U. C. A., P. A. W. A., affiliated with the Congress of In-
dustrial Organizations, is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
35 N. L. R. B., No. 53a.
4.