Arbuckle Bros.

National Labor Relations Board - Board Decisions

Jun 28, 1938

7 N.L.R.B. 1247 (N.L.R.B. 1938)

In the Matter of ARBUCKLE BROS. and CO\iMITTEE FOR INDUSTRIAL
ORGANIZATION ON BEHALF OF EMPLOYEES OF ARBUCKLE BROS.
Case No. R-824.-Decided June 28, 1938
Sugar Importing, Relining, and Selling Industry-Investigation of Representa-
tives: controversy concerning representation of employees : rival organization ;
employer's refusal to grant recognition of union-Unit Appropriate for Collec-
tive Bargaining: samplers, checkers, watchmen, sugar warehouse and shipping
employees, porters, elevator operators, boilerhouse employees, and production
and maintenance employees, excluding foremen, clerical and supervisory em-
ployees, and technical, laboratory and hospital employees: no controversy as
to-Election Ordered
Mr. Albert Ornstein, for the Board.
Mr. Carl A. Sturken and Mr. Robert Ringel, of New York City, for
the Company.
Leibman, Robbins, Pressman and Leider, by Mr. Harold I. Carn-
mer, of New York City, for the C. I. O.
Mr. Emil Camarda and Mr. Joseph G. Mariatz, of New York City,
for the I. L. A.
Mr. Victor A. Pascal, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 12, 1938, the Committee for Industrial Organization on
behalf of employees of Arbuckle Bros., herein called the C. I. 0.,
filed with the Regional Director for the Second Region (New York
City) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Margaret A.
Jamison and Martha Jamison, partners doing business as Arbuckle
Brothers, New York City, herein called the Company, at their plant
and warehouse at Adam and Jay Streets, Brooklyn, New York, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On May 23, 1938, the National Labor Re-
I Incorrectly designated as Arbuckle Bros . In the notice of hearing.
1247
1248 NATIONAL LABOR RELATIONS BOARD
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III,-Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On May 25, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
C. I. 0., and upon Local 1476, Sugar Refinery Workers, of the In-
ternational Longshoremen's Association, herein called the I. L. A., a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on June
7, 1938, at Brooklyn, New York, before Webster Powell, the Trial
Examiner duly designated by the Board. The Board, the C. I. 0.,
and the I. L. A. were represented by counsel and the Company by
its superintendent and assistant engineer, all of whom 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. During the course of the hearing the Trial
Examiner made several rulings on motions and 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
I. THE BUSINESS OF THE COMPANY
Arbuckle Bros., a partnership consisting of Margaret A. Jamison
and Martha Jamison, is engaged in importing, refining, and selling
sugar at its plant and warehouse at Adam and Jay Streets, Brook-
lyn, New York. About three or four blocks away, the Company
maintains warehouses which are not involved in this proceeding. Dur-
ing 1937, the Company purchased approximately 346,000,000 pounds
of raw sugar, all of which it secured from sources outside the State
of New York. During the same period, it shipped 63 per cent of its
finished products to destinations outside the State of New York.
The Company temporarily discontinued its operations about March
19, 1938.
II. THE ORGANIZATIONS INVOLVED
The Committee for Industrial Organization is a labor organization
admitting to membership the production and maintenance employees
of the Company, excluding supervisory and clerical employees.
DECISIONS AND ORDERS 1249
Local 147 6, Sugar Refinery Workers, of the International Longshore-
men's Association is a labor organization affiliated with the Ameri-
can Federation of Labor. It admits, to membership "the employees
of Arbuckle Bros. (Sugar Refinery) engaged in the refining process
from the receipt of raw sugar at the string piece to the delivery. of
refined sugar for shipment."
III. THE QUESTION CON CERNING REPRESENTATION
On July 22, 1937, the Company and I. L. A. entered into an agree-
ment which will expire on July 18, 1938. In the early part of March
1938, the C. I. O. commenced organizational activities and now claims
to represent a majority of the Company's employees. About May 7,
1938, the C. I. O. wrote to the Company requesting recognition as
the employees' exclusive bargaining agent.. The Company, however,
refused to negotiate with it.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF TIIE 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 C. I. O. requested that the bargaining unit in-
clude samplers, checkers, watchmen, sugar warehouse and shipping
employees, porters, elevator operators, boilerhouse employees, assist-
ant foremen, and production and maintenance employees, excluding
supervisory and clerical employees, foremen, and technical, labora-
tory, and hospital employees. The employees in the unit urged by
the C. I. O. are covered by the contract between the Company and
the I. L. A. The record indicates that some foremen may be included
within the provisions of the contract. The I. L. A., however, did
not urge their inclusion, and did not object to the bargaining unit
requested by the C. I. O.
We find that the samplers, checkers, watchmen, sugar warehouse
and shipping employees, porters, elevator operators, boilerhouse em-
ployees, assistant foremen, and production and maintenance em-
1250 NATIONAL LABOR RELATIONS BOARD
ployees of the Company at its plant and warehouse at Adam and
Jay Streets , Brooklyn , New York, excluding foremen, clerical and
.supervisory employees , and technical , laboratory and hospital em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESEI TATIVES
Although the Company 's employment list for the period ending
March 19, 1938, was introduced in evidence , neither the C. I. O. nor
the I . L. A. represented application cards or other evidence of their
membership among the employees . Under the circumstances the
question concerning representation can be resolved only by means of
an election by secret ballot. Those eligible to vote will be the em-
ployees of the Company within the appropriate bargaining unit dur-
ing the pay-roll period ending March 19, 1938.
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 Margaret A. Jamison and Martha Jamison,
partners doing business as Arbuckle Bros., New York City , within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act.
2. All samplers, checkers, watchmen, sugar warehouse and ship-
ping employees , porters, elevator operators , boilerhouse employees,
assistant foremen, and production and maintenance employees of Mar-
garet A. Jamison and Martha Jamison, partners doing business as
Arbuckle Bros., at their plant and warehouse at Adam and Jay
Streets, Brooklyn, New York, excluding foremen, clerical and super-
visory employees , and technical , laboratory, and hospital employees,
constitute a unit appropriate for the purposes of collective bargain-
ing 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 Rela-
tions Act , 49 Stat. 449 , and pursuant to Article III, Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DECISIONS AND ORDERS 1261
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Margaret
A. Jamison and Martha Jamison, partners doing business as Ar-
buckle Bros., New York City, an election by secret ballot shall be
conducted within fifteen (15) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Second 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 the samplers, checkers, watchmen, sugar-
warehouse and shipping employees, porters, elevator operators, boil-
erhouse employees, assistant foremen, and production and mainte-
nance employees of the Company at its plant and warehouse at Adana
and Jay Streets, Brooklyn, New York, who were employed by the
Company during the pay-roll period ending March 19, 1938, exclud-
ing foremen, clerical and supervisory employees, and technical, lab-
oratory and hospital employees, and those who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by the Committee for Industrial Organization or by Local
1476, Sugar Refinery Workers, of the International Longshoremen's
Association for the purpose of collective bargaining, or by neither.
CHAIR1%IAN MADDEN took no part in the consideration of the above
Decision and Direction of Election.