Campbell Soup Co.

National Labor Relations Board - Board Decisions

Sep 23, 1940

27 N.L.R.B. 396 (N.L.R.B. 1940)

In the Matter of CAMPBELL SOUP COMPANY and UNITED CANNERY,
AGRICULTURAL, PACKING & ALLIED WORKERS OF AMERICA, LOCAL
#194, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-2008,--Decided September 23, 1940
Jurisdiction : canned goods manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition to union ; election necessary.
Employees hired during the tomato, season eligible to vote in election
directed by Board, notwithstanding sole union involved contends they are
temporary and seasonal employees, where due to increased production most
of these employees are employed throughout the year.
Unit Appropriate for Collective Bargaining : production, maintenance, service,
cafeteria, and warehouse employees, excluding office clerks, plant clerks, power-
house employees, engineers, watchmen, assistant foremen, assistant foreladies,
subforemen, subforeladies, and all other supervisory employees.
Fyffe cC Clark, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Meyers cC Meyers, by Mr. Irving Meyers, of Chicago, Ill., for the
Union.
Mr. Sidney L. Davis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 3, 1940, United Cannery, Agricultural, Packing & Allied
Workers of America, Local #194, affiliated with the Congress of In-
dustrial Organizations, herein called the Union, filed a petition, and
on July 11, 1940, an amended petition, with the Regional Director for
the Thirteenth Region (Chicago, Illinois), alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Campbell Soup Company, Chicago, Illinois, herein called
the Company,' and requesting an investigation and certification of
x The Company was also referred to at the hearing as Campbell Soup Company, Central
Division.
27 N. L. R. B., No. 85.
396
CAMPBELL SOUP COMPANY 397
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the 'Act. On August 8, 1940, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On August 12, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, and the
Union. Pursuant to the notice, a hearing was held on August 20,
1940, at Chicago, Illinois, before Robert R. Rissman, the Trial Ex-
aminer duly designated by the Board. The Company and the Union
were represented by counsel 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. During the course of the hearing the Trial Examiner made
several rulings on 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
I. THE BUSINESS OF THE COMPANY
Campbell Soup Company, a Delaware corporation with a plant
located at Chicago, Illinois, and general offices at Camden, New
Jersey, is engaged in the manufacture and sale of soup, pork and
beans, spaghetti, and other canned goods. From July 1, 1939, through
June 30, 1940, the Company used raw materials valued at between
$10,000,000 and $12,000,000, of which approximately 50 per cent was
purchased outside Illinois, and produced finished goods valued at
approximately $15,000,000, about, 75' per cent of-which-'was sold out-
side Illinois. The Company admits that it is engaged in interstate
commerce' within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Cannery, Agricultural, Packing & Allied Workers of
America, Local No. 194 is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to its Membership
employees of the Company. '
398 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On June 27, 1940, the Union sent a letter to the Company request.
ing, inter alia, recognition as exclusive bargaining representative for
the employees of the Company. On or about July 2,' 1940, a repre-
sentative of the Union spoke to the plant manager of the Company
over the telephone and asked for his answer to the letter. He was
told that the Company would not recognize the Union as the exclu-
sive representative of its employees. At the hearing there was in-
troduced in evidence a report prepared by the Regional Director
showing that the Union represented a substantial number of em-
ployees in the unit found appropriate in Section V, infra.2 ,
We find that a question has arisen concerning the representation
of employees of the Company.
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union claims that production, maintenance, service, and cafe-
teria employees, excluding supervisory, clerical, powerhouse, seasonal
and temporary employees, engineers, and watchmen, constitute an
appropriate unit., The Company, on the other hand, contends that
all hourly paid employees, excluding watchmen, engineers, and super-
visory employees, constitute an appropriate' unit. The parties are
in disagreement as to . warehouse and powerhouse employees,, the
Union desiring their exclusion from the appropriate unit and, the
Company desiring their'inclusion. ' There is disagreement also as to
plant clerks and hourly paid assistant foremen and subforemen, the
Union contending that they are, respectively, clerical and supervisory
employees and therefore should be excluded from the unit, and the
Company contending that they are production and maintenance em-
ployees and therefore to be included. The Union also maintains that
employees hired during the tomato season are seasonal.or temporary
At the time of the hearing the Company employed approximately 1,915 employees. The
report of the Regional Director showed that 637 employees had signed cards designating
the Union as their collective bargaining representative.
CAMPBELL SOUP COMPANY 399,
employees and should be excluded from the unit, while the Company
contends that they are not seasonal or temporary employees.
Warehouse employees. There are 85 hourly paid employees in the
warehouse, which is a separate building connected by bridges with
the main plant building. These employees haul the finished products
from the plant to the warehouse, put them in cases, and either ship
them to customers or store them. They also store raw materials in
the warehouse and haul them to the plant as needed. The Union not
only admits the warehouse employees to its membership but also
stated at the hearing that it desired to represent employees in a part
of the warehouse located on the second floor of the main plant build-
ing. Since the Union desires to bargain for other employees in the
main plant building whose duties are similar to the warehouse em-
ployees, we see no reason for excluding the latter from the unit.
We shall include the warehouse employees in the unit.3
Powerhouse employees. There are 28 employees in the power-
house, which is a separate building connected to the main plant build-
ing by means of a tunnel. Of the 28 employees in the powerhouse, 7
are engineers and are excluded by agreement of the parties, and 21
are hourly paid employees who shovel coal, clean machinery, and
perform miscellaneous tasks about the powerhouse. The Union does
not admit any of the powerhouse employees to its membership. Under
the circumstances, we -shall exclude all the powerhouse employees
from the unit.
Plant clerks. The Company employs 43 hourly paid clerks who
keep a record of the amount of raw materials used by the produc-
tion workers. They also check the materials going to the blending
platform to see that no decayed vegetables are being used. We find
that the plant clerks are clerical employees and shall exclude them
from the unit.4
Assistant foremen and sub f oremen. The record does not show
whether there are any assistant foremen, assistant foreladies, sub-
foremen, or subforeladies paid on a salary b asis. If there are,
however, they are excluded by agreement of the parties. The re-
mainder of the assistant foremen, assistant foreladies, subforemen,
and subforeladies are hourly paid employees who have been taken
from the ranks of the production workers and given an increase in
their hourly-rate. They are not admitted to membership in the
Union. We find that they are supervisory employees and shall
exclude them from the unit.
8 See Matter of Terminal Flour Mills Company and International Longshoremen's and
11 arehousemen 's Union Local 1-28, 8 N. L. R. B 381
4 See Matter of Yates-American Machsne Company and International Association of
Machinists , Local 1139 (A. F. L ), 10 N. L. R B. 786.
400 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Seasonal and temporary employees. During the tomato season,
which lasts from the latter part of July to approximately the first of
November, the Company hires additional employees. The Company
.contends that such employees are not seasonal or temporary employees.
The evidence shows that during 1939 the Company hired from 200 to
.300 employees during the tomato season and, after the season, although
it discharged about 80 employees, it hired 287 additional employees.
During the tomato season, the entire plant is engaged in working on
tomatoes. The record indicates, moreover, that due to increased pro-
duction during the past few years, most of the employees hired during
the tomato season have been employed throughout the year. Under
the circumstances we find that employees hired during the tomato
-season are not seasonal or temporary employees.5
We find that the production, maintenance, service, cafeteria, and
warehouse employees of the Company, excluding office clerks, plant
.clerks, powerhouse employees, engineers, watchmen, assistant fore-
men, assistant foreladies, subforemen, subforeladies, and all other
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining and 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 an election by secret ballot is necessary to resolve the
.question concerning representation of the employees of the Company.
The Union desires that the pay' roll of July 10, 1940, immediately
preceding the tomato season, be used for the purpose of determining
those'eligible to vote. Since we have found in Section V, supra, that
.employees hired during the tomato season are not seasonal or tem-
porary employees, we shall use as the date,for determining eligibility
of employees to vote the pay-roll date immediately preceding the date
,of this 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 Campbell Soup Company , Chicago, Illinois,
within the meaning of Section 9 ( c) and Section 2 (6) and (7) of the
National Labor Relations Act. I I - - - - -
5 All new employees, including those hired dui mg the tomato season, are eligible to
membership in the Union.
CAMPBELL SOUP COMPANY 401
2. The production, maintenance , service, cafeteria , and warehouse
employees of the Company , excluding office clerks , plant clerks , power-
house employees , engineers , watchmen, assistant foremen , assistant
foreladies , subforemen , subforeladies , and, all other supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining.
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 Campbell Soup, Company, Chicago, Illinois, an election by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Thirteenth 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 production, maintenance, service, cafeteria, and warehouse em-
ployees of the company who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, including
those employees who did -not work during such pay-roll period because
they were ill or on vacation, and employees who were then or have
since been temporarily laid off, but excluding office clerks, plant
clerks, powerhouse employees , engineers , watchmen, assistant foremen,
assistant foreladies , subforemen , subforeladies , and all other super-
visory employees, and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by United Cannery, Agricultural, Packing & Allied Workers
of America, Local #194, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
November 8, 1940
On September 23, 1940, the National Labor Relations Board issued
a Decision and Direction of 'Election in the above-entitled proceed-
ings. Pursuant to the Direction of Election , an election by secret
ballot was conducted on October 22, 1940, under the direction and
323428-42-vol 27-27
402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). On October 23, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued an Elec-
tion Report, a copy of which was duly served upon the parties. 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 eligible list------------------------ -------- 1,667
Total ballots cast----------------------------------------- 1,610
Total ballots challenged---------------------------------- 4
Total blank ballots----------------------------------------- 4
Total void ballots---------------------------------------- 4
Total valid votes cast ------------------------------------- 1,598
Votes cast for United Cannery, Agricultural , Packing and
Allied Workers of America , Local # 194, affiliated with
Congress of Industrial Organizations-------------------- 1,139
Votes cast against United Cannery, Agricultural , Packing and
Allied Workers of America, Local #194, affiliated with
Congress of Industrial Organizations-------------------- 459
Since the four challenged ballots cannot affect the results of the
election we find it unnecessary to pass upon the challenges.
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 United Cannery, Agricultural, Packing
& Allied Workers of America, Local #194, affiliated with Congress
of Industrial , Organizations,, has been designated and selected by a
majority of the production , maintenance , service, cafeteria , and ware-
house employees of Campbell Soup Company, Chicago, Illinois, ex-
clusive of office clerks, plant clerks, powerhouse employees, engineers,
watchmen , assistant foremen, assistant foreladies , subforemen, sub-
foreladies and all other supervisory employees, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the National Labor Relations Act, United Cannery,
Agricultural, Packing & Allied Workers of America, Local #194,
affiliated with Congress of Industrial Organizations , is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages , hours of employment.
and other conditions of employment.
27 N. L . R. B.; No 85a. - - -