Farm Crest Bakeries, Inc.

National Labor Relations Board - Board Decisions

Jul 7, 1944

57 N.L.R.B. 108 (N.L.R.B. 1944)

In the Matter of JERSEY FARM BAKING COMPANY AND ORCHARD FARM
PIE COMPANY, D/B/A FARM CREST BAKERIES, INC. and INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL 327, A. F. OF L.
Case No. 7-R-1704.-Decided July 7,1944
Messrs:, Arthur J. Ellis and Melvin A. Reed, of Detroit, Mich., for
the Company.
Mr. J. E. Crow, of Detroit, Mich:, for the Union.
Mr. Louis Cokin, of counsel to the Board.
I
FINDINGS OF FACT
1. THE BUSINESS OF•THE COMPANY
Jersey Farm Baking Company, Orchard Farm Pie ,Company, and
Farm Crest Bakeries, Inc., are Delaware corporations. Jersey Farm
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Operating En-
gineers, Local'327, A. F. of L., herein called the Union, alleging'that
a question affecting commerce had arisen concerning the representa-
tion of employees of Jersey Farm Baking Company and Orchard
Farm Pie Company, d/b/a Farm Crest Bakeries, Inc., Detroit, Mich-
igan, herein called the Company; the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
J. Wiener, Trial_Exalniner. Said hearing was held at Detroit, Mich-
igan, on June 16, 1944. The Company and the Union appeared at, and
participated in, the hearingll All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the'entire record in the case, the Board makes the following:
1 Although Bakery & Confectionery
Brotherhood of Firemen and Oilers
appear.
57 N. L: R: B., No.' 21.
108
Workers Union , Local 326, A. F. L. and International
were served with Notice of Hearing , they did not
FARM CREST, 'BAKERIES, INC. 109
Baking Company and Orchard Farm Pie Company operate pastry
baking plants at Detroit, Michigan. Farm Crest Bakeries, Inc., is, a
management company which operates the two afore-mentioned com-
panies. During 1943 the Company,sold products valued' at about
$500,000, 10 to 15 percent of which was shipped to points outside the
State of Michigan. During the same period the Company purchased
materials valued at about $200,000, about 50 percent of which was
shipped to it from points outside the State of Michigan. We find that
the Company is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local 327, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 21, 1943, the Union requested the Company to recog-
nize it as the exclusive collection bargaining representative of the
Company's employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be oppropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT'
The Union urges that all refrigeration and boiler operators of the
Company, constitute an appropriate unit. The Company takes no
position-with respect to the scope of the unit.` Evidence introduced
at the hearing indicates that the employees claimed by the Union con-
stitute a well-defined homogenebus group.3
We find that all refrigeration and boiler operators at the Detroit
plants of the Company excluding all supervisory employees with au-
thority, to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
2 The Field Examiner reported that the Union presented four authorization cai ds bear-
ing apparently genuine signatures of persons whose names appear on the Company's pay
roll of March 15, 1944, which contains the names of four persons in the appropriate unit.
3 They are specifically excluded from a contract between the Company and Bakery &
Confectionery Workers Union covering production and maintenance employees.
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an,election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
'Election herein, subject to the limitations and 'additions set forth in-
the Direction.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jersey Farms
Baking Company and Orchard Farm Pie Company, d/b/a Farm
Crest Bakeries, inc., Detroit, Michigan, 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 super-
vision of the Regional Director for the Seventh Region, acting in this
matter as agent for the National Labor-Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations;
among the employees in the unit found appropriate in Section IV;
above, who were employed during the pay-roll period immediately
preceding, the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on va-
cation or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
International Union of Operating Engineers, Local 327, affiliated with
the American Federation of Labor, for the purposes of collective bar-
gaining.