Food Machinery Corp.

National Labor Relations Board - Board DecisionsDec 14, 1945

64 N.L.R.B. 1405 (N.L.R.B. 1945)

In the Matter of FOOD MACTrINERY CORPORA'rION, SPRAGUE-SELLS DIVISION and UNITED Fur EQUTPTTENT & METAL WORKERS OF An1ERTCA, C. I. O. Case No. 13-R4168--Decided December 4 1945 Mr. Harold IV. Norman, of Chicago, Ill., for the Company. Meyers & Meyers, by Mr. H. E. Baker, of Chicago, Ill., and Messrs. O. M. McGrew, Robert Lanigdac, and Cova Curry, of Hoopeston, Ill., for the Union. dtis.c Ruth E. Bliefield, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STA'1'balIT':A1` OF Ti IE CASE Upoii a petition duly filed by United Farm Equipment & Metal Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Food Machinery Corporation, Sprague-Sells Divi- sion, Hoopeston, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. The hearing was held at Hoopeston, Illinois, on August 17, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Company moved to dismiss the petition on the ground that an election at this time is not appropriate inasmuch as the number of employees in the Company's employ will be greatly reduced with the resumption of peacetime operations, and the composition of the work- ing force will be greatly changed by the return of employees from the armed services. The Trial Examiner reserved ruling on the motion. For the reasons stated in Section V, infra, the motion is hereby allowed. The Trial Examiner's rulings made at the heariii are free from prejudicial error and are hereby affirmed. All parties were. afforded opportunity to file briefs with the Board. The Com- pany's request for oral argument is denied. Upon the entire record in the case, the Board makes the following: 64 N. L R . B., No. 232. 1405 1406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Sprague-Sells Division, Hoopeston, Illinois, with which we, are solely concerned herein, is a division of, and is operated by, Food Machinery Corporation, a Delaware corporation. Food Machinery Corporation also operates Coastal Chemical Company, Incorporated, Cutler Equipment Company, the Archema Equipment Company, Niagara Sprayer and Chemical Company and Niagara Company, Lim- ited, with branches of these various subsidiaries at California, Michigan, Ohio, Illinois, Maryland, New York, Florida, Texas, and Canada. The Sprague-Sells Division manufactures food machinery. The chief raw materials used are iron, steel, brass, paint, and sand. Pur- chases made by this division during the year 1944 were valued in excess of $100,000, more than 2,5 percent of which came from points outside the State of Illinois. Sales made by the division for the same period amounted to more than $100,000, and in excess of 90 percent of the goods sold were shipped to points outside the State. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Farm Equipment & Metal Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In June 1945, the Union requested recognition as the exclusive bar- gaining representative of certain of the Company's employees, stating that it represented a majority of such employees. The Company has refused to grant such recognition. A statement of a B card agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' 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. ' The Field Examiner reported that the Union submitted 175 application cards ; that the Company's pay roll contained the names of 344 employees-in the appropriate unit, and that of the cards submitted. 65 were dated April 1945, 3 were dated May 1945, 26 were dated June 1945, and 81 were undated. FOOD MACHINRRY CORPORATION IV. THE APPROPRIATE UNIT 1407 The parties agree that the appropriate unit should consist of all production and maintenance employees of the Company, including watchmen and guards,' pattern makers, leadmen,3 and servicemen, but excluding experimental employees, inspectors, clerks in the fore- men's offices, office employees, the shipping clerk ,4 foremen, and super- visors. The parties disagree, however, with respect to the following categories: Nurse: The Company would include, and the Union exclude, the nurse. The Company employs one trained nurse who works in the plant, but is under the supervision of the personnel director and is on the office pay roll. She does first-aid work, and makes reports of injuries to the personnel director. Inasmuch as she is not engaged in production and maintenance work, and in view of the specialized character of her services, we shall exclude the nurse from the unit.' Stockroom clerks: The Company would exclude, and the Union include, the stockroom clerks. The Company employs 10 to 12 stock- room clerks, who work under the supervision of the stockroom super- visor, who is in turn responsible to the head of the planning depart- ment. These employees keep an inventory of materials received and delivered and prepare requisitions for material taken out of the plant. They also file orders for materials. The stockroom clerks are on the plant pay roll and receive vacations in accordance with the schedule for plant personnel. From the foregoing facts it appears that these employees are essentially factory clericals whom we generally include in a unit of production and maintenance employees in the absence of an agreement of all the parties to exclude them. We shall, therefore, include the stockroom clerks in the unit. Toolroom clerks: The Company would exclude, and the Union in- clude, the toolroom clerks. These employees work under the super- vision of the plant superintendent, are on the plant pay roll, are paid on an hourly basis, and receive their vacations under the plant vacation plan. They have charge of all tools and equipment, such as jigs and fixtures, that are used in the shop, checking them in and out to the machinists or other employees who may use them; they also keep records of these tools. It appears that the toolroom clerks, like the stockroom clerks, perform work which is similar to that performed by factory clericals, and, therefore, in the absence of an agreement of all 2 The watchmen and guards are not militarized . Nor does it appear that they possess monitorial authority with respect to other employees 'These employees are not supervisory within the meaning of the Board ' s customary definition. 4 Chauncey watkina. 6 See Matter of The Harrison Steel Castings Company , 63 N. L. R. B. 585. See Matter of The Harrison Steel Castings Company, 63 N L it. B 585. 1408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the parties to exclude them, we shall include the toolroom clerks in the unit.' Receiving clerk: The Union would include the receiving clerk, while the Company contends he is in the same category as the stockroom and toolroom clerks and should be treated in the same manner. The receiving clerk is hourly paid, is on the plant pay roll, and receives his vacations under the plant vacation plan. He is responsible for checking in merchandise received by the Company, and in the course of his duties directs the work of a few laborers from time to time in the hauling of materials. It was testified, however, that he is not a supervisory employee. It appears that the duties of the receiving clerk are similar to those of the stockroom and toolroom clerks, whom we have included in the unit, and his interests are clearly aligned with theirs. We shall, therefore, include the receiving clerk in the unit. We find that all production and maintenance employees of the Company at its Sprague-Sells Division. Hoopeston, Illinois, including watchmen and guards, pattern makers, leadmen, servicemen, stock- room clerks, toolrooin clerks, and the receiving clerk; but excluding the nurse. experimental employees, inspectors, clerks in the foremen's offices, office employees, the shipping clerk, foremen, supervisors, and all other supervisory employees with authority to hire promote, dis- charge, discipline, or otherwise effect changes in the status of employ- ees, or effectively recommend such action, consi itute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. V. THE DETrRMI A'I'ION OF REPRESENT VTIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company employs certain students and teachers on a temporary basis during the school vacation period, most of whom are expected to return to school when the fall term commences. Since the school term has already started and will have been in session for some time by the time the election is held, we find it unnecessary to make any determination with respect to these employees, the parties having stated that any that remain in the Company's employ after the start of the school semester would be considered permanent employees and eligible to vote. As noted before, the Company moved to dismiss the petition, con- tending chat ,in election at this time would not be appropriate because the number of its employees will be materially reduced when it re- turns to peacetime production and the composition of its working force will be greatly changed by the return of employees from the ` See footnote 5, supra. FOOD MACHINERY CORPORATION 1409 armed services. The record reveals that the Company now employs approximately 344 production and maintenance workers. The Con-1- pany's normal prewar complement of employees in the appropriate unit was about 250. In addition, there are about 95 employees of the Company in the armed forces. The Company argues that after its Navy contracts are cancelled and its manufacturing is again confined to the production of canning machinery, it may have to reduce its working force in the appropriate unit to the prewar level of 250 em- ployees, of which number 95 are subject to replacement by returning veterans. The Company contends in the alternative that an election should be postponed for the "short interval which will bring; about the return to normal employment." However, there is nothing to show how many former employees now in the armed services will re- turn to the Company's employ, and there is nothing to indicate the time which must perforce elapse before the anticipated change to peacetime production is accomplished. Nor is there any evidence to show that reconversion N\111 necessitate a substantial change in opel - ations or the hiring of personnel with different skills. Under these circumstances, we can see no reason to dismiss the petition or delay an elections The Company requests, if an election is directed, that we permit the use of mail ballots by employees in the armed services. The cir- cumstances in this case are not substantially or materially different from those present in the South West Pennsylvania Pipe Lines case' We shall, therefore, as in that case, provide for mail balloting of em- ployees on military leave. As we stated in the South, West Penin- yl eamia decision : The Board's experience has shown that the speed and efficacy with which it can conduct elections has depended to a great extent upon the degree of cooperation afforded°it by the interested parties with respect to matters such as the physical arrangements for the election and the preparation of eligibility lists. A free interchange between the interested parties of information on the addresses and work categories of the employees to be balloted by mail will be necessaay iii order to avoid challenges and post- election objections. Accordingly, the, Board will make available to all interested parties any information of this nature furnished it by any other party. In the event that the parties should send the absentee voters any information. or literature e bearing 'Acceptance of trananiitta l of such literu t are by the Boards office- is not to be eon- 'ti II ed as couferring mm^u nit on the Kling party in the event that objections are Liter interposed conceiniur its content The usual principles will apply 8 See Matter of Reliable Nat Co . 63 N L. R B 357, and Matter of Edison General Electric Co., Inc,.. 63 N. L. R B 968. 9 64 N . L R B 1384 . issued December 13, 1945 670417-46-vol 64-90 1410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD directly or indirectly on the pending election , copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties. We adopt the same procedure in this case. Accordingly , we shall direct that the question concerning representa- tion be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period im- mediately preceding the date of the election herein, subject to the limi- tations and additions set forth in the Direction : In this case, the Regional Director is authorized to mail ballots to employees within the appropriate unit on military leave, provided one or more of the parties hereto, within seven (7 ) days from the issuance of the Direction of Election , files with the Regional Director a list containing the names, most recent addresses , and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by em- ployees on military leave, provided that such ballots must be returned to and received at the Regional Office within thirty (30) days from the ,date they are mailed to the employees by the Regional Director. 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Food Machinery Corporation, Sprague - Sells Division , Hoopeston, Illinois, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations , among 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 vacation or temporarily laid off , and including employees in the armed forces of the United States, but excluding those employees who have since quit or been discharged for cause and have not been , rehired e )r reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Farm Equipment & Metal Workers of America , C. I. 0., for the purposes of collective bargaining.