Fruit Products Corp.

National Labor Relations Board - Board Decisions

Aug 30, 1938

8 N.L.R.B. 982 (N.L.R.B. 1938)

In the Matter of FRUIT PRODUCTS CORPORATION and UNITED FRUIT
WORKERS LOCAL INDUSTRIAL UNION No. 46, AFFILIATED WITH UNITED
CANNERY, AGRICULTURAL, PACKING & ALLIED WORKERS OF AMERICA,
C. I. O.
Case No. R-97'5.-Decided August 30, 1938
Fruit Products Mauufacturivg Industry-Investigation of Representatives:
controversy concerning representation of employees' controversy concerning
appropriate unit; majority status disputed by employer ; strike-Unit Appro-
priate for Collective Bargaiwvng : all employees excluding the officers and officials,
the superintendent or her successor , office and clerical help, drivers , salesmen
and sales force, and two specified foreladies or their successors , but including
working assistant foremen who are classified by the Company as foremen or
assistant foremen ; stipulation as to-Certificatron of Represesitatrves: upon
stipulation as to union majority in unit and no other union involved.
Mr. Richard Hickey, for the Board.
Mr. Charles F. A. Gallagher, of New York City, and Patent, Stern
& Rachstein, by Mr. Jacob Patent, of New York City, for the
Company.
Mr. Samuel L. Rothbard, of Newark, N. J., for the United.
Mr. A. George Koplow, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 29, 1938, United Fruit Workers Local Industrial Union
No. 46, affiliated with United Cannery, Agricultural, Packing & Allied
Workers of America, C. I. O., herein called the Union, filed with the
Regional Director for the Second Region (New York City) a peti-
tion alleging that aquestion affecting commerce had arisen concerning
the representation of employees of Fruit Products Corporation, Belle-
ville, New Jersey, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On July 21, 1938, 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
8 N. L. R B., No. 121.
982,
DECIS?ONS AND ORDERS 983
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 July 25, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and upon the
Union. Pursuant to the notice, a hearing was held on -August 4,
1938, at Newark, New Jersey, before Herbert A. Lien, the Trial
Examiner duly designated by the Board. 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMP.%NY
Fruit Products Corporation is a New Jersey corporation engaged
in the manufacture of maraschino style cherries, glace cherries,
and pineapple in its factory located at Belleville, New Jersey. It
has an inactive - subsidiary corporation named Domestic Products
Corporation. The purchases of raw material made by Fruit Prod-
ucts Corporation amounted to over $500,000, from June 1, 1937, to
June 1, 1938. Of such raw materials some 60 to 90 per cent were
shipped to the Company from outside the State of New Jersey.
Total sales of the Company from June 1, 1937, to June 1, 1938,
amounted to over $700,000. Sixty to seventy-five per cent of the
finished products were shipped outside the State of New Jersey.
H. THE UNION
United Fruit Workers Local Industrial Union No. 46, affiliated
with the United Cannery, Agricultural, Packing & Allied Workers
of America, C. I. 0., is a labor organization affiliated with the Com-
mittee for Industrial Organization, admitting to its membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated for the record that prior to the commence-
ment of the hearing the Company had questioned the appropriate-
ness of the unit urged by the Union, and the majority membership
claimed by the Union; and that for these and other reasons the
Union called a strike which was still in effect at the time of the
hearing.
984 ' NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning 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
- At the hearing the parties stipulated and-agreed that the appro-
priate unit should consist of all employees of the Company, excluding
the officers and officials, the superintendent 1 or her successor, office
and clerical help, drivers, salesmen and sales force, and two specified
foreladies 2 or their successors. The parties further stipulated and
agreed that the other persons who are classified by the Company as
foremen or assistant foremen are working assistant foremen and
should be included in the appropriate unit.
The unit as above described is appropriate and we see no reason
to depart from the wishes of the parties. We find that all employees
of the Company, excluding the officers and officials, the superintend-
ent or her successor, office and clerical help, drivers, salesmen and sales
force, and two specified foreladies or their successors, but including
working assistant foremen who are classified by the Company as fore-
men or assistant foremen, constitute a unit appropriate for the pur-
poses 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
At the hearing the parties stipulated and agreed that "United Fruit
Workers Local Industrial Union No. 46, represents a majority of the
employees in said appropriate unit and that said United Fruit Work-
ers Local Industrial Union No. 46 be certified as the sole exclusive
bargaining agency of all of the employees in said appropriate unit."
I Mrs Robinson.
2 Mrs Morse and Mrs Rosetti.
DECISIONS AND ORDERS 985
It was further stipulated and agreed that "No other Union is claim-
ing to represent the workers in said appropriate unit."
We find that the Union has been designated and selected by the
majority of employees in the appropriate unit as their representative
for the purposes of collective bargaining. It is, therefore, the ex-
clusive representative of all the employees in such unit for the pur-
poses of collective bargaining , and we will so certify.
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 Fruit Products Corporation, Belleville,
New Jersey, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All employees of the Company, excluding the officers and officials,
the superintendent, as described in Section V above, or her successor,
office and clerical help, drivers , salesmen and sales force , and two
specified foreladies as described in Section V above, or their succes-
sors, but including working assistant foremen who are classified by
the Company as foremen or assistant foremen, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
3. United Fruit Workers Local Industrial Union No. 46, affiliated
with United Cannery, Agricultural, Packing & Allied Workers of
America, C. I. 0., is the exclusive representative of all the employees
in such unit for the purposes of collective bargaining, within the
meaning of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 Rela-
tions Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that United Fruit Workers Local Industrial
Union No. 46, affiliated with United Cannery, Agricultural, Packing
& Allied Workers of America, C. 1. 0., has been designated and selected
by a majority of all employees of Fruit Products Corporation, Belle-
ville, New Jersey, excluding the officers and officials, the superin-
tendent, as described in Section V above, or her successor , office and
clerical help, drivers, salesmen and sales force , and two specified fore-
ladies as described in Section V above, or their successors, but includ-
986 NATIONAL LABOR RELATIONS BOARD
ing working assistant foremen who are classified by the Company as
foremen or assistant foremen, as their representative for the purposes
of collective bargaining and that, pursuant to the provisions of Sec-
tion 9 (a) of the Act, United Fruit Workers Local Industrial Union
No. 46, affiliated with United Cannery, Agricultural, Packing &
Allied `Yorkers of America, C. I. 0., 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 condi-
tions of employment.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Certification of Representatives.