H. J. Heinz Co.

National Labor Relations Board - Board Decisions

Sep 23, 1941

35 N.L.R.B. 650 (N.L.R.B. 1941)

In the Matter of H. J . HEINZ COMPANY and FEDERAL LABOR UNION,
' HEINZ BOWLING GREEN LOCAL (A. F. OF L.)
Case No. R-2959.-Decided September 23,.1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. N. J. Simpson, of Bowling Green, Ohio, for'the Company.
Mr. Ray J. Long, of Bowling Green, Ohio, for the Union.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On July 26, 1941, the American Federation of Labor filed with
the Regional Director for the Eighth Region (Cleveland, Ohio) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of H. J. Heinz Company,
Bowling Green, Ohio, herein called the Company, engaged in the
bottling of ketchup, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On August
16, 1941, 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 and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropri-
ate hearing upon due notice. On August 15, 1941, the Company,
Federal Labor Union, Heinz Bowling Green Local (A. F. of L.),'
herein called the Union, and the Field Examiner and Acting Regional
Director entered into a "STIPULATION FOR CERTIFICATION
UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 20, 1941, under the direction and supervision of
the Regional Director, among all hourly paid production and main-
tenance employees of the H. J. Heinz Company, including watchmen
i Although the petition was filed by the American Federation of Labor, the stipulation
was signed by the Local.
35 N L. R. B., No. 141.
650
H. J. HEINZ COMPANY 651
and timekeepers working in the plant at Bowling Green, Ohio, and
establishing the type of work as represented by the pay roll of
July 15, 1941, and excluding all salaried foremen and supervisors,
all office employees, and tomato season employees, to determine
whether or not said employees desired to be represented by the
Union for the purposes of collective bargaining with the Company.
On August 26, 1941, the Regional Director issued and duly served
upon the parties his Election Report on the ballot. No objections to
the conduct of the ballot or the Election Report have been filed by
any of the parties.
In his Election Report the Regional Director reported as' follows
concerning the balloting and its results :
Total number on eligibility list___________________________ 132
Total number of ballots cast______________________________ 130
Total number cast for Federal Labor Union, Heinz Bowling
Green Local (A. F of L.) ------------------------------- 97
Total number cast against Federal Labor Union, Heinz
Bowling Green Local (A. F of L.) ---------------------- 33
Total number of blank ballots_____________________________ 0
Total number of void ballots_____________________________ 0
Total number of challenged ballots________________________ 0
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of H. J. Heinz Company, Bowling Green,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National,Labor Relations Act.
2. All hourly paid production and maintenance employees of the
Company, including watchmen and timekeepers working in the plant
at Bowling Green, Ohio, but excluding all salaried foremen and
supervisors, all office employees, and tomato season employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. Federal Labor Union, Heinz Bowling Green Local (A. F. of L.),
has been designated and selected by a majority of the employees in
the above unit as their representative for the purposes of collective
bargaining, and is the exclusive representative of all the employees
in said unit within the meaning of Section 9 (a) of the National
Labor Relations Act.
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, '
IT IS HEREBY CERTIFIED that Federal Labor Union, Heinz Bowling
Green Local (A. F. of L.), has been designated and selected by P.
majority of all hourly paid production and maintenance employees
of the Company, including watchmen and timekeepers working in
the plant at Bowling Green, Ohio, but excluding all salaried foremen
and supervisors, all office employees, and tomato season employees,
as their representative for the purposes of collective bargaining,
and that pursuant to the provisions of Section 9 (a) of the Act,
Federal Labor Union, Heinz Bowling Green Local (A. F. of L.),
is the exclusive representative of all such employees for the pur-
poses of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.