Holley Canning Co., Inc.

National Labor Relations Board - Board Decisions

Jul 5, 1944

57 N.L.R.B. 71 (N.L.R.B. 1944)

In the Matter of HOLLEY CANNING COMPANY, INC., and AMERICAN
I FEDERATION OF LABOR, LOCAL UNION 22206
Case No. 3-R-805.-Decided July 5, 19
Mr. Harlan D. Munger, of Holley, N. Y., for the Company.
Mr. Bernard J. Murphy, of Buffalo, N. Y., for the Union.
Mr. Louis Colon,, of counsel to the Board.
DECISION
AND ,
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, Local
Uniop 22206, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Holley Canning Company, Inc., Holley, New York, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon clue notice before Peter J. Crotty, Trial Exam-
iner. Said hearing was held at Rochester, New York, on June 14, 1944.
The Company and the Union appeared, participated, and were af-
forded full opportunity 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:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Holley Canning Company, Inc., is a New York corporation oper-
ating a cannery at Holley, New York, where it is engaged in the
canning and freezing of fruits and vegetables. During the 13-month
period preceding May 31, 1944, the Company purchased raw materials
valued in excess of $100,000, 1 percent of which was shipped to it
from points outside the State of New York. During the same period
the Company sold products valued in excess of $100,000, more than
57N L R.B,No.12
71
72 • DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
30 percent of which was'shipped to points outside the State of New
York. The Company admits, for the purpose of this proceeding, that
it is engaged in commerce within the meaning of the National Labor;
Relations Act.
If. TIIE OIIGANIZA'ION INVOLVED
American Federation of Labor, Local Union 22206, is a labor organ-
ization admitting to, membership employees ofthe-Company.
III. THE QUESTION CONCERNING REPIlESENTATION
On or about May 10. 1944, the Union requested exclusive recognition
as collective bargaining representative of the Company's employees.
The Company refused this request,.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the uiiit hereinafter found to be
appropriates
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
We find, iii accordance with a stipulation of the parties, that all
regular production and maintenance employees of the Company, ex-
cluding office and clerical employees and all supervisory employees
-with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the, status of employees or effectively recommend
such action, constitute a unit appropriate for the' purposes of collet-
tine bargaining, within the meaning of Section 9 (b) of the Act.
11. 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.
The Field Examiner reported that the Union presented 17 application cards bearing
apparently genuine signatures of persons chose names appear on the pay roll of the Com-
pany 'There are approximately 22 employees in the appropriate unit.
HOLLEY CANNING COMPANY, INC.
DIRECTION OF ELECTION
73
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 Rela-
tions 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 Holley Canning
Company, Inc., Holley, New York, 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 Third Region, acting in this matter
""s .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 vacation 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 American
Federation of Labor, Local Union 22206, for the purposes of collec-
tive bargaining. '