J. R. Watkins Co. of Delaware

National Labor Relations Board - Board Decisions

Nov 27, 1940

28 N.L.R.B. 145 (N.L.R.B. 1940)

In the Matter of J. R. WATKINS COMPANY OF DELAWARE AND J. R.
WATKINS COMPANY OF MARYLAND and UNITED CANNERY, AGRICUL-
TURAL, PACKING AND ALLIED WORKERS OF AMERICA
Case No. R-0137.-Decided November 27, 1940
Jurisdiction : drug, cosmetic, and food product manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union and request that certification be obtained ;
election necessary. "
Unit Appropriate for Collective Bargaining
Production, maintenance, and shipping room employees, (excluding super-
visory and office employees) employed by either or both Companies held
appropriate in view of the close functional relationship between the opera-
tions of both Companies, the single management over such operations, and
the joint use of the same premises, and in view of the fact that the Com-
panies raised no objection to the proposed single unit.
Mr. John T. Shea, of Memphis, Tenn., for the Company. -
Mr. Robert`E. Himmaugh, of Memphis, Tenn., for the,Union.
Mr. Sidney L. Davis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 21, 1940, United Cannery, Agricultural, Packing and
Allied Workers of America, herein called the Union, filed with the
Regional Director for the Tenth Region (Atlanta, Georgia), it peti-
tion, which' it thereafter amended at the hearing mentioned below,
alleging that a question affecting commerce had arisen concerning the
representation of employees of J. R. Watkins Company of Delaware,
Memphis, Tennessee, herein called the Delaware Company, and of
J. R. Watkins Company of Maryland, Memphis, Tennessee, herein
called the Maryland Company, and herein collectively referred to as
the Companies,' and requesting an investigation and certification of
'The Companies were designated in the petition and in ' the • other formal papers as
"J. R. Watkins Company " In accordance with a motion made at the hearing, which
we heieinafter grant, the caption of the case has been changed to read as above, and,
the petition and other formal papers amended in like manner -
28 'N L., R B.,-No. 23 , i
145. ""
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representatives pursuant to Section 9 '(c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On' October 24 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 Regulations-Series 2,
as amended , ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On October 28 the Regional Director issued a notice of hearing,
copies of which were duly served upon the Companies , and upon the
Union. Pursuant to the notice a hearing was held on November 8 at
Memphis, Tennessee , before Alexander E. Wilson, Jr., the Trial Ex-
aminer duly designated by the Board. The Companies were . repre-
sented by counsel , the Union by its representative , and all 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 . At the beginning of the
hearing the , Union moved to amend the petition and other formal
papers in certain respects . The Companies did not object to the
motion and stated for the record that proper service had been had
upon them. The motions are hereby granted. During the course of
the hearing the Trial Examiner made various rulings on other
motions and on objections to the admission of evidence . The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed . The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
J. R. Watkins Company of Maryland is a Maryland corporation
engaged in the manufacture of medicines , cosmetics , and food prod-
ucts. J. R. Watkins Company of Delaware is a Delaware corpora-
tion engaged in- shipping and selling the products manufactured by
the Maryland Company. The home office of both Companies is in
Winona, Minnesota . The Maryland Company maintains a plant in
Memphis, Tennessee , upon premises also occupied and used by the
Delaware Company .. There is no physical separation in the space
devoted to the activities there carried on by the Companies . A single
operating manager is in charge of the operations of both Companies.
This proceeding concerns employees of the Companies at work in the
plant at Memphis.
In the course of manufacturing operations at the Memphis plant,
the Maryland Company uses various raw materials including spices,
J. R. WATKINS COMPANY 147
extracts, drugs, and packing material. Approximately 90 per cent
of the raw materials thus used are regularly purchased-and shipped to
the plant from outside the State of Tennessee. The Companies main-
tain for distribution at the Memphis plant not only the finished
products there manufactured by the Maryland Company but also
finished products shipped there from other plants also operated by
the Maryland Company, such other plants being located elsewhere
and not herein involved. Approximately 87 per cent of all such
finished products, amounting to over $1,000,000 annually, are sold and
shipped from the. Memphis plant by the Delaware Company to
customers outside of Tennessee.
II. THE ORGANIZATION INVOLVED
. United Cannery, Agricultural,. Packing and Allied Workers of
America is a labor organization affiliated with Congress of Industrial
Organizations, admitting to membership production, maintenance,
and shipping-room employees of the Companies in the plant at
Memphis, Tennessee, exclusive of supervisory and office employees.
III. THE QUESTION CONCERNING, REPRESENTATION
On or about October 10, 1940, the Union requested the Companies
to recognize it as the statutory representative of employees at the
Memphis plant. The Companies refused this request unless and until
the Union had been certified as such representative by the Board.
At the hearing the Trial Examiner reported and stated for the pur-
poses of the record that a substantial number of employees of the
Companies within the unit hereinafter found to be appropriate had
applied for membership in the Union and designated it as their col-
lective bargaining agency in all matters pertaining to pay rates,
wages, hours of employment, and other conditions of employment.2-
We find that a question has arisen concerning the representation
of employees of the Companies.
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 Companies
described in Section •I above, has a close, intimate, and substantial
relation to' trade, traffic, and commerce among the several States and
'The Trial Examiner reported that 57 of 78 employees on the November 2, 1940, pay
roll of the Maryland Company for the Memphis plant, and 28 of 33 employees on the
November 2- 1940, pay,roil of the Delaware Company for that plant, signed cards making
such application and designation. -
413597-42-vol 28-11
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tends' to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union claims that. all production, maintenance, and shipping-
room employees at the Memphis plant, whether employed by either
or both Companies, excluding supervisory and office employees, con-
stitute a single unit appropriate for the purposes of collective bargain-
ing with the Companies. The Companies take no position concerning
the unit thus claimed to be appropriate. In view of the facts set
forth in Section I above establishing the close functional relationship
between the operations of both Companies at the Memphis plant, the
single management over such-operations, and the joint use of the
same premises, and in view of the fact that no objection is here raised
by the Companies to the proposed single unit, we see no reason for
not finding such a unit' appropriate. Accordingly we find that all
production, maintenance,, and shipping-room employees at the Mem-
phis plant whether employed by either or both Companies, excluding
supervisory and office employees, constitute a unit appropriate for
the purposes of collective bargaining and that said unit -will insure
to said employees of the Companies 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
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. We shall use as the date -for determining eligibility of em-
ployees to vote the pay-roll period next-preceding the date of the
Direction of Election, subject to such limitations and additions as are
set forth in the, Direction.
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, J. R. Watkins Company of Delaware,
Memphis, Tennessee, and J. R. Watkins 'Company of Maryland,
Memphis,- Tennessee, employed at the plant at Memphis, Tennessee,
within the meaning of Section 9 (c) and Section 2 ( 6) and (7) of the
National Labor Relations Act.
2. All production, maintenance; and shipping=room employees at
the Memphis plant, whether employed by either or both Companies;
J. R. WATKINS coMPANY 149
excluding supervisory and office employees, constitute a unit appro-
priate for the purposes of collective bargaining, within'the meaning
of Section 9 (b) of the National Labor Relations Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby -
DIREC n that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with J. R.. Watkins Company of Delaware, Memphis, Tennessee, and
J. R. Watkins Company of Maryland, Memphis, Tennessee, an elec-
tion by secret ballot shall be conducted as early as possible but not
later than thirty (30) days from the date of this Direction of Elec-
tion, under the direction and supervision of the Regional Director
for the Tenth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among all production, maintenance, and
shipping-room employees at the plant in Memphis, Tennessee, owned,
operated, or used by said Companies, whether such employees be
employed by either or both said Companies, who were employed dur-
ing the pay-roll period next preceding the date of this Direction;
including employees who did not work during such pay-roll period
because they were ill or on vacation and who were then or have since
been temporarily laid off, but excluding employees who have since
quit or been discharged for cause, and also excluding supervisory and
office employees, to determine whether or not they desire to be repre-
sented by United Cannery, Agricultural, Packing and Allied Workers
of America, affiliated with Congress of Industrial Organizations, for
the purposes of collective bargaining.
CH i ninx HARRY A. MILLIS took no part in the consideration of the
above Decision and,Direction of Election.