Ladoga Canning Co.

National Labor Relations Board - Board DecisionsMay 18, 1942

41 N.L.R.B. 51 (N.L.R.B. 1942)

In the Matter of LADOGA CANNING COMPANY and CANNERY WORKERS LOCAL UNION No. 22961, A. F. L. Case No. R-3735.-Decided May 18, 1.'413 Jurisdiction : vegetable canning industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until its majority representation in an appropriate unit is established; payroll period prior to date Company sus- pended normal operations because of tin-rationing order used to determine eligibility; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees at one of Company's plants, excluding clerical, office, and super- visory employees, watchmen, truck drivers, and seasonal employees. Mr. Fred Olds, of East Alton, Ill., for the Union. Mr. J. Benson Saks, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by Cannery Workers Local Union No. 22961, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Ladoga Canning Company, Mound City, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jack G. Evans, Trial Examiner. Said hearing was held at Cairo, Illinois, on April 10, 1942. 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 Trial Examiner's rulings, made at the hearing, are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : 'The Company was properly served. Its plant superintendent and president were present at the hearing but refused to enter an appearance on behalf of the Company. 41 N. L. R. B., No. 12. 51 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS'OF FACT I. THE BUSINESS OF THE COMPANY Ladoga Canning Company is an Indiana corporation having its principal office in Indianapolis, Indiana. It is engaged in the busi- ness of processing and canning vegetables. The present controversy involves its plant at Mound City, Illinois. During the year 1941 this plant received, in addition to other raw materials, about 250,000 cases of cans from points outside the State of Illinois. During the same year it packed the cans-and shipped 75 percent of them to points outside the State of Illinois. II. THE ORGANIZATION INVOLVED Cannery Workers Local Union No. 22961 is a labor organization 'affiliated with the American Federation of Labor. It admits to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 17, 1941, the Union sought recognition from the Company as exclusive bargaining representative. The Company refused to accord recognition to the Union until the Union's majority representation in an appropriate unit was established. The record indicates that the Union represents a substantial number of employees in the unit hereinafter, found appropriate.2 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union contends for, and in general the Company does not oppose, a unit consisting of all production and maintenance employees at the Company's plant at Mound City, Illinois, excluding clerical, office, and supervisory employees, watchmen, truck drivers, and sea- sonal employees. The only issues in the case concern the inclusion or-exclusion of certain persons whose status as supervisory employees is questioned or who are employed as seasonal employees. The -fol- lowing are the employees involved : Bernie House: House is the assistant head of the warehouse depart- ment and supervises the storing or stacking of goods brought to that 2 The Trial Examiner reported that 35 application cards offered by the Union contained the names of persons on the Company's pay roll of January 10. 1942, and that the signatures appeared to be genuine . There are approximately 64 employees within the appropriate unit. LADOGA 'CANNING -COMPANY 53 department . The number of people working under him varies from a minimum of 2 to a maximum of about 10 . The employees working under House were told by the plant foreman to follow House's in- structions . During the absence of the plant foreman House has entire charge of the department . We find that House is a supervisory employee and should be excluded from the appropriate unit. Hazel Salmon : Salmon 'works primarily as 'a timekeeper in the Company's office. At times she gives instructions to the employees. Salmon has never done any actual production work. We find that Salmon is a clerical or a supervisory employee and should not be included in the unit. Seasonal Employees : The Company employs additional employees during its peak season. A few of these persons return year after year to help in this seasonal work, but a majority of those employed each season do not return to work the following year . Under these circumstances , we find that the seasonal employees should be excluded from the appropriate unit. We find that all production and maintenance employees at the Com- pany's plant at Mound City, Illinois, excluding clerical , office, and supervisory employees, watchmen , truck drivers , and seasonal em- ployees constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (c) of the Act. V. THE DETERMINATION OF REPRESENTATIVES . We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot. The normal operations of the Company have been interrupted by the tin-ration- ing order of the War Production Board issued during the latter part of February 1942. At that time a large number of employees were laid off. Since then the Company has been processing certain vegetables under priorities orders of the War Depart:nent. As a ,result of the present war situation and the above-mentioned tin- rationing order the future operations of the Company have been rendered uncertain. The Union desires use of a pay-roll date prior to the date on which the Company suspended normal operations under the tin-rationing order of the War Production Board to determine eligibility to vote. The record discloses that such a pay roll would be representative of the normal complement of persons employed and the Company admits that in the event it resumes normal operations, persons on such a pay roll would be reemployed first, since they are familiar with the work. The Company takes no position as to the pay-roll date. We shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who were employed during the pay-roll period next preceding Feb- ruary-l5, 1942, subject to the limitations and additions set forth in the Direction herein. 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective' bargaining with Ladoga Can- ning Company, Mound City, Illinois, 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 super- vision of the Regional Director for the Fourteenth 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 the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period next preceding Feb- ruary 15, 1942, including any such employees who did not work during said-pay-roll period because they were ill or on vacation or in the ac- tive military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Cannery Workers Local Union No. 22961, affiliated with the American Federation of Labor, for the purposes of collective bargaining. In,the-Matter of LADOGA CANNING COMPANY and CANNERY WORKERS ,LOCAL UNION No. 22961, A. F. L. Case No. R-3735 CERTIFICATION OF REPRESENTATIVES June 29, 194 On May 18, 1942, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on June 6, 1942, under the direction and supervision of the Regional Director for the Fourteenth Region (St. Louis, Missouri). On June 8, 1942, the Regional Director, acting pursuant to Article in, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. No objections to the conduct of the ballot or to the Election Report were filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total number of ballots cast------------------------------ 63 Number, of ballots challenged---------------------------- 10 Number of blank ballots---------------------------------- 0 Number of void ballots ---------------- --------- _------- 0 Number of valid votes counted---------------------------- 53 Number of votes for CANNERY WoRE as LocAL UNION No. 22961, AFL------------------------------------------- 53 Number of votes against CANNERY WoREEERs LOCAL UNION No. 22961, AFL------------------------------------------ 0 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Cannery Workers Local Union No. 22961, affiliated with the American Federation of Labor, has been 141 N. L. R. B. 51. 41 N. L. R. B., No. 12a 55 56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD designated and selected by a majority of all the production and maintenance employees of Ladoga Canning Company, Mound City, Illinois, exclusive of clerical, office, and supervisory employees, watch- men, truck drivers, and seasonal employees, as their representative for the ,purposes of collective bargaining, and that, pursuant to the pro- visions of Section 9 (a) of the National Labor Relations Act, Cannery 'Porkers Local Union No. 22961, affiliated with the American Fed- eration of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. - -