McAfee Candy Co.

National Labor Relations Board - Board Decisions

Dec 20, 1946

71 N.L.R.B. 1239 (N.L.R.B. 1946)

In the Matter Of MCAFEE CANDY COMPANY, EMPLOYER and UNITED
CONSTRUCTION WORKERS , AFFILIATED WITH UMWA-A. F. OF L.,
PETITIONER
Case No. 10-R4207.-Decided December 00, 1946
Mr. W. A. Bootle, of Macon, Ga., for the Employer.
Mr. Harry Livingston, of Macon, Ga., for the Petitioner.
Mr. Arthur Christopher, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board
on October 23, 1946, conducted a prehearing election among em-
ployees of the Employer in the alleged appropriate unit, to determine
whether or not they desired to be represented by the Petitioner for
purposes of collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 118 eligible
voters and that 110 of these eligible voters cast ballots, of which 105
were for the Petitioner, 4 were against the Petitioner, and 1 was
challenged.
Thereafter, a hearing was held at Macon, Georgia, on November 8,
1946, before Clifford L. Hardy, hearing officer. At the hearing, the
Employer moved to dismiss the petition on the ground that the
Board's prehearing election procedure is contrary to the provisions
of the Act. The hearing officer referred the motion to the Board for
ruling thereon. For the reasons stated by us in the Squibb case,'
the motion is denied. The hearing officer's rulings made at the
hearing are' free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
Matter of E R. Squibb cC Sons, 67 N. L R. B 557; see, also , Matter of Landis Machine
Company, Inc, 71 N. L R B 282 ; of Inland Empire District Council Lumber and Sawmill
Workers Union v. Millis, et at , 325 U S. 697.
71 N. L. R. B., No. 197.
1239
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
McAfee Candy Company is engaged in the manufacture of candy
at its plant in Macon, Georgia. During 1946, the Employer pur-
chased more than $100,000 worth of raw materials, of which amount
approximately 25 percent represented shipments to its plant from
sources outside the State of Georgia. During the same year, the
Employer sold in excess of $100,000 worth of finished products, of
which amount more than 60 percent represented shipments outside
the State.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer has refused to recognize the Petitioner as the ex-
clusive bargaining representative of employees of the Employer, in
the alleged appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties at the
hearing, that all production and maintenance employees of the Em-
ployer, excluding office employees, salesmen, watchmen, and all super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held before the hearing show that the
Petitioner has secured a majority of all the votes cast, including the
challenged ballot.2 Under these circumstances, we shall certify the
The ballot of Anne Burnley was challenged at the prehearing election by the Employer
on the ground that her employment had terminated on the date of the election. It is
unnecessary to pass upon the validity of this ballot, since it cannot affect the outcome of
the election.
McAFEE CANDY COMPANY 1241
Petitioner as the collective bargaining representative of the employees
in the appropriate unit.
• CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that United Construction Workers, affiliated
with UMWA-A. F. of L., has been designated and selected by a
majority of all production and maintenance employees of McAfee
Candy Company, Macon, Georgia, excluding office employees, sales-
men, watchmen, 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, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, the said organization 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.