Morgan Packing Co.

National Labor Relations Board - Board Decisions

Sep 16, 1938

8 N.L.R.B. 1139 (N.L.R.B. 1938)

In the Matter Of IVAN C. MORGAN, JOSEPH S. MORGAN, IVAN H. MOR-
GAN, MARION MORGAN KARSELL, and MARGARET MORGAN BROWN,
PARTNERS, DOING BUSINESS AS MORGAN PACKING COMPANY and IN-
TERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN
AND HELPERS, LOCAL No. 694
In the Matter of IVAN C. MORGAN, JOSEPH S. MORGAN, IVAN H. MOR-
GAN, MARION MORGAN KARSELL, and MARGARET MORGAN BROWN,
PARTNERS, DOING BUSINESS AS MORGAN PACKING COMPANY and INTER-
NATIONAL PRINTING PRESSMEN'S AND ASSISTANTS' UNION OF NORTH
AMERICA, AUSTIN LOCAL No. 403
Cases Nos. R D^?5 and R-326, respectively. Decided September 16,
1938
Canning and Packing Industry-Invcstigatiom of Representat ives: controversy
concerning representation of employees: controversy concerning appropriate
unit; employer 's refusal to grant recognition of unions ; strike-Units A ppro-
priate for Collective Bargrrinaig: craft; ( 1) employees in printing department,
excluding supervisory employees ; ( 2) persons employed as truck drivers, truck
drivers' helpers, and switchers, except such as are supervisory employees; dis-
similarity of interests and duties of members of the crafts from each other
and from production unit, absence of opposing claims by a bona fide labor
organization-Representatives: proof of choice - comparison of membership rec-
ords of unions with pay roll-Certi fiication of Representatives : upon proof of
majority representation.
Mr. C. C. Sawyer and Mr. G. P. Van Arkeel, for the Board.
Slaymaker, Merrell K., Locke, by Mr. Burke G. Slaymaker and Mr.
Theodore L. Locke, of Indianapolis, Ind., and Mr. John M. Lewis, of
Seymour, Ind., for the Company.
Mr. Fred B. Pickett, of Richmond, Ind., for the Pressmen.
Mr. Milton Siegel, of Indianapolis, Ind., for the United.
-Mr. Norval Chrisman, of Austin, Ind., for the Teamsters.
Mr. Wallace M. Cohen, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 6, 1937, International Printing Pressmen's and Assistants'
Union of North America, Austin Local No. 403, herein called the
8 N. L. R. B., No. 140
117213-39-vol 8--73 1139
1140 NATIONAL LAPOR RELATIONS BOARD
Pressmen, and International Brotherhood of. Teamsters, Chauffeurs,
Stablemen and Helpers, Local No. 694,1 herein called the Teamsters,
filed with the Regional Director for the Eleventh Region (Indian-
apolis, Indiana) separate petitions, each alleging that a question
affecting commerce had arisen concerning representation of employ-
ees of Ivan C. Morgan, Joseph S. Morgan, Ivan H. Morgan, Marion
Morgan Karsell, and Margaret Morgan Brown, partners, doing busi-
ness as Morgan Packing Company, herein called the Company, and
requesting an investigation and certification of representatives, pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On August 13, 1937, 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 Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered an
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing on due notice. On August
13, 1937, and on September 24, 1937, the Board, acting pursuant to
said Rules and Regulations, f urther ordered that the cases be con-
solidated for the purpose of hearing.2
On September 27, 1937, the Regional Director issued a notice of
hearing, copies of which, were duly served upon the Company, the
Teamsters, the Pressmen, United Cannery, Agricultural, Packing and
Allied Workers of America, Local 39, herein called the United, and
upon Federal Labor Union, No. 21147.3 Pursuant to the notice, a
hearing was held from October 7 to 16, 1937, at Indianapolis, Indiana,
before J. C. Batten, the Trial Examiner duly designated by the
Board. The Board, the Company, the Teamsters, the Pressmen, and
the United were represented by counsel, participated in the hearing,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
During the course of the hearing, the Trial Examiner made a number
of rulings on objections to the admission of evidence. The Board
has reviewed these rulings and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
' Incorrectly designated in the petition as International Brotherhood of Teamsters and
Chauffeurs, Local 694, it was amended to read as above.
2 On August 13, 1937, the Board ordered consolidation of the Teamsters ' and Pressmen's
petitions and the Teamsters' charge for the purpose of hearing These cases, on Septem-
ber 24 , 1937 , were in turn ordered consolidated with the Pressmen 's complaint and the
petition of United Cannery, Agricultural, Packing and Allied Workers of America, Local 39,
for the purpose of hearing
3 Federal Labor Union, No 21147 , moved to intervene in the hearing of the United peti-
tion The motion was granted.
DECISIONS AND ORDEI{S 1141
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Morgan Packing Company is a partnership having its principal
place of business in Austin, Indiana, and plants, warehouses, and
garages in Austin, Scottsburg, Brownstown, Columbus, Edenburg
and Franklin, Indiana. Only the Austin plant is involved in this
proceeding. The Company is engaged in the canning of fruits, vege-
tables, meat, grain, and other products. It maintains a printing
department for the printing of labels on contract and for its own
use. Raw materials and finished products are for the most part ob-
tained in Indiana and transported to the plant by trucks owned,
maintained, and operated by the Company.
For the 2 years preceding the hearing, the Austin plant used raw
materials, consisting principally of fruits, vegetables, meat, grain,
cans, boxes, paper, and ink, having an aggregate value of approxi-
mately $6,500,000. For the year ending July 1, 1937, the aggregate
value of finished products at the Austin plant was $8,400,000.4 Sev-
enty per cent of the finished products were shipped from Austin to
points outside the State of Indiana.
The plant normally employs 1,200 persons, which figure increases
during the canning season in the summer and early fall. The print-
ing and trucking departments employ approximately 75 and 150
persons respectively.
II. THE ORGANIZATIONS INVOLVED
International Printing Pressmen's and Assistants' Union of North
America, Austin Local No. 403, is a labor organization affiliated with
the American Federation of Labor, admitting to its membership all
the employees of the Company in the printing department at its
Austin plant, except supervisory employees.
International Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers, Local No. 694, is a labor organization affiliated with the
American Federation of Labor. It admits to its membership all per-
sons employed by the Company at its Austin plant as truck drivers,
truck drivers' helpers and switchers, except such as are supervisory
employees.
United Cannery, Agricultural, Packing and Allied Workers of
America, Local 39, is a labor organization affiliated with the Committee
4 The finished products of the various plants are sold fiom the Austin plant.
1142 NATIONAL LABOR RELATIONS BOARD
for Industrial Organization. It admits to its membership all the pro-
duction and maintenance employees of the Austin plant of the Com-
pany, excluding truck drivers, printing department employees, office
and clerical workers, superintendents, foremen, and other supervisory
officials , laboratory employees , and the sales force.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 15, 1937, a strike, in the commencement of which
no unions were involved, spontaneously occurred in the plant. The
organizational activities of the United, which began several days after
the strike, were the first since the abortive effort to organize the print-
ing department in the fall of 1936. The plant was completely shut
down until June 8, 1937, when a contract was entered into between the
United, representing a majority of the production and maintenance
employees, and the Company. Newman Jeffrey, the United repre-
sentative, had sought to obtain recognition of his union as the sole
and exclusive bargaining agency of all the employees, but his efforts
were unsuccessful . The contract , effective until June 1, 1938 , provided
that "the employer recognized the Union as the bargaining agency for
the members of their union ...," and that, "any employee or group
of employees shall have the right to present grievances to the Em-
ployer." In the section of the contract devoted to "adjustment of
grievances", it is readily apparent that the contract was meant to
apply to members of the United only. The contention of the Com-
pany that the contract was applicable to all employees is not tenable
upon the record.
Prior to Julie 8, 1937, the printing department employees began
organizing . The International Printing Pressmen's and Assistants'
Union of North America was contacted and, on June 12, 1937, a com-
mittee from the International carne to Austin and enrolled as mem-
bers a majority of the employees in the printing department. A
charter was issued to the local thus formed on or about July 1, 1937.
The Teamsters held their first meeting in the latter part of May and
on June 6, 1937, received their charter from the International.
William H. McHugh, vice president of the International Printing
Pressmen's and Assistants' Union of North America, conferred with
Ivan C. Morgan on July 3, 14, and 20 in an effort to obtain recognit ton
of the Pressmen and an agreement with the Company. Morgan re-
fused to negotiate, claiming that the contract of June 8 with the
United applied to all employees of the Company and that, until the
'expiration of the contract, the Company could not legally bargain with
any other union. McHugh, at the conference of July 20, asked if
the Company would consent to a Board election to determine the
DECISIONS AND ORDERS 1143
Pressmen's right to represent the employees of the Company in the
printing department. Morgan replied, "Not unless I am forced to. I
have a contract. They can't do that."
A committee of the Teamsters, seeking to bargain with the Com-
pany on June 12 and June 18, were met with a similar insistence from
Morgan that the contract with the United was applicable to the truck-
ing department employees and that he would not negotiate with apy
other union. The Teamsters called a strike on July 12. The Press-
men, refusing to go through the picket line, also struck.
At the time they sought to bargain with the Company and at the
hearing, the employees in the printing and trucking departments de-
nied that they were members of the United. Although they admitted
signing applications for membership in the United, they never paid
clues. Merrill Jackson, field representative of the United, testified
that the employees in the trucking and printing departments were
not members of the United, that they were not eligible for membership,
and that he had informed Morgan early in July that the United had
no jurisdiction over these employees. We find that since the em-
ployees in the printing and trucking departments were not members
of the United, they were, therefore, not included in the contract of
June S.
We further find that a question has arisen concerning representa-
tion of the employees in the trucking and printing departments of the
Company.
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 Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The testimony establishes that the Pressmen, the Teamsters, and
the United are in agreement that there should be 3 units in the plant,
composed of the production,-printing, and trucking employees respec-
tively. They would include in the production unit all production
employees, except trucking and printing department employees,
office and clerical workers, superintendents, foremen and other super-
visory officials, laboratory employees, and the sales force. The defi-
nition of "employee" contained in the contract of June 8 is substan-
1144 NATIONAL LABOR RELATIONS BOARD
I Tally the same as- the unions' definition of the production unit, except
that the contract does not exclude printing and trucking department
employees.
Trade unionism had been unable to obtain an established position
in the Austin plant until the strike of May 15, 1937. Thereafter,
the United obtained a majority in the plant and bargaining in behalf
of its members, and each of the craft unions sought to bargain in
behalf, of its respective members. The crafts are sharply distinguish-
able from each other and from the production unit by reason of the
types of work their members perform, the degree of skill required,
the hours of work and working conditions, the difference in wage
scales and rates, and the fact that their members are not inter-
changeable. The units requested by the Pressmen and Teamsters were
not opposed by any bona fide labor organization. In accordance with
our usual practice where no effective claim has been made by a rival
employee association for an appropriate unit on a broader scale, we
conclude that the craft units are appropriate.'
We find that all persons employed by the Company in the printing
department at its Austin plant, excluding supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment.
We find that all truck drivers, truck drivers' helpers, and switch-
ers employed by the Company at its Austin plant, except those
employed in a supervisory capacity, constitute a unit appropriate
for the purposes of collective bargaining with such Company with
respect to rates of pay, wages, hours of employment, and other
conditions of employment.
We find that these units will insure to employees of the Company,
at its Austin plant, 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
At the hearing, the parties each agreed to appoint a representative
to check the pay rolls of the Company and the records of the unions.
According to their reports 11 on the, "nearest pay roll date preceding
July 12, 1937," the total number of employees in the printing depart-
ment was 101, of which 75 were members of the Pressmen, and the
total number of employees in the trucking department ("trucking
department includes drivers, helpers and switchers") was 159, of
5See Matter of Phelps Dodge Corporation United Verde Bench and late) national Asso-
ciation of Machinists, Local No 224, 6 N L R B 624
See Board Exhibit No,,, 10 and 11
DECISIONS AND ORDERS 1145
which 105 were members of the Teamsters. July 12, 1937, is the ap-
propriate date for the determination of representatives. The strike
occurred on that date and strikebreakers were hired. The canning
season began in July and resulted in the employment of a large
number of temporary workers.
We find that the Pressmen and the Teamsters have each been
designated and selected by a majority of the employees of the Com-
pany in the printing and trucking departments, respectively, as their
representative for the purposes of collective bargaining. Each is,
therefore, the exclusive representative of all the employees within
its respective unit for the purposes of collective bargaining, and we
will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board Inakes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Morgan Packing Company at its Austin,
Indiana, plant, within the ineaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. The employees of the Company in the printing department of
its Austin, Indiana, plant, excluding supervisory employees, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. International Printing Pressmen's and Assistants' Union of
North America, Austin Local No. 403, is the exclusive representative
of all the employees in such unit for the purposes of collective bar-
gaining, within the meaning of Section 9 (a) of the National Labor
Relations Act.
4. All persons employed by the Company at its Austin, Indiana,
plant, as truck drivers, truck drivers' helpers, and switchers, except
such as are supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
5. International Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers, Local No. 694, is the exclusive representative of all em-
ployees in such unit for the purposes of collective bargaining, within
the meaning of Section 9 (a) of the National Labor Relations Act.
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 Rela-
1146 NATIONAL LABOR RELATIONS BOARD
tions Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that International Printing Pressmen's and
Assistants' Union of North America, Austin Local No. 403, has been
designated and selected by a majority of the employees of Ivan C.
Morgan, Joseph S. Morgan, Ivan H. Morgan, Marion Morgan Karsell,
and Margaret Morgan Brown, partners, doing business as Morgan
Packing Company, in the printing department at its Austin, Indiana,
plant, excluding supervisory employees, as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, International Printing Pressmen's
and Assistants' Union of North America, Austin Local No. 403, 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; and
IT IS HEREBY CERTIFIED that International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers, Local No. 694, has been desig-
nated and selected by a majority of the employees of Ivan C. Morgan,
Joseph S. Morgan, Ivan H. Morgan, Marion Morgan Karsell, and
Margaret Morgan Brown, partners, doing business as Morgan Pack-
ing Company, employed in the Austin, Indiana, plant, as truck driv-
ers, truck drivers' helpers, and switchers, except such as are super-
visory employees, as their representative for the purposes of collective
bargaining and that, pursuant to the provisions of Section 9 (a) of
the Act, International Brotherhooddof Teamsters, Chauffeurs, Stable-
men and Helpers, Local No. 694, is the exclusive representative of
such employees for the purposes of collective bargaining, with, respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Certification of Representatives.