National Produce Co.

National Labor Relations Board - Board Decisions

Dec 21, 1944

59 N.L.R.B. 1187 (N.L.R.B. 1944)

In the Matter of NATIONAL PRODUCE COMPANY and UNITED CANNERY,
AGRICULTURAL, PACKING AND ALLIED WORKERS OF AMERICA, LOCAL
19, C. 1. 0.
Case No. 15-R-1239.-Decided December 21,1944
Mr. James W. Wrape, of Memphis, Tenn., for. the Company.
Mr. Joseph W. Hellinger, of Memphis, Tenn., for the Union.
Mr. Louis Co/cin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Cannery, Agricultural, Pack-
ing and Allied Workers of America, Local 19, C. I. 0., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of National Produce Com-
pany, Memphis, Tennessee, herein called the Company, the' National
Labor Relations Board provided for an appropriate hearing upon
due notice before Laurence H. Whitlow, Trial Examiner. Said
hearing was held at Memphis, Tennessee, on November 17, 1944. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Ex-
aminer'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
I. THE BUSINESS OF THE COMPANY
National Produce Company is a Tennessee corporation operating
a plant at Memphis, Tennessee, where it packs and grades eggs and
•kills, cleans, and packs poultry. The Company purchases products
valued at about $1,900,000 annually, 70 percent of 'which is shipped
59 N. L. R. B., No. 213.
1187
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to it from points outside the State of Tennessee. During the same•
period it sells goods valued at about $2,950,000, 20 percent of which
is shipped to points outside the State of Tennessee.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Cannery, Agricultural, Packing and Allied Workers of
America, Local 19, is a labor organization affiliated with the Congress,
of Industrial Organizations, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
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
The Union urges that all employees of the Memphis plant of the
Company, excluding supervisory and clerical employees, constitute
an appropriate unit. The Company's operations at Memphis are
divided into six departments, and the Company contends that the
employees in each department should constitute separate bargaining
units.
The Company's operations are divided into the refrigerating de-
partment, egg candling department, killing departments, receiving
and feeding department, truck drivers, and engineering department.
Although the head of each department keeps the time records of the
employees in his department, all employees are hourly paid and car-
ried on the same pay roll. Working conditions throughout all de-
partments are comparable and the Union has organized the employees
in each department. The record further discloses that the Company's
Memphis plant operates as a single integrated enterprise. Under
these circumstances, we find that a single unit is appropriate.
I The Field Examiner reported that the Union submitted 49 authorization cards. There
are approximately 85 employees in the appropriate unit.
NATIONAL PRODUCE COMPANY 1189,
We find that all employees of the Memphis plant of the Company,
excluding clerical employees and all supervisory employees with au-
thority 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 collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. 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.
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with National Produce
Company, Memphis, Tennessee, 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 Fifteenth Region, acting in this
matter as 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 elec-
tion, to determine whether or not they desire to be represented by
United Cannery, Agricultural, Packing and Allied Workers of Amer-
ica, Local 19, C. I. 0., for the purposes of collective bargaining.