Puritan Mills

National Labor Relations Board - Board DecisionsFeb 11, 1946

65 N.L.R.B. 962 (N.L.R.B. 1946)

In the Matter of PURITAN MILLS and YJ NITED PACKINGHOUSE WORKERS OF AMERICA, CIO Case No. 1,0-R-1685.Decided Febv nary 11, 1946 Mr. I. T. Cohen, of Atlanta, Ga., for the Company. Mr. G. R. Hathaway, of Atlanta, Ga., for the Union. Mr. John, H. Wood, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by the United Packinghouse Workers of America, affiliated with the C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Puritan Mills, Atlanta, Georgia, here- in called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Albert D. Maynard, Trial Examiner. The hearing was held at Atlanta, Georgia, on Jan- uary 3, 1946. The Company and the Union appeared and partici- pated.' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiners 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 1. THE BUSINESS OF THE COMPANY Puritan Mills is a corporation organized and doing business under the laws of the State of Georgia with its principal office and place of I Representatives of Bakery & Confectionery Workers International Union of America, A. F. L, Local No. 42 , appeared at the hearing but did not file a motion to intervene. Shortly after the hearing opened, they stated that Bakery & Confectionery Workers Inter- national Union of America , Local No. 42, did not desire to participate in the hearing, that it did not wish to appear as an intervenor , and that it claimed no interest as the collective bargaining agency of the Company 's employees, and did not- desire to participate in any election at the present time 65 N. L. R. B., No. 169. 962 PURITAN MILLS 963 business at Atlanta, Georgia, n-here it is engaged in the manufacture, sale, and distribution of mixed feeds, and in the blending, sale, and distribution of flour- During the year 1945 the Company purchased raw materials valued at more than $1,000,000, of which approximately 90 percent was shipped to the Company from points outside the State of Georgia. During the same period, the sales of the finished products of the Company were in excess of $1,000,000, of which approximately 25 percent was shipped to points outside the State of Georgia. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. TI. THE ORG 1N1ZATION I X\ OLVED United Packinghouse Workers of America is a labor organization affiliated with the Congress of Industrial Organizations , admitting to membership employees of the Company. III. THE QUESTION CONCERNING 1II PRESENTATION The Company has refused to grant recognition to the Union as the exclusive representative of certain of its employees at its Atlanta plant until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees 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 Act. IV. THE API'ROI'RlATE UNIT The -Union contends that all production and maintenance employees, including truck drivers stationed in Atlanta, Georgia, but excluding all clerical employees 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, con- stitute an appropriate unit. The Company seeks to exclude the truck drivers from the unit, but otherwise agrees with the Union's contention. The record indicates that seven truck drivers are employed to deliver the finished products of the Company to points in the Atlanta area, throughout the State of Georgia, and, in the absence of Defense Trans- portation regulations, to neighboring States. They also deliver roof- 2 The Field Examiner reported that the Union submitted 45 authorization cards. There are 52 employees in the alleged appropriate unit. Nine cards were dated October 1945 20 cards were dated November 1945, and 16 cards were undated. 964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing and other building materials for two other companies which pay Puritan Mills for the service. Because their duties and interests differ substantially from those of employees directly engaged in pro- duction and maintenance work, we shall exclude truck drivers from the bargaining unit.3 In accordance with agreement of the parties and our foregoing, determination, we find that all production and maintenance employees at the Company's Atlanta, Georgia, plant but excluding all clerical employees, truck drivers, 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, con- stitute 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 an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Puritan Mills, Atlanta, Georgia, 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 Tenth 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 those 8 See New Jersey Worsted Mills and Gera Mills, 63 N. L. R. B. 455; Matter of Ksngan & Co., Incorporated , 61 N. L. R. B. 1222. PURITAN MILLS 965 employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Packinghouse Workers of America, affiliated with the C. T. 0., for the purposes of collective bargaining.