Sheffield Farms Co., Inc.

National Labor Relations Board - Board DecisionsAug 5, 1942

42 N.L.R.B. 1256 (N.L.R.B. 1942)

In the Matter of SHEFFIELD FARMS COMPANY, INC and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELP- ERS, A F. L., LOCAL 648 Case No R-4037-Decided August 5, 1942, Jurisdiction : evaporated milk manufacturing Industry. Ii esfigation and Certification of Representatives : existence of question. re- fusal to accord petitioner recognition, immediate election dal ected notwith- standing request of Company for deferment because of impending seasonal shut- down, where Company s policy of re-employing at least 50 percent of its former employees placed those it released in the category of employees temporarily laid off and hence eligible to vote, eligibility determined by pay-roll period at peak of employment, election necessary Unit Appropriate for Collective Bargaining : all production,and maintenance employees at the Chateaugay, New York, plant of the Company, excluding supervisors (the superintendent, assistant superintendent, general foreman, and dairy inspector), and clerical and laboratory employees, stipulation as to Mr. Lawrence K. Grean, of New York City, for the Company. Mr J Paul Kennedy, of Plattsburg, N. Y, for the Union. Mr A: Sumner Lawrence, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a second amended petition duly filed by International Brother-' hood of Teamsters, -Chauffeurs, Warehousemen & Helpers, A. F. L, Local 648, herein called the Union, alleging that a question affecting commerce had arisen concerning the' representation of employees of Sheffield Farms Company, Inc., New York City, herein called the Com- pany, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before Sidney Reitman, Trial Examiner. Said hearing was held at Plattsburg, New York, on July 13,1942. The Company and the Union appeared, participated, and weie 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 42 N L R B, No 229 1256 SHEFFIELD FARMS COMPANY, INC . 1257 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I TILE BUSINESS OF THE COMPANY Sheffield Farms Company, Inc, is a New York corporation, having its principal cffice in New York City, and various milk plants in other parts of the United States The only plant here involved is located at Chateaugay, New York, where the Company is engaged in the produc- tion and shipment of evaporated milk During the last 6 months of the current year, the Company purchased for use at its Chateaugay plant, raw materials amounting to approximately $1,390,000 in value, of which approximately 25 percent was purchased outside the State of New York During the same period, the Company sold finished products of approximately $1,900,000 in value, of which approximately 58 percent was shipped from the Company's Chateaugay plant to points outside the State of New York The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers, Local 648, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of'the Company. III THE QUESTION CONCFRNING REPRESENTATION On March 31, 1942, the Union wrote to the Company requesting col- lective bargaining. The Company replied on April 11, 1942, that it would not bargain until the Union was certified by the Board A statement of the Regional Director, introduced in evidence at the hearing, shows that the Union represents a substantial number of employees in the unit hereinafter found appropriate 1 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 1The Regional Director reported that the' Union had submitted 99 application for membership cards, of which 87 were dated in March 1942 , 7 dated April 1942, 4 dated May 1942, and 1 undated The Regional, Director further reported that of the 99 cards submitted , 79 appeared to bear the signatures of persons whose names are on the Com- pany's pay roll of May 23, 1942 There are approximately 85 employees within the stipulated unit M 1258^ DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company at its Chateau- gay, New York, plant, excluding supervisors (the superintendent, assistant superintendent, general foreman and dairy inspector), and clerical and laboratory employees, 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 find that the question concerning representation which has arisen can best be resolved by an election by secret ballot The Company con- tends that the election should be postponed because of an impending seasonal shut-down of the Company's operations at its Cliateaugay plant with a resulting turn-over among its personnel upon the resump- tion of operations, the date of which is uncertain at this time. It ap- pears, howevei, that at least 50 percent of the Company's employees regularly return upon the reopening of the Company's plant and that fi om 60 to 65 percent of the Company's present employees have previ- ously been in its employ at one time or another Under these circum- stances, we find that an election should not be postponed, since it ap- pears that employees who may be laid off because of the contemplated shut-down will probably be reemployed and therefore have an interest in the selection of a bargaining representative They will be eligible to vote in the election under the terms of our usual Direction, as em- ployees temporarily laid off 2 Since the record shows that the Com- pany was at a peak of employment as of July 13, 1942, the date of the hearing, we shall provide that employees of the Company eligible to vote in the election shall be those in the appropriate unit who I were employed during the pay-roll period immediately preceding July 13, 1942,including those who were then or have since been temporarily laid off, as discussed above, subject to the other limitations and addi- tions 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 Relations Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby 2 See Matter of Weyerhaeuser Ttmber Company , Klamath Falls Branch and Sawmill Workers Union, Locals Nos 2820 and 2924, afliltated with the A. F. of L 39 N L R B 48 SHEFFIELD FARMS COMPANY, INC. - . 1259 DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for purposes of collective bargaining with Sheffield Farms Company, Inc, New York City, 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 Second Region, acting in this matter as agent for,the National Labor Relations Board, and sub- ject 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 at the Company's Chateaugay, New York plant, during the pay-roll,period immediately preceding July 13, 1942, including any such employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or who were then or have since been 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 International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers, Local 648, A F L , for th6 purposes of collective bargaining MR GERARD D. REilLY took no part in the consideration of the above Decision and Direction of Election.