Stokely Foods, Inc.

National Labor Relations Board - Board Decisions

Jul 20, 1945

62 N.L.R.B. 1379 (N.L.R.B. 1945)

In the Matter of STOKELY FOODS, INC. and LOCAL No. 609 , AMALGAMATED
MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, (A. F.
OF L.) and LOCAL No. 59 , INTERNATIONAL BROTHERHOOD OF TEAM-
STERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,
A. F. OF L.
Case No. 1-RE-25.----Decided 'July 20, 1945
Ropes, Gray, Best, Coolidge 6, Rugg, by Mr. John M. Mullen, of
Boston, Mass., for the Company.
Mr. Philip J. Guest, of Boston, Mass., and Mr. Herbert A. Lee, of New
Bedford, Mass., for the Amalgamated.
Mr. S. P. Jason, of New Bedford; Mass.; for the Teamsters
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by Stokely Foods, Inc., New Bedford, Massa-
chusetts, herein called the Company, alleging that a question affecting
commerce had arisen concerning the representation of employees of the
Company, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Leo J. Hallorai , Trial Examiner Said
hearing was held at New Bedford, Massachusetts on May 1, 1945. The
Company, Local No. 609, Amalgamated Meat Cutters &, Butcher Work-
men of North America (A F. of L.), herein called the Amalgamated,
and Local No. 59, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen, and Helpers of America, A. F. of L., herein called the
Teamsters, appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
62 N. L. R B., No. 187.
1379
1 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Stokely Foods , Inc., a Delaware corporation , has been in existence since
June 1, 1943 . Prior to said date , Stokely Brothers & Company, the parent
company of Stokely Foods , Inc., was engaged in manufacturing , selling,
and distribution of food products . The parent company is now principally
engaged in the selling and distribution of foods ; and Stokely Foods, Inc.,
is principally engaged in the manufacture , production , preparation, and
packaging of food products . The Company owns and operates plants, inter
alia, in Massachusetts , New Jersey, Delaware, Florida , Wisconsin, Illinois,
California , and Texas . The sole plant involved in the instant proceeding
is located at New Bedford , Massachusetts . Approximately 75 percent of
such raw materials as green produce , condiments , and packaging materials
is shipped to the New Bedford plant from points outside the Common-
wealth of Massachusetts . Approximately 50 percent of the finished prod-
ucts, sold through Stokely Brothers &. Company, Inc ., is shipped to points
outside the Commonwealth of Massachusetts.
The Company admits that its operations affect commerce within the
meaning of the National Labor Relations Act, and we so find.
II. THE ORGANIZATIONS INVOLVED
Local No. 609, Amalgamated Meat Cutters & Butcher Workmen of
North America (A. F. of L.), and Local No. 59, International Brother-
hood of Teamsters , Chauffeurs , Warehousemen and Helpers of America,
A. F. of L., are labor organizations admitting to membership employees
of the Company.
III. TILE QUESTION CONCERNING REPRESENTATION
On September 22, 1943, the Company and the Amalgamated entered into
a union, shop collective bargaining agreement covering the Company's
production workers. Said agreement provided for continuance in. effect
from year to year unless written notice of termination is given by either
party "thirty days prior to (the) termination date." In a letter dated
August 18, 1944, the Teamsters, which has represented the Company's
warehouse workers since 1939, advised the Company that it represented
a majority of the production workers, and requested the Company not to
enter into a collective bargaining agreement with any other union covering
said employees. The Amalgamated contends that its contract with the
Company is a bar to a direction of election at this time. In view of the
Teamsters' timely communication to the Company, we find that the con-
tract of September 22, 1943, cannot operate as a bar to an immediate deter-
mination of representatives!
1 See Matter of Mill B, Inc, 40 N L. R. B. 346.
STOKELY FOODS, 1NC. 1381
A statement of a Board agent and other evidence, introduced at the
hearing, indicates that the Teamsters and the Amalgamated each represents
a substantial number of employees in the unit which it urges as 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 DETERMINATION OF REPRESENTATIVES
The petition of the Company states that the unit alleged to be appropriate
by the competing labor organizations is one consisting of all production
workers, excluding warehousemen, among others.' However, at the hearing
the Company and the Teamsters urged a plant-wide unit of production
workers, including the warehousemen, as the only appropriate unit. The
Amalgamated contends that the unit alleged in the Company's petition,
supra, is the appropriate unit. The Amalgamated has represented such a
unit since 1941 when the Company entered into contractual relations with
it. On the other hand, the Teamsters has represented a unit consisting of
warehouse foremen,' checkers, and platform workers since 1939. when
the Company also entered into contractual relations with it. As pointed out
in Section III, supra, the initial term of the Amalgamated's 1943 contract
ended on September 22, 1944; the Teamsters' current contract, entered
into on August 5, 1944, expired on January 15, 1945.°
There are approximately 50 employees who perform the Company's pro-
duction operations. Their work primarily consists of the placing of various
types of food in cans, the feeding of these cans to the automatic canning
machine, and the labeling and packing of such cans. Other operations such
as the cooking of the food and the slicing of meat are performed by me-
chanical devices, which require little supervision. There are approximately
30 employees, denominated warehousemen, who are primarily concerned
with the performance of the Company's "labor" operations. These employ-
ees move skids, loaded with raw food stuff and packaging materials, -to
2 The Field Examiner reported that the Teamsters submitted 48 application cards , 48 of which
bole apparently genuine original signatures of persons listed on the Company's pay roll of Septem-
ber 24, 1944, which contained the names of 55 employees in the unit composed of production work-
ers, and that all the cards were dated August 1944 The Amalgamated submitted its current contract
as evidence of its representation in the unit of production workers
The Teamsters ' current contract is evidence of its representation in the unit of warehouse workers.
The Congress of Industrial Organizations and the American Federation of Labor were requested
to submit representation evidence, but failed to do so
I In addition to managers , salesmen, office clerks , laboratory employees , and timekeepers , the fol-
lowing five categories are excluded - maintenance men, mechanics , non-working foremen , watchmen,
and boiler engineers All of the above employees have been excluded from the productive workers'
unit represented by the Amalgamated since 1941 . We do hereby reject the contention of the Teamsters
that the five categories last named should now be included
4 The record does not indicate whether or not such eniplo s ces are supervisory within our cus-
tomary definition
At the date of the lhearing , the Company and the Teamsters were engaged in negotiations for the
renewal of said contract.
1 382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
points on the assembly line where such items are needed. After the cans of
processed food have been packed in cases and loaded on the skids, the ware-
housemen move such skids to another section of the plant, where the cases
are either stored or immediately shipped. Both types of employees receive
an hourly wage and may be generally classed as unskilled or semiskilled.
The production and warehouse operations are performed on the ground
floor of the Company's plant which is approximately 350 by 450 feet. There
is no partition to separate the production workers from the warehousemen.
Occasionally production and warehouse employees have been temporarily
interchanged in order to, meet various types of emergencies.' The ease
with which such interchange may be effected has been the proximate cause
for jurisdictional disputes, resulting in slow downs and work stoppages.
The above facts lead to the conclusion that the Company's operations are
highly integrated and interdependent, and that there exists , in fact, a com-
munity of interest between the production and warehouse employees.
Under these circumstances we are of the opinion that either a plant-wide
unit or separate units of production and warehouse employees, respectively.
may be appropriate for the purposes of collective bargaining. The inter-
changeability of the Company's employees and the interdependence of the
Company's operations indicate the feasibility of the single unit; the history
of collective bargaining on the basis of separate units for approximately
4 years indicates the propriety of two units. Under 'these circumstances,
we are of the opinion that our determination of the unit issue with respect
to the employees in question should depend in part on the desires of the
affected employees themselves. We shall therefore conduct separate elec-
tions among the production and warehouse employees, respectively. If the
production workers and the warehousemen select the Teamsters, they will
have thereby indicated their desire to be included in a plant-wide unit
If the production workers select the Amalgamated, they will have thereby
indicated their desire to remain within the historical separate unit. We
shall make no finding with respect to the appropriate unit pending the
outcome of the elections.
As to the composition of the voting groups, we shall exclude from the
production workers' group the clerical, supervisory, and other categories
excluded from the unit covered by the Amalgamated's contracts
The Teamsters' contracts for warehousemen have expressly covered
"warehouse foremen ," and, as noted above, the record is silent with respect
to the supervisory authority, if any, exercised by these employees. We
shall make no specific disposition of this category as such, but shall exclude
0 Only a chemist and several cooks are skilled emplo}ecs
7In some instances the warehousemen have been put to work at the labeling machine to 1eheve a
shortage of labor in that section A company witness testified that production workers have been
pciuvtted to work "in the warehouse" when these was a slack peuod on the production line
STOhELY FOODS, INC. 1383
from the warehouse employees' voting group all employees who are super-
visors within the meaning of our usual definition.
We shall accordingly direct that separate elections be held among the
employees in the separate voting groups described below who were emn-
ployed during the pay-roll period immediately preceding the (late of the
Direction of Elections herein, subject to the limitations and additions set
forth in the Direction :
1. All production workers, excluding warehousemen, managers, sales-
men, office clerks, laboratory employees, timekeepers. maintenance men,
mechanics, watchmen, boiler engineers, non-working foremen and all other
supervisory production employees having the authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, to determine whether they desire to
be represented by the Amalgamated, or the Teamsters, or by neither.
2. All warehouse employees, including checkers, warehouse and platform
workers, excluding all supervisory warehouse employees having the author-
ity to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, to determine
whether or not they desire to be represented by the Teamsters.
DIRECTION OF ELECTIONS
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 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 representatives
for the purposes of collective bargaining with Stokely Foods, Inc., New
Bedford, Massachusetts , separate elections by secret ballot shall be con-
ducted 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 First Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Sections 10 and
11, of said Rules and Regulations, among the employees in each of the
voting groups described below, who were employed during the pay-roll
period immediately preceding the date of this Direction, including employ-
ees who did not work during the said pay-roll period because they were
ill or on vacation or temporaily laid off, and including employees in the
armed forces of the United States who present themselves in person at
the polls, but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the date
of the elections :
1. The production workers, excluding warehousemen, managers, sales-
men, office clerks, laboratory employees, timekeepers, maintenance men,
1384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mechanics , watchmen, boiler engineers , non-working foremen , and all other
supervisory production employees having the authority to hire, promote,
discharge , discipline, or otherwise effect changes in the status of employ-
of effectively recommend such action, to determine whether they
desire to be represented by Local No. 609, Amalgamated Meat Cutters &
Butcher Workmen of North America (A. F. of L.), or by,Local No. 59,
International Brotherhood of Teamsters , Chauffeurs , Warehousemen and
Helpers of America, A. F. of L., for the purposes of collective bargaining,
or by neither; and
2. All warehouse employees, including checkers , warehouse and platform
workers, excluding all supervisory warehouse employees having the author-
ity to hire , promote, discharge , discipline , or otherwise effect changes in the
status of employees , or effectively recommend such action , to determine
whether or not they desire to be represented by Local No. 59, Interna-
tional Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers
of America , A. F. of L., for the purposes of collective bargaining.
CHAIRMAN HFRZOG took no part in the consideration of the above Deci-
sion and Direction of Elections.