Stokely Foods, Inc.

National Labor Relations Board - Board Decisions

Mar 14, 1946

66 N.L.R.B. 749 (N.L.R.B. 1946)

In the Matter of STOKELY FooDS, INC. and FOOD, Tow cc_,.
ACRICI LTURAI. AND ALLIED WORKERS OF AMERICA, C. I. O.
Case No. 11-R-851-Decided March 14, 1946
Mr. William O. Murdock, for the Board.
Messrs. Kurt F. Pantzer and William H. Martindill, and Mrs.
Thelma Blessing, all of Indianapolis, Ind., for the Company.
Messrs. Peter Markunas and Powers Hapgood, both of Indian-
apolis, Ind., for the Union.
Mr. Angelo J. Fiumara, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Food, Tobacco, Agri-
cultural and Allied Workers of America, C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Stokely Foods, Inc.,
Greenwood, Indiana, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Clifford L. Hardy, Trial Examiner. The hearing was held at
Indianapolis, Indiana, on September 27, 1945. The Company and
the Union appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. At the hearing, the Com-
pany moved to dismiss the petition on the ground that the Trial
Examiner improperly denied its application for a subpoena daces
tecum with respect to the production of certain union records. Ruling
on the motion was reserved for the Board. For reasons appearing
hereinafter, the motion is denied. The Trial Examiner'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 :
"66 N. L. R. B., No. 98.
749
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Stokely Foods, Inc., an Indiana corporation, is engaged in the pro-
duction and distribution of processed foods at 57 plants throughout
the United States. We are here concerned solely with its Greenwood,
Indiana , plant, where the Company is principally engaged in the
processing and canning of food products which are seasonal during
the period extending from June to October. During the fiscal year
ending May 31, 1945, the total amount of its net sales at all its plants,
including the Greenwood plant, was in excess of $67,000,000, and the
distribution of its goods was Nation-wide.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Food, Tobacco, Agricultural and Allied Workers of America is a
labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated July 5, 1945, the Union requested recognition from
the Company as the exclusive bargaining representative of certain of
its employees , but the Company did not reply. It was apparent from
the Company's position at the hearing that it would not recognize
the Union unless and until it was certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the
hearing , indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
'The Field Examiner reported that the Union submitted 55 membership application
cards, and that there are approximately 75 employees in the alleged appropriate unit
As noted above, the Company moved to dismiss the petition on the ground that the
Trial Examiner improperly denied its application for a subpoena duce8 tecum requiring
the Union to produce records relating to minutes , dues, financial status, application
cards, and membership cards. We find no merit in the Company 's position . We have
previously held under similar circumstances , as we do now , that such records are Imma-
terial to the question of whether or not to conduct an election . See Matter of Harry
Manaster & Bro , 60 N. L R B. 979, and cases cited therein. Accordingly , the Trial
Examiner 's ruling denying the Company 's application for a subpoena duces tecum is
upheld , and the Company 's motion to dismiss the petition because of the Trial Examiners
ruling Is denied.
STOKELY FOODS, INC.
IV. THE APPROPRIATE UNIT
75 1
The Union seeks a unit composed of all regular or so-called "year
round" employees of the Company, including regular part- time em-
ployees, warehousemen, laborers, mechanics, yardmen, machine oper-
ators, maintenance employees, and the watchman, but excluding
seasonal employees , employees who normally reside on the island of
Jamaica, the truck driver, office and clerical employees, and all super-
visory employees. The Company disagrees with the Union only as
to the seasonal employees, employees who normally reside on the
island of Jamaica, the watchman, and the regular part-time em-
ployees; it desires the inclusion of the seasonal employees and em-
ployees who normally reside on the island of Jamaica, the exclusion
of the watchman, and denies the existence of any classification of
regular part-time employees.
Seasonal employees and employees who normally reside on the
island of Jamaica: The Company operates its plant on approxi-
mately a 10-month basis. It has a regular staff of about 55 employees
who work for the most part in the Company's labeling, canning, and
maintenance departments. From June to October of each year, the
Company expands its operations so that it may process the food
products which are seasonal during that period. At the time of the
hearing, which was conducted during the seasonal period, the Com-
pany's pay roll listed, in addition to the regular employees, 20 em-
ployees who normally reside on the island of Jamaica,2 and about
300 seasonal employees, a substantial number of whom reside in
Greenwood and environs. During the seasonal period, virtually the
entire complement of the Company's employees is engaged in the
handling and processing of food products. Despite similarity of
work during this period, however, it is clear that the Company hires
its seasonal personnel on a temporary basis 3 and distinguishes be-
tween both classes of employees. In that connection it is the Coin-
pany's established policy that seasonal employees are not entitled to
vacations, holiday pay, automatic wage increases, and seniority rights
which are enjoyed only by the regular employees.
The Company contends that, notwithstanding its policy of dif-
ferentiating between seasonal and regular employees, the fact that
other seasonal plants in the vicinity include seasonal employees in
2 The record indicates that these employees , whom the Company has hired through the
war Food Administration, are temporary seasonal employees . The Company concedes
that, in all other respects , their wages and working conditions are similar to the seasonal
employees and apparently would have them treated along with the seasonal employees
in any Board determinations.
$Although some of the seasonal employees may return to work for the Company
season after season, there is no showing as to what percentage of them have done so
in the past.
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining agreements covering their production and main-
tenance employees should be controlling on the unit issue.4 We are
not persuaded, however, that this factor alone justifies departure
from our practice, in circumstances such as those present here, of
segregating seasonal employees from regular employees. Thus, while
it is true that the seasonal employees, during a particular season, have
a substantial employment interest in the Company's plant, they
apparently look elsewhere than to the Company for their livelihood
during the larger part of the year, and they do not share with the
regular employees a common interest in continuous employment. In
addition, the Union does not seek to represent either the seasonal
employees, or the employees who normally reside on the island of
Jamaica; and it has, for that reason, limited its organizational ac-
tivity to the regular and so-called regular part-time employees.
Accordingly, under all the circumstances, we shall exclude from the
unit the seasonal employees and the employees who normally reside
on the island of Jamaica.5
Watchman: The Company employs a watchman whose interests
seemingly are allied with those employees in the unit sought by the
Union. For this reason, and because it appears that the watchman
would otherwise be unrepresented, we shall include him in the unit.
Regular part-time employees: As noted above, the Company dis-
putes the existence of this employee classification and maintains that
all its employees are either regular or seasonal employees. Although
the Union would apply this nomenclature to those employees who
are subject to being called to work when the Company cans dry
products, such as tomato sauce beans, there is no basis in the record
for finding that the Company employs individuals in this group on
a regular part-time basis. Accordingly, we find, in accordance with
the contention of the Company, that the Company does not include
among its personnel any regular part-time employees.
We find that all regular or so-called "year round" employees at
the Company's Greenwood, Indiana, plant, including warehousemen,
laborers, mechanics, yardmen, machine operators, maintenance em-
ployees, and the watchman, but excluding seasonal employees, em-
ployees who normally reside on the island of Jamaica, the truck
driver, office and 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
4 The Company introduced evidence at the hearing indicating that seasonal employees
were included in collective bargaining agreements executed between van Camp 's Inc. and
Local 1473 of Steel Workers Organizing Committee with respect to the plants of that
company in Indiana.
'See Matter of Reid, Murdock & Co., 56 N. L B B. 284; Matter of National Fruit
Product Company, Incorporated, 57 N. L. it. B. 100; Matter of Stokely Foods, Inc.,
58 N L R B 130; and Matter of Libby, McNeal & Libby, 64 N. L. It. B 1329. 1
STOKELY 1,0001M, INC. 753
such action, constitute a unit appropriate for the purposes of collec-
tive 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 Re-
lations 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 Stokely Foods,
Inc., Greenwood, Indiana, an election 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 Eleventh 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 tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those 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 Food, Tobacco, Agricultural and Allied Workers of America,
C. I. 0., for the purposes of collective bargaining.
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