Sunshine Biscuits, Inc.

National Labor Relations Board - Board Decisions

Sep 22, 1954

110 N.L.R.B. 10 (N.L.R.B. 1954)

10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
him unqualified as an election observer .' Accordingly, we agree with
the Regional Director that Diamond Watson was a qualified observer.
In view of the foregoing and for reasons set forth in the Regional
Director 's report, we find that the Employer's objections raise no sub-
stantial or material issues. We, therefore, adopt the Regional Di-
rector's recommendations and overrule the Employer 's objections.
Accordingly , because the tally of ballots shows that the Petitioner
received a majority of the valid votes cast ,' we shall certify the Peti-
tioner as the collective -bargaining representative of the employees in
the appropriate unit.
[The Board certified the Amalgamated Meat Cutters and Butcher
Workmen of North America , Local 528, as the designated collective-
bargaining representative of the employees in the unit hereinabove
found appropriate.]
MEMBER MURDOCK took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
8 Soerens Motor Company, 106 NLRB 1388 ; N. L. R. B. v. Huntsville Mfg Co., 203 F.
2d 430 (C. A 5)
9 The challenged ballot is insufficient to affect the results of the election.
SUNSHINE BISCUITS , INC.' and BAKERY AND CONFECTIONARY WORKERS'
INTERNATIONAL UNION OF AMERICA, AFL , PETITIONER. Case No.
10-RC-2719. September 22,195¢
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before David L. Trezise, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed'
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
A ct.3
I The Employer 's naive appears as amended at the hearing.
2 The hearing officer referred to the Boaid the Employer 's motion to dismiss the petition
on the basis that no evidence was adduced at the hearing to show that the Petitioner and
the Intervenor were in compliance with Section 9 (f), (g), and (h) of the Act. As the
Board has repeatedly held, compliance is a matter for administrative determination and
is not litigable by the parties at the hearing . Moreover, we are administratively advised
that the Petitioner and the Intervenor have fully complied with the filing requirements
of the Act Accordingly, we hereby deny the Employer's motion. See Coca-Cola Bottling
Company of Louisville , Inc, 108 NLRB 490
3 The Employer neither admits nor denies that it is engaged in commerce . The Em-
ployer's Columbus, Georgia, plant , at the time of the hearing , had been in operation for
approximately 4 months and had made direct out-of-State sales of approximately $350,000
in value . We find that the Employer is engaged in commerce within the meaning of the
Act and that it will effectuate the policies of the Act to assert jurisdiction in this case.
110 NLRB No. 2.
SUNSHINE BISCUITS, INC. 11
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.'
4. We find, as generally agreed by the parties, that all the Em-
ployer's production and maintenance employees at its Columbus,
Georgia, plant, including shipping and packing employees, porters,
and cafeteria employees, but excluding office clerical employees, sales-
men, truckdrivers, guards, and supervisors as defined in the Act, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
5. The Employer contends that an immediate election would be
premature upon the grounds that its operations are still expanding
and that it does not presently employ a substantial and representative
,complement of employees.
The Employer commenced production on or about November 28,
1953, with 19 employees. On April 4, 1954, just prior to the date of
the hearing herein, the Employer had 172 employees covering ap-
proximately 47 job classifications in 10 departments. These employees
were producing 6 of the planned 43 varieties of products and were
operating 1 oven on an 8-hour per day basis and a second oven on a
part-time basis. Approximately 62 of these employees were con-
sidered by the Employer as qualified employees on the basis of their
ability to learn their jobs, whereas the remainder were considered as
probationary employees. The record shows, however, that about 80
percent of the newly hired employees prove satisfactory and are re-
tained by the Employer. The Board was administratively advised
that, on July 14, 1954, the employee complement had increased to 254
and the Employer planned to add about 50 more employees to its com-
plement by the middle of September 1954.
The Employer's vice president in charge of manufacturing stated
that it planned to have a third oven installed by November 15, 1954,
and a fourth oven some time in 1955, and would have approximately
450 employees when 3 ovens were operating on a 16-hour per day
basis. He did not approximate a date for this latter event. Eventual-
ly the Employer plans to operate on a 6-oven basis, with approxi-
mately 700 employees covering in excess of 69 job classifications in
19 departments, and it expects to manufacture 43 varieties of products.
4 The Congress of Industrial Organizations was permitted to intervene at the hearing
on the basis of a sufficient showing of interest.
5 The Employer contends that no question concerning representation exists, essentially
because of the expanding nature of its operations and moves to dismiss the petition on
that ground . For reasons stated in paragraph numbered 5, infra, we find the contention
without merit , and the Employer 's motion, which was referred to the Board , is denied.
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
No target date has been set for the installation of the fifth and sixth
ovens.
Upon the entire record in the case, we believe that the Employer's
present employees constitute a substantial and representative segment
of those to be employed for a reasonable time in the future. We,.
therefore, find no compelling reason to delay the granting to the
employees of an opportunity to choose a bargaining representative..
Accordingly, we shall direct an immediate election.6
[Text of Direction of Election omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Direction of Election.
6 See Independent Lock Company of Alabama , 106 NLRB 1136 , and cases cited therein;.
General Electric Company, 106 NLRB 364.
GEN PRO, INC. and STOVE MOUNTERS ' INTERNATIONAL UNION OF NORTH
AMERICA, AFL, PETITIONER . Case No . 35-RC-103. September-
22,1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National La-
bor Relations Act, a hearing was held before John Hendrickson, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. .
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of-
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9-
(c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree that a production and maintenance unit is
appropriate. However, the parties could not agree as to whether cer-
tain categories of employees should be included in such a unit.
a. The shipping cleric
The Employer contends that the shipping clerk is an office clerical'.
employee and should, therefore, be excluded from the unit. This em-
ployee spends about 60 percent of his time checking on whether the
proper materials are taken from storage and loaded on trucks for
shipment. On occasion he actually engages in the manual labor inci-
dent to such work. He has a desk in the plant storage area where he
110 NLRB No. 7.