The J. M. Smucker Co.

National Labor Relations Board - Board Decisions

Nov 7, 1947

75 N.L.R.B. 202 (N.L.R.B. 1947)

In the Matter of THE J. M. SMUCKER COMPANY, EMPLOYER and CAN-
NERY WAREHOUSEMEN, FOOD PROCESSORS, DRIVERS Sc HELPERS, LOCAL
UNION No. 318, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. L.,
PETITIONER
Case No. 19-R-2146.-Decided November 7, 1917
Crullard & O'Connor, by "dlr. A. J. O'Connor, of Wenatchee, Wash.,,
for the Employer.
Mr. Charles C. Hughes, of Wenatchee, Wash., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at
Wenatchee, Washington, on August 4, 1947, before Daniel R. Dimick,_
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 the case, the National Labor Relations.
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The J. M. Smucker Company is a corporation having its principal
office in Orville, Ohio, and maintaining an office and processing plant
in Wenatchee, Washington, the only operation involved in this pro-
ceeding, where the Employer is engaged in the dehydrating and proc-
essing of fruit. During the year 1946, the Employer purchased raw
materials for use at its Wenatchee plant in an amount exceeding
$500,000 of which approximately 5 percent originated outside of the
State of Washington. During the same period, the Employer shipped
from its Wenatchee plant to its home plant in Ohio products in an
amount exceeding $600,000 in value, which represents 100 percent of
the output of the Wenatchee plant.
75 N. L. R. B., No. 26.
202
THE J. M. SMIICKER COMPANY 209
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, which in turn is affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer, until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit composed of all the employees of the
Employer at its Wenatchee, Washington, plant or in sheds or lots
connected therewith or adjacent thereto where commodities or mate-
rials are processed or stored, excluding office and clerical employees,
laboratory employees, field men, watchmen, fruit inspectors, and all
supervisors.
The Employer contends that the claimed unit is inappropriate in_
that the seasonable employees should not be included with the perma-
nent employees. In cases where no union has sought to represent the
seasonal employees, they have been excluded from units of permanent
employees; 1 in the present case the inclusion of the seasonal workers is-
requested by the Petitioner. Moreover, the employees as one group
have a community of interests sufficient to warrant the finding that
they constitute an appropriate unit.2
We find that all employees of the Employer at its Wenatchee, Wash-
ington, plant or in sheds or lots connected therewith or adjacent
thereto where commodities or materials are processed or stored, exclud-
ing office and clerical employees, laboratory employees, field men,
watchmen, fruit inspectors, and all supervisors, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
' See Matter of St . Mary 's Packing Cc , 72 N L. R B 596, and the cases cited therein
z See Matter of California Almond Growers Exchange, 73 N. L. Ti B. 1367; and Matter
of American Agricultural Chemical Co, 73 N. L R B. 105
204 DECISIONS OF NATIONAL LABOR-RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The J. M. Smucker Company,
Wenatchee, Washington, 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 Nineteenth Region, and subject to Sections
203.61 and 203.62 of National Labor Relations Board Rules and Reg-
ulations-Series 5, among the employees in the unit found appropriate
in Section JV, 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, but excluding 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 Cannery Warehouse-
men, Food Processors, Drivers S, Helpers, Local Union No. 318, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, A. F. L., for the purposes of collective bargaining.