Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Jul 21, 1942

42 N.L.R.B. 665 (N.L.R.B. 1942)

In the Matter Of WILSON & CO , INC and PACKINGHOUSE WORKERS
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ORGANIZING COMMITTEE
Case No R-3986-Decided July 21, 1912
Jurisdiction : salad oil and shortening manufacturing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition, c ontiact for union membei s only, held
no bar, international organization acco7 ded place on ballot ww heie it appeared
- that local 'thei eof, involved in' pi oceeding, might be no longer in existence,
election necessary
Unit Appropriate for Collective Bargaining : all hourly-paid and piece-work
production and maintenance employees at one of the Company's plants, ex-
clusive of the manager, superintendent, foremen, office employees, salesmen,
chemists, and full time plant clerk, stipulation as to
Mr Maury Hopkins, of Chicago, Ill, for the Company
Mr G R Hathaway, of Atlanta, Ga, for ,the P.W 0 C.
Mr. Paul Duncan, of Atlanta, Ga , for the Amalgamated
Mr A Sumner Lawrence, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
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Upon an amended petition duly filed by Packinghouse Workers
Organizing Committee, affiliated with the C I 0, herein called the
P W 0 C, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Wilson & Co, Inc, Alton
Park, Chattanooga, Tennessee, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Dan M Byrd, Jr, Trial Examiner Said hear-
ing was held at Chattanooga, Tennessee, on June 24, 1942 The Com-
pany, the P W 0 C, and Amalgamated Meat Cutters & Butcher Work-
men of North America, affiliated with the A F. of L , herein called
Local 323, a labor organization claiming to represent employees di-
rectly affected by the nivestigation, appeared, participated and were
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 135
665
I THE BUSINESS OF TIIE COMPANY
Wilson & Co, Inc, a Delaware corporation, owns and operates a
plant at Chattanooga, Tennessee, the only one involved in this pro-
ceeding, at which plant the Company is engaged in the manufacture
of salad oil and shortening
During the last fiscal year, the Company purchased for use at its
Chattanooga plant raw materials amounting to more than $3,000,000
in value, of which approximately 95 peicent was purchased outside the
State of Tennessee. During the same period, the Company' s annual
sales from its Chattanooga plant amounted to more than $3,000,000, of
which more than 95 percent was sold outside the State of Tennessee.
II THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company
Amalgamated Meat Cutters & Butcher Workmen of North America
is a labor organization, affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On or about April 27, 1942, the P W. O. C requested recognition
fiom the Company but the Company refused to extend recognition
upon the ground that it had a contract with Amalgamated Local 3,23,
covering the employees in question and also upon the ground that the
Company doubted that the P W 0 C represented a majority of its
employees The Company and the Amalgamated contend that the
contract referred to constitutes a bar to these proceedings
The contract between the Company and Local 323 is applicable only
to members of Local 323, and is effective for 1 year from October 31,
1941, and from year to year thereafter subject to termination after
notice thereof 30 days prior to October 31, 1942, of any other anniver-
saiy date Subsequent to the making of this contract, the employees
of the Company, who with employees of Lookout Oil & Refining Com-
pany, had constituted the membership of Local 323, voted unanimously
to dissolve the Local from which the Lookout employees had previously
withdrawn, and to send the charter back to the international offices of
the Amalgamated. The chaiter was thereafter mailed to and received
by the Amalgamated The Company's employees then formed a local
O
bargaining representative, the contract is not a bar to the present
proceeding I
A statement of a Field Examinei, introduced in evidence at the
healing, shows that tlie'P W 0 C repiesents a substantial number
of employees in the unit hereinafter found to be appropriate?
We find that a question affecting commerce has arisen conceining
the repi esentation of employees of the Company within the meaning
of Section 9•(c) and Section 2 (6) and (7) of the National Labor
Relations Act -
IV THE APPROPRIATE UNIT
In accoi dance with a stipulation of the pai ties we find that all hourly
paid and piece-work production and maintenance employees at the
Chattanooga Refinery of the Company, exclusive of the manager,
superintendent, foreman, office employees, salesmen, chemists, and
full-time plant clerk, 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 Since it appears
that Local 323 may no longer be in existence, we shall not place that
organization on the ballot However, we shall accord a place on the
ballot to Amalgamated Meat Cutters and Butcher Workmen of North
America (A F. of L ), the International organization with which
Local 323 was affiliated In accordance with the stipulation of the
parties for use of a current pay roll to determine eligibility to vote and
out usual piactice, we shall dnect that the employees of the Company
eligible to vote in the election shall be those in the appropriate unit
who were employed during the pay-roll period immediately preceding
the date of the Direction of Election herein, subject to the limitations
and additions set forth in the Direction
1Matter of Service Products Co,poration and United Electrical, Radio & Machine Work-
ers of America, Local No 1003 , C I O , 37 N L R B 374, Matter of Acme White Lead &
Color Works and United Construction Workers Organizing Committee , Local Union 20l,
affiliated with the Congress of Industrial Organizations, 29 N L R B 1158
7 The Field Examiner reported that the P W 0 C submitted 71 signed authorization
cards dated between April 1, 1942, and May 10, 1942, and that of the 71 signatures thereon,
70 appeared to be the signatures of persons whose names are on the Company s pay moil of
May 2, 1942, containing approximately 96 employees within the unit hereinafter found to be
appropriate The Field Examiner further reported that Local No 323 had refused to
furnish evidence in support of its claim to repiesent a majority of employees on the
ground that its contract with the` Company was a bar to this proceeding
668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- 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 pui suant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purpose of collective bargaining with
Wilson & Co ,Inc , Chattanooga, Tennessee, an' election bp secret bal-
lot shall be conducted as -early as possible but -not later than thirty
(30) days from the date of this Direction, under the direction and
super-vision of the Regional Diiector for the Tenth 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
wei e employed at the Company's Chattanooga, Tennessee, plant, during
the pay-`rol'l' period immediately preceding the date of this Direction,
including any such employees who did not work during said payroll
period because they were ill or on vacation or in the active military
service or training of the United States,. or,temporarily laid off, but
excluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by Packinghouse
Workers Organizing Committee, affiliated with the C I: 0, or by
Amalgamated Meat Cutters & Butcher Workmen of North America,
affiliated with the A F of L , for the pun poses of collective bargaining,
or by neither