Campbell Soup Co.

In-the Matter of CAMPBELL SOUP COMPANY ( CAMDEN , NEW JERSEY, PLANT.) and UNITED CANNERY , AGRICULTURAL, PACKING & ALLIED WORKERS, LOCAL 80, C. I. O. - Case No: R-41106.-Decided October 22,1942 Jurisdiction : soup canning industry. - Investigation and Certification of Representatives : existence of question: re- fusal to'accord petitioner recognition ; election necessary. Unit Appropriate , for Collective Bargaining :, watchmen at one of Company's plants, excluding captain guards and substitute captain guards. Definitions : plant-protection employees made civilian auxiliaries of military police by virtue of directive order of War Department, held not deprived of collective bargaining rights under the Act. Mr. Charles A. Wolfe, of Philadelphia, Pa., for the Company. Mr. Abraham Greenberg, of Camden, N. J., for the Union. Mr. Seymour J. Spelmnan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Cannery, Agricultural, Packing & Allied Workers, Local 80, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Campbell Soup Company (Camden, New Jersey, plant), Camden, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert H. Kleeb, Trial Examiner. Said hear- ing was held at Philadelphia, Pennsylvania, on August 4, 1942. - The Company and the Union 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. 45 N. L. R. B., No. 2. 6 CAMPBELL SOUP C'OMPANY' (CAMDEN, NEW JERSEY, PLANT) 7 Upon the entire record in the case, The Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Campbell Soup Company, a New Jersey corporation, having' its principal office and place of business in Camden, New Jersey, is en- gaged in preparing, canning, packing, and distributing soups and other food products. - Approximately 90 percent of the materials used by the Company in its Camden plant, originates outside the State of New Jersey, and approximately 90 percent of the finished product of the Company's Camden plant is distributed to States other than New Jersey. The annual value of such materials and finished product is, respectively; in excess of a million dollars. IT. THE ORGANIZATION INVOLVED United Cannery, Agricultural, Packing & Allied Workers, Local 80, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In March 1942, the Union, through its local president,. requested the Company to-negotiate with it as the exclusive bargaining agent for the Company's watchmen. In April 1942, the Union wrote' to the Company again requesting recognition. Both requests were re- fused by the Company. A-statement of the Trial Examiner, made at the hearing, shows 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 meaning of -Section 9. (c) and Section.2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union contends that all watchmen, at, the Company's plant at Camden, New Jersey, excluding those watchmen who perform super- visory duties, should be included in the appropriate unit. The Com- pany maintains such a unit would be inappropriate. I The TLial Examiner stated that the petitioner submitted to him 34 signed applications- for membership , 1 bearing a date in May 1941 and the remainder bearing dates between March and July 1942. All-signatures appear to be genuine and original Thirty of these names are those of watchmen on the Company's pay roll of August 3, 1942. The alleged appropriate unit contains approximately 61 employees as of that pay-roll date. S DECISIONS OF NATIO'N'AL LABOR RELATIONS BOARD The Company employs 61 watchmen (or guards). Of these, 3 are captain guards and 2 are substitute captain guards. The guards work in 3 shifts with 1 captain assigned to each shift. Guards without rank and substitute captain guards are ordinarily assigned to specific posts, while the captain on duty travels from post to post, checking and re- lieving. The guards are paid on an hourly basis and are charged with the duties of enforcing company rules and policing ingress and egress of employees and visitors. Those who guard exits are sworn in as special municipal police officers with powers to arrest. There -is an existing contract between the Company and the Union, in which the unit embraces all production and maintenance employees and expressly excludes watchmen. The Company, while admitting that watchmen might constitute an appropriate unit for the purposes of collective bargaining, opposes the representation of such a unit by the petitioning union which is also the bargaining agent for the produc- tion and maintenance employees. The Company maintains that to per- 'mit a unit of watchmen to be represented by the petitioner would, in effect; expand the present unit of production and maintenance employ- ees to include a group which had beer expressly excluded in the existing contract. 'We do not agree. Although watchmen are excluded from the unit in the existing contract, such exclusion cannot be construed to bar these employees from the right to bargain in an appropriate unit through any agent whom they niay select to represent them, including the Union .2: The Company further contends that to permit a unit of, watchmen to be represented by the Union which already is the bargaining agent for the production and maintenance employees would impair dis- cipline in the plant, because watchmen would then be placed in a position of conflicting loyalties. We reject this contention for the reasons stated in the recent Chrysler case,4 wherein we said : We perceive no necessary conflict between self-organization and collective bargaining and the faithful performance of duty. Freedom to choose a bargaining agent includes the right to select a representative which has been chosen to represent other em- ployees of the employer in a different bargaining unit. The Company asserts that in the near future the United States Army will require the Company's watchmen t6 enter into an agree- ment'with the Army under. the terms of which they will be consti- tuted a civilian auxiliary to the military police, charged with the duty of protecting war materials and premises and empowered to ' Cf Matter of Chrysler Corporation (Marysville Plant) and International Union, United Automobile Workers of'Amer`rca, affiliated frith the C. 1. C, 36 N. L R B 157 Chrysler Corporation, Highln:nd Park Plant and Local 114, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the C 1 0 , 44 N L. R B 881. CAMPBELL SOUP COMPANY ( CAMDEN, NEW JERSEY, PI:ANT) 9 make arrests as, Federal peace officers . By this agreement , the watch- men swear allegiance to the United States and subject themselves to military law. The Company argues that as Federal peace officers and civilian auxiliaries to the military police, the watchmen should not be entitled to collective bargaining rights under the Act; or it they are deemed to be so entitled, they should not be represented by the same union that bargains for the other employees. The latter contention we have dealt with above. We find the former also to be without merit. The War Department's directive order making plant protection employees at plants producing war materials civilian auxiliaries of the military police, specifically preserves the essential employment relationship . The employer retains the right to dis- charge for cause, and matters such as hiring, compensation, and general working conditions will continue to be adjusted between the employer and his employees. The parties are in disagreement with respect to the three captain guards and the two substitute captain guards, the Union desiring their exclusion. Each captain is assigned to a shift where he travels from post to post, checking upon and occasionally relieving the guards without rank. A substitute captain, although ordinarily per- forming the same duties as a guard without rani{, assumes the position of a captain guard in the latter's absence. Both captains and substitute captains are paid at a higher rate than ordinary guards and are the immediate superiors of the guards tivithout rank. Upon the basis of the above facts , we shall exclude them from the unit. We find that all watchmen at the Company's plant at Camden, New Jersey, excluding the captain guards and the substitute cap- tain guards , constitute a unit appropriate for the purposes of col- lective 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 employees 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. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor 10 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD - Relations Board.Rules and Regulations-Series 2, as amended,-it is hereby _ _ DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Campbell Soup Company: (Camden, New Jersey, plant) Camden, New Jersey, an election by secret ballot. shall be conducted 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 Fourth Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the unit found to be appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Cannery, Agricultural, Packing & Allied Workers, Local 80, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.