Republic Food Products Co.

In the Matter of REPUBLIC FOOD PRODUCTS Co. avd PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O. k Case No. R-5020.-Decided April 7,1943 Jurisdiction : food canning industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition ; company's objection to the nature and method of proof of union's claim to representation , overruled ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding executives , foremen and supervisory employees , clerical em- ployees and watchmen who have taken a military oath. Mr. Richard A. Munnecke, of Chicago, Ill., for the Company. Mr. Ralph,L. Helstein, of Chicago, Ill., for the Union. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Republic Food Products Co., Chicago, Illinois, herein, called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William W. Ward, Jr., Trial Examiner. Said hearing was held at Chicago, Illinois, on March 17, 1943. The Com- pany 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 Company moved to dismiss the petition on the ground that the Union has not shown that it has a substantial representation among the employees, and made an offer of proof in support of the motion. The Trial Examiner rejected the offer of proof. This ruling, which we discuss below, and his other rulings,are free from prejudicial error and are hereby affirmed. The Trial Examiner reserved ruling on the motion to dismiss for the Board. For the reasons appearing below, it is hereby denied. 48 N. L. R. B., No. 115. 984 1 REPUBLIC FOOD PRODUCTS CO. 985 Upon the\entire record in the'case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Republic Food Products Co., an Illinois corporation, has its main 'office and only plant in Chicago, Illinois, where it is engaged in the processing and canning of meat and meat products. At present almost '100 percent of its finished products are destined for the armed forces. During 1942 the Company purchased raw materials consisting of meat and packing materials valued in excess of $500,000, approximately 10 percent of which was received from points outside the State of Illinois. During the same year sales of finished products exceeded $500,000, approximately 75 percent of which was shipped to points outside of the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is a labor organization admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 13,1943, the Union informed the Company that it rep- resented a majority of the Company's employees and requested a con- ference for the purpose of negotiating a bargaining contract. The Company subsequently refused the request and has continued to deny that the Union has a substantial representation sufficient to warrant directing an election 1, The Regional Director's statement, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the alleged appropriate unit.2 i The Company attacked the Regional Director's statement for not showing that signa- tures appearing on the Union 's application cards had been checked against the signatures appearing on the CompanS s employment cards , and in its offer of proof contended that such a check would reveal that all the signatures are-not genuine , and further contended that the Union represents only 10 to 15 percent of the employees , that only a few of the employees attended union meetings , and that none were required to pay initiation fees or membership dues. We have repeatedly held that a signature check is not necessary in order to direct an election Likewise we have rejected evidence introduced for the pur. pose of contradicting the Regional Director 's statement. See Martin Food Products, Inc. and Warehouse and Distribution Workers Union Local 208 I . L. W. U. (C. I. 0.), 48 N. L. R B , No 5, and cases cited therein. 2 The Regional Director reported that the Union submitted 165 membership cards, 164 of which bore apparently genuine original signatures ; 108 of the cards, all dated in Febru- ary 1943, bore the names of persons on the Company s pay roll of February 25, 1943, which lists 248 persons in the alleged appropriate unit. As this report indicates an apparent membership showing of approximately 43% per- cent, we find no merit in the Company 's motion to dismiss. 986 DECISIONS,,OF 'NATIONAL ,LABOR.'RELATION'S BOARD :;., 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)• find (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree that all production-and maintenance employees, excluding executives, foremen and supervisory employees,3 constitute an appropriate unit. Clerical employees and watchmen are in dispute. There are approximately eight clerical employees, whom the Union would exclude and the Company would include. They are located in the general offices of the Company and only go into the plant for the purpose of getting time cards and production records. They are paid on a weekly basis, in contrast to the production and maintenance employees who are paid on an hourly basis. As they perform the customary duties of clerks and stenographers, whom we usually ex- clude from a production unit, we shall exclude the clerical employees herein. _ The Company employs three watchmen and would include them in the unit. One of the watchmen is uniformed and spends all of his time guarding the Company's plant. The other two watchmen spend a considerable portion of their time performing various janitor serv- ices. The Union would exclude the uniformed watchman and in- clude the other two. However, at least two of the three watchmen have taken an oath prescribed by the military forces, and we shall exclude these two. We. find that all production and maintenance employees of the Company, excluding executives, foremen and supervisory employees, clerical employees, and watchmen who have taken a .military oath, 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 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 8 The parties agreed to exclude the following foremen and supervisory employees : Wil- liam Long, Sr., sausage department foreman, Albina Antosiah , sliced beef forelady ; Raymond Klllham, labeling foreman ; Rose Manella, labeling forelady ; George Ramsden, shipping foreman ; Stanley Rusiecki , maintenance superintendent ; Edward Gallagher, gen- eral superintendent , George Koch, assistant superintendent ; Ed Bizub, canning foreman, Bridget Kokoszka , canning forelady ; Jean Danek, night canning forelady ; and Richard McVady, night canning foreman. REPUBLIC( FOOD PRODUCTS CO. 987 Election herein, subject to the limitations and additions set forth in the Direction 4 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 pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the- purposes of collective bargaining with Republic Food Products CO., Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National -Labor Relations Board, and subject to Article III, Section 10, of said Rules and Reulatiois, 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 tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Packinghouse Workers Organizing Committee, C. I. 0., on behalf of United Packinghouse Workers of ,America, for the purposes of collec- tive bargaining. , 4 The Union made a request, which we hereby grant , that it be designated on the ballot as "Packinghouse Workers Organizing Committee , C. I. 0., on behalf of United Packing- house Workers of America." 1