H. J. Heinz Co.

In the Matter of H. J. HEINZ COMPANY and DISTRICT UNION No. 431, AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L. -- Case No. R-5097.-Decided May 7,19443 Mr. Donald N. Ebbert, of Pittsburgh, Pa., and Mr. E. Raymond Tipton, of Muscatine, Iowa, for the Company. Mr. Jasper Rose and Mr. John Schreier, of Davenport , Iowa, for the Union. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition filed by District Union No. 431, Amalga- mated Meat Cutters & Butcher Workmen of North America, affiliated with the American Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of H. J. Heinz Company, Muscatine, Iowa, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. Said hearing was held at Muscatine, Iowa, on April 1, 1943. The Company and the Union appeared, par- ticipated, 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. The Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : 0 FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY H. J. Heinz Company is a Pennsylvania corporation engaged in the production and sale of food products at various of its plants; including 49 N. L. R. B.. No. 81 573 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD i plant at Muscatine , Iowa, which is the plant here involved. In the Muscatine plant, the Company uses raw materials consisting of to- matoes, honey, bottles, - seasonings , and other products of an annual value exceeding $50,000, of which over 20 percent represents purchases shipped to the plant from points outside the State of Iowa. During 1942, sales of finished products processed at the Muscatine plant, con- sisting of tomato catsup , chili sauce , tomato juice, tomato ,pulp, vine- gar, pickles , and bottled honey, exceeded $200,000, of which over 50 percent was sold and shipped to points outside the State of Iowa. The Company admits that it is engaged in commerce within the mean' ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED District Union No. 431, Amalgamated Meat Cutters & Butcher Workmen of North America , affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 20, 1943, the Union requested recognition as the ex- clusive bargaining agent for the Company 's employees at the Musca- tine plant., The Company has refused and still refuses to recognize the Union on the ground that the unit sought by the Union is inapt propriate. The Regional Director's statement, introduced into evidence at the `hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be 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 nct. IV. THE APPROPRIATE UNIT' The Union and the. Company substantially agree that the regular employees of the Muscatine plant, , excluding 'office and clerical em- ployees and seasonal employees; constitute an appropriate unit., fIn addition to the regular employees; numbering less than 200, the Com- pany employs from 800 to 1,400 persons each year for a 2-month "tomato pack" season, the season being froth the first of August to the first of October. The record reveals that few of these employees return for work from one year to the next. We find, in agreement 0 The Regional Director reported that the Union submitted 107 authorization cards, all dated between February 1 and March '5,1043, and all bearing 'apparently genuine 'original signatures ; 106 of the signatures are the names of persons on the Company 's payroll of March 12, 1943, which contains the names of,162 persons. H. J. HEINZ , ,C'OMP.ANY 575 with the parties, that these seasonal employees should be excluded from the unit.2 We shall also exclude the office and clerical employees. The "parties disagree as to the inclusion or exclusion, of othercate- ,gories of employees. Employees connected with the farm operations: The Company owns- and operates a farm about 11/2 miles from the plant and, employs thereon approximately 15 year-round employees. There-is-no dispute, and we find, that these employees are engaged in agricultural labor and hence are not involved in this proceeding. As a part of the farm operations, however, is the process of growing tomato-plants, and for this purpose the Company each year, beginning.about April 15, adds to its farm pay roll approximately 100 employees, about 60 of whom are transferred from their regular duties at the plant. Of these 60, approximately 35 are women who are employed in the service building where they transplant the seedlings into trays,; the remainder are men who set the plants out in "cold frames," from where the plants are later sold to farmers in the community who have contracted to sell the tomatoes produced therefrom to. the Company for use in its proc- essing plant. As soon as the plants are sold, these 60 employees are transferred back to the plant. During the period that these employees are engaged in factory opera- tions, it is clear that they are not agricultural employees and are there- fore entitled to the benefit of the Act., However, we find, in accordance with the Company's contention, that during the time these employees are on the farm they are agricultural employees and are hence ipso facto excluded from the appropriate bargaining unit. We shall therefore include these, 60 employees within the unit during such times as they are engaged in factory operation S.3 Foremen: The parties agree, and We find, that approximately 5 fore- men and 1 forelady who are Wholly engaged in supervisory duties dur- ing the year-round operations should be, excluded from the unit.4 They agreed to include 1 assistant foreman and 2 assistant foreladies who have supervisory duties only during. the tomato season and who are regular employees the remainder of the year.' We find that they should be included in the unit with the production and maintenance employees. There; are approximately 12 assistant foremen and fore- ladies who spend approximately 50 percent of their time performing -manual duties; the Union would include and the Company would 2 See Matter of Caltifomnia Packing Corporation and United Cannery, Agrscultural Pack- inq ( Allied Workers of A,neiica C 1 0 , 48 N L R B , 693. e ,nice these employees are only temporarily assigned to the farm for a period of from 2 to 4 iNeeks each year , and since they are within the bargaining unit during the remainder of the \ear, we find that they are eligible to vote in the election. . These were identified as J. D. McKinney , Pratt, Parrott , Funk, Walker, and Higgerson These aie Rankin, Barney, and Tioxell. 576 - DECISIONS OF NATIONAL LABOR RIDLATIONS. B^OAiRD exclude all of these "working" foremen and foreladies s As they have the power to recommend hiring and. discharging, we -find that the working foremen and foreladies should be excluded from the unit. Watchmen and guards: The Union, would include the watchmen and exclude the guards. The Company would exclude both groups. The watchmen perform the customary duties of watchmen, are not uni- formed, and do not carry arms. We find that the watchmen should be included in the unit. Apparently guards, carrying arms, are em- ployed only during the tomato season. As we have excluded seasonal workers, we shall exclude armed guards who are employed during the same "seasonal period. We find that all regular production and maintenance employees of the Company atits Muscatine plant, including regular employees who are classified as working foremen only during the tomato season, and watchmen, but excluding all ` farm employees, seasonal employees, armed guards; all regular foremen, foreladies, assistant foremen, and assistant foreladies, and office and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES Since February 1, 1943, the Company has gradually hired from 35 to 45 "temporary" employees to assist in preparing the plant for the coming season . These employees will remain on the pay roll until the end of the season which will be about October 1. It is not clear whether the parties intended that these, employees should be eligible to vote, but it is apparent that, if the agreed pay-roll period of March 27, 1943, is selected •as the eligibility date, some of these em- ployees will be ineligible., As they are hired for the major portion of the year, we find that the temporary employees should be given an opportunity to vote. For this reason, and since the Company does not contemplate any great increase in its pay roll until the seasonal workers, whom we have excluded from the unit, are employed, we shall adhere to our customary practice of adopting a current pay roll. Accordingly, we shall direct that the question concerning repre- sentation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed dur- ing the pay-roll period immediately preceding the date of the Direction of Election, subject to the limitations and additions set forth therein. They are identified as Hinkley , Messinger , Nephew, Welk, Fisher, Howe, Campbell, Crider, McIntyre, Wilson, Meyers and Emil Gravert. H. J. HEINZ COMPANY DIRECTION OF ELECTION 577 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 Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that,-as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with H. J. Heinz Com- pany, Muscatine, Iowa, 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 Eighteenth Region, acting in this matter as,agent for the National Labor Relations Board, and subject to Article III, Section 10, of said rules and Regulations, 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 temporarily 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 District Union No..431, Amal- gamated Meat Cutters & Butcher Workmen of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining.