R. J. Peacock Canning Co.

In the Matter of R. J. PEACOCK CANNING COMPANY,? EMPLOYER and. TRUCK DRIVERS, WAREHOUSEMEN & HELPERS LOCAL UNION No. 340, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA, AFL, PETITIONER Case No.1-RC-1165.Decided September 27,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Sam G. Zack, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. All employees employed at the Employer's Portland, Maine, can- ning plant, excluding the plant superintendent, the forelady of the packing room, all office and clerical employees, watchmen, profes- sional employees, guards, and all supervisors.' 1 The Employer contends that four of its foremen , McCullough, Matthews, Johnson, and Farmer, are not supervisors and should be included in the unit . Inasmuch as the record shows that these employees have the authority to hire and discharge other employees work- ing under their supervision , we find no merit in the Employer's contention . We find that the afore -mentioned foremen are supervisors within the meaning of the amended Act and, as such, are excluded from the appropriate unit. 86 N. L. R. B., No. 26. 118 R. J. PEACOCK CANNING COMPANY 119 5. The Employer's business is seasonal in nature. The period of operation depends upon the availability of fish. Generally, this period= extends from about May through November. In accordance with our- usual practice with regard to seasonal industries,2 we shall direct that- an election be conducted as soon as possible on a date during the period of seasonal activity, to be determined by the Regional Director, among the employees in the appropriate unit who are employed during the pay-roll period immediately preceding the date of the issuance of notice of election by the Regional Director. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of the issuance of notice of election by the Regional Director, includ- ing 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, and also excluding employees on strike who are not entitled to reinstate- ment, to determine whether (or not) they desire to be represented, for purposes of collective bargaining, by Truck Drivers, Warehousemen & Helpers Local Union No. 340, International Brotherhood of Team- sters, Chauffeurs, Warehousemen & Helpers of America, AFL. 2 See Matter of Greenwich Oyster Company, 73 N. L. R. B. 1459.