Tennessee Packers, Inc.

In the Matter of TENNESSEE PACKERS, INC., EMPLOYER and AMALGAM- ATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL, LOCAL #405, PETITIONER Case No. 10-RC-701.Decided Novemzber 17, 191.9 DECISION AND ORDER Upon a petition duly filed, a hearing was held before,John C. Carey, Jr., 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 [Chairman Herzog and Members Reynolds, and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer, a Tennessee Corporation, operates a packing plant in Clarksville, Tennessee. During the period from January through July 1949, the Employer purchased livestock and other sup- plies of the approximate value of $3,000,000, of which about $1,800,000 worth was shipped to its Clarksville plant from outside the State. During the same period it sold processed meats and byproducts for the sum of $3,500,000, of • which approximately $26,000 worth was shipped to points outside of State. We find, contrary to the Emplpyer's contention, that it is engaged in commerce within the meaning of the National Labor Relations Act.2 ' The Employer contends that the hearing officer erred ( 1) in receiving in evidence the petition filed herein because it did not give the "number of employees supporting the petition" as required by the Board rules , but merely contained a statement that such number was "over 30%," and (2) in sustaining Petitioner 's objection to its question seeking to find out whether the Petitioner had filed a waiver of its right to file objections in this repre- sentation case based on matters alleged in its pending unfair labor practice charge against the Employer . It contends that proper procedure requires that such waiver , if filed by the Petitioner, should be introduced in evidence . We find no merit in the Employer's con- tentions . Both the Petitioner 's showing of interest and its filing of a waiver of its unfair labor practice charge are matters for the administrative determination of the Board, not subject to litigation at the hearing. Cf. Edgar P. Poise, Inc., 80 NLRB 52 ; King Brooks, Inc., 84 NLRB 652. See also S. Haydn & Sons, Inc., 42 NLRB 852. 87 NLRB No. 16. 90 TENNESSEE PACKERS, INC. 91 2. The Petitioner is a labor organization claiming to represent em- ployees of the Employer. 3. The Petitioner seeks certification for a unit consisting only of the production employees and truck drivers, and would exclude the maintenance employees, among whom are also the refrigerator serv- icemen and clean-up men. The Employer contends that the main- tenance employees should be included. The only reason advanced by the Petitioner for their exclusion was that the maintenance em- ployees properly belong within the jurisdiction of other unions, and will be organized by such unions. These employees enjoy the same benefits and privileges as- the production employees, are also paid on an hourly rate, and are subject to the same working conditions. As the record discloses no sufficient reason for their exclusion, we find, in accordance with our usual practice, that the maintenance employees should be included in the unit.3 We therefore find that the, unit sought by the Petitioner, from which the maintenance employees are excluded, is not an appropriate bar- gaining unit. It appears that the Petitioner has restricted its organi- zational activity to employees within the narrower unit sought in its petition, and has not made an adequate showing of interest among the employees in the broader production and maintenance unit which we have found is appropriate. Therefore we will not direct an elec- tion among the employees in that broader unit, but will dismiss the petition without prejudice.4 ORDER Upon the basis of the foregoing findings, and upon the entire record in this case, the National Labor Relations Board hereby orders that the petition filed herein be, and it hereby is, dismissed without prejudice. 3 McKamie Gas Cleaning Company, 80 NLRB 1447 ; Goodall Company, 80 NLRB 562. See also A. J. Sires Products Corporation, 83 NLRB 99. 4J. TV. Lyons, d/b/a Lyons Auto Supply, 86 NLRB 633. See also Permdnente Metals Corporation, 82 NLRB 692.