Asociacion Cooperativa Lafayette

ASOCIACION COOPERATIVA LAFAYETTE 911 seasonal in nature. There is disagreement among the parties as to the exact date these operations will reach their peak. In accordance with our policy, we shall, therefore, order that the election directed herein be held at or about the peak of the season, on a date to be determined by the Regional Director, among the employees in the appropriate unit, who are employed during the payroll period immediately pre- ceding the date of issuance of notice of election by the Regional Director.4 [Text of Direction of Election omitted from publication in this volume.] 4 See Associated Fish Products Company, 91 NLRB No 164 ASOCIACION COOPERATIVA LAFAYETTE ; CENTRAL JUNCOS ; CENTRAL EUREKA; CENTRAL GUAMANI j CENTRAL EL EJEMPLO; CENTRAL JUANITA and CONFEDERACION GENERAL DE TRABAJADORES DE PUERTO Rico, PETITIONER CENTRAL MERCEDITA, ET AL. and SINDICATO DE TRABAJADORES DE LA INDUSTRIA AZUCARERA DE P. R. (CGT-CIO), PETITIONER PORTO RICAN AMERICAN SUGAR REFINERY, INC., CENTRAL MERCEDITA, INC. and UNION DE TRABAJADORES DE FACTORIA, REFINERIA, Y RAMAS ANEXAS DE LA INDUSTRIA AZUCARERA, LOCAL 303, AFFILIATED TO THE NATIONAL FARM LABOR UNION5 A. F. L., PETITIONER CENTRAL MERCEDITA, INC. and UNION DE TRABAJADORES METALURGICOS DE LA CENTRAL MERCEDITA DE PONCE, PETITIONER. Cases Nos. 04- RC-136, 24-RC-138, 24-RC-139, 24-RC-141, 24-RC-11.2, -4-RC- 1¢3, 24-RC-137, 24-RC-106, and 24-RC-123. May 09, 1951 Decision and Direction of Elections Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before George L. Weasler, hearing officer., The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 'During the course of the hearing , the Petitioner in Case No 24-RC-137, which was seeking a multiemployer unit covering, enter alga, the plants involved in Cases Nos 24-RC-136, 138 , 139, 141 , 142. and 143 , agreed to the principle of individual elections at these six plants , and with the approval of the Regional Director , withdrew its petition in Case No . 24-RC-137. Consent election agreements were thereafter entered into, and notice of hearing was withdrawn, in Cases Nos 24-RC-138, 139, 141, and 142 The Regional Director, on his own motion , also withdrew notice of hearing in Cases Nos. 24-RC-136 and 143 because of his expectation that consent election agreements would be signed in these cases Accordingly, we are here concerned only with Cases Nos. 106 and 123, involving Porto Rican American Sugar Refinery, Inc, and Central Mercedita, Inc. 94 NLRB No. 139. 912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Reynolds]. Upon the entire record in the case, the Board finds : 1. The Employer 2 is engaged in commerce within the meaning of the Act. 2. The labor organizations involved 3 claim to represent certain employees of the Employer. 3. Questions affecting commerce exist concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate units : The A. F. of L. requests a unit of all production and maintenance employees working for the Employer at its refinery and mill in Mercedita, Puerto Rico, including sugar boiler helpers, electrical and machine shop employees, railroad and maintenance-of-ways employees, and plant clericals, but excluding all other clerical and office employees, professional, administrative, and executive employ- ees, guards, watchmen, timekeepers, professional sugar boilers, and supervisors. The 0. 0. I. agrees that such a unit is appropriate. The C. G. T.-C. I. O. contends that there should be separate units at the mill and refinery, and seeks to represent only the employees at the mill. The U. T. Al. requests a unit limited to employees in the Employer's machine shop. The Independent contends that these employees should be included, as they have been in the past, in a unit of all' shop, railroad, and maintenance-of-ways employees. The Employer takes no position with respect to the scope of the unit, but requests that foremen and plant clericals be excluded from any unit or units found appropriate. The Employer is engaged in the manufacture of raw and refined sugar at Mercedita, Puerto Rico. At its mill, sugar cane is ground and processed into raw sugar, which is then converted into white sugar at the refinery. During the crop season, lasting from January through June, the Employer has approximately 300 employees at 2 Porto Rican American Sugar Refinery , Inc , and Central Mercedita , Inc , herein jointly referred to as the Employer, are separate corporations , but are under the same management and control. 3 The Petitioner in Case No. 24-RC-106, Union de Trabajadores de Factoria, Refineria, Y Ramas Anexas de la Industria Azucarera, Local 303 , affiliated to the National Farm Labor Union , A F L, is herein referred to as the A F. of L. ; and the Petitioner in Case No. 24-RC-123, Union de Trabajadores Metalurgicos de la Central Mercedita de Ponce, as the U . T Al The following unions were permitted to intervene • Union Independiente de Trabajadores de Taller , vias y Obras, herein called the Independent ; Sindicato de Trabajadores de la Industria Azucarera de P. R. (CGT-CIO), herein called the C G T.-C I 0 and Organization Ohrera Insular piesidida por Tomas Mendez Mejias, herein called the 0 O. I. ASOCIACION COOPERATIVA LAFAYETTE 913 the mill and 400 at the refinery. In addition, it has approximately 125 employees who work in its electrical and machine shops, on its railroad, and on maintenance-of-ways. The mill and refinery are in separate buildings, located on adjoining tracts of land. They have the same general superintendent, but there is an assistant superintendent in charge of each plant. Although both plants are engaged in the production of sugar, the processes are different, and there is practically no interchange of employees or supervisors. Wages and hours at the refinery are governed by the Fair Labor Standards Act, and at the mill by Decree No. 3 of the Insular Minimum Wage Board. In general, however, the Employer's labor policy is the same at both plants. They have the same personnel director. The shop, railroad, and maintenance-of-ways employees are sep- arately located, have their own supervisor, and do no production work in either plant. Unlike the mill and refinery employees, they work throughout the year. The electrical shop employees do what- ever electrical work is needed; the machine shop employees repair the Employer's machinery; the maintenance-of-ways employees lay and repair tracks; and the railroad employees operate the Employer's locomotives. In 1949, the Board, after consent elections in three units, compris- ing, respectively (1) production and maintenance employees at the mill, (2) production and maintenance employees at the refinery, and (3) shop, railroad, and maintenance-of-ways employees, certified Sindicato de Trabajadores de la Industria Azucarera, C. G. T., Inc. ,4 as the representative of the mill and refinery employees, in separate units, and the Independent as the representative of the shop, rail- road, •and maintenance-of-ways employees. Separate contracts, cov- ering the three units, were thereafter executed. New contracts on the same basis were executed in 1950, all of which expired in December 1950. Upon the above facts, we are of the opinion that, because of the unified nature of the Employer's operations, the physical proximity of its plants, and its common over-all supervision and labor policy, the employees in all three of the above groups have a sufficient community of interest to warrant their inclusion in the same unit.5 In view of our previous certifications and the separate bargaining history of the three groups, however, we believe that they may, 'if they so desire, also con- stitute separate units. Furthermore, although the record is not en- tirely clear as to the classifications of employees in the group which the U. T. M. seeks to sever from the existing unit of shop, railroad, 4 In November 1949 , the C G. T, Inc. , became affiliated with the C. I. 0. 6 Eastern Sugar Associates, 80 NLRB 73. 953841-52-vol. 94-59 1 914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and maintenance-of-ways employees, they appear to be the usual type of machine shop employees. We have previously held that such em- ployees may, if they so desire, constitute a separate unit, notwith- standing a history of bargaining on a broader basis.6 There remains for consideration the question of the inclusion or ex- clusion of the so-called plant clericals and the foremen. Both groups have been excluded Linder previous contracts. The record indicates that the plant clericals-approximately 25 in number-are employees attached to the accounting department who keep records of incoming and outgoing merchandise, handle vouchers and requisition slips, make inventories; and advise the general office when stocks are low. In our opinion, they are office clerical employees rather than plant clericals, as the Board ordinarily uses that term. We shall therefore exclude them from the bargaining units. The foremen-about 25 or 30 in number-direct groups of 5 to 15 employees, showing them how to do the work, watching to see how it is done, and helping when needed. They appear to have authority effec- tively to recommend the hiring and discharge of employees. We find that they are supervisors, within the meaning of the Act, and shall therefore exclude them. We shall, accordingly, direct elections by secret ballot among the employees in the following voting groups : Group 1: All production and maintenance employees at the Em- ployer's refinery at Mercedita, Puerto Rico, including sugar boiler helpers, but excluding electrical and machine shop employees, and railroad and maintenance-of-ways employees, clerical and office em- ployees,7 professional, administrative, and executive employees, guards, watchmen, timekeepers, professional sugar boilers, foremen, aiid all other supervisors as defined in the Act. Group 2: All production and maintenance employees at the Em- ployer's mill at Mercedita, Puerto Rico, including sugar boiler helpers, but excluding electrical and machine shop employees, railroad and maintenance-of-ways employees, clerical and office employees,8 pro- fessional, administrative, and executive employees, guards, watchmen, timekeepers, professional sugar boilers, foremen, and all other super- visors as defined in the Act. Group 3: All electrical shop employees and railroad and mainte- nance-of-ways employees at the Employer's mill at Mercedita, Puerto Rico, excluding clerical and office employees,9 professional, adminis- trative, and executive employees, guards, watchmen, timekeepers, foremen, and all other supervisors as defined in the Act. 6 Kimberly-Clai k Corporation, 91 NLRB No. 133. 7 Including the so-called plant clericals. 8 Including the so-called plant clericals 9 Including the so-called plant clericals. i BROOKS-NOBLE AUTO PARTS & MACHINE CO., INC. 915 Group 4: All machine shop employees at the Employer's mill at Mercedita, Puerto Rico, excluding clerical and office employees,'0 pro- fessional, administrative, and executive employees, guards, watchmen, timekeepers, foremen, and all other supervisors as defined in the Act. We shall, however, make no final unit determinations at this time, but shall first ascertain the desires of the employees as expressed in the elections. 5. Determination of representatives : At the hearing, the parties agreed that any election or elections in this case should be conducted during the months of April, May, or Jape 1951, at a specific time to be designated by the Regional Director for the Twenty-fourth Region. In view of the length of time that has elapsed since the hearing, we shall follow our usual practice and direct that the elections be held as early as possible, but not later than 30 days from the date of our Direction. [Text of Direction of Elections omitted from publication in this, volume.] 10 Including the so-called plant clericals. BROOKS-NOBLE AUTO PARTS & MACHINE CO., INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER . Case No. 15-RC-498. May 29, 1,951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Richard C. Keenan, 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 Houston and Reynolds]. Upon the entire record in this case, the Board finds: 1. The Employer, Brooks-Noble Auto Parts & Machine Co., Inc.,' a Mississippi corporation, is engaged in the wholesale distribution and sale of automotive parts, including the sale of parts, accessories, and rebuilt engines to independent dealers, fleets, and garages. It main- tains stores in Jackson, Canton, Forest, Hattiesburg, and Hazlehurst, all in the State of Mississippi. It also maintains, at the Jackson loca- tion, a machine shop employing 21 employees, and a machine shop at Hattiesburg employing 1 machinist. Only the Jackson machine shop 1 The Employer's name appears as amended at the hearing. 94 NLRB No. 143.