Sheffield Farms Co., Inc.

In the Matter of SHEFFIELD FARMS COMPANY, INC., EMPLOYER and MILK WAGON DRIVERS, LOCAL 607, INTERNATIONAL BROTHERHOOD or TEAMSTERS , AFL, PETITIONER Case No. 2-R-6886.-Decided April 25, 1947 Weil, Gotslial & Manges, by Mr. Robert A below, of New York City, for the Employer. Mr. Samuel J. Cohen, of New York City, for the Petitioner. Mr. Warren H. Leland, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New York City, on December 3, 4, 9,. and 10, 1946, J efore Berthas Diamond, hearing officer.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. At the hearing, the Employer moved that the petition be dismissed. For reasons hereinafter stated, the motion is hereby denied.' Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Sheffield Farms Company, Inc., is a New York corporation with its principal offices and place of business in New York City where it is engaged in the processing and sale of dairy products. We are con- corned, in this proceeding only with the Employer's operations in. the Greater New York area. During the year.ending November M, 1946, : the Employer purchased commodities valued in excess of $1,000,000, approximately 33 percent of which was received from points outside I In its motion to dismiss the Employer asserted , inter alia, that the Petitioner had failed to prove that it represented a substantial number of its clerical employees. How-. ever, the showing of interest is merely an administrative expedient "adopted to enable the Board to determine for itself whether or not further proceedings are warranted Matter of 0 . D. Jennings & Company, 68 N. L. R. B . 516, 518. 73 N. L. R. B., No. 111. 572 SHEFFIELD FARMS COMPANY, INC. 573 the State of New York. During the same period, the Employer sold finished products valued in excess of $1,000,000, approximately 25 percent of which was shipped to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THEORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with American Fed- eration of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING, REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The petitioner seeks, generally, a unit consisting of all the Em- ployer's non-supervisory office and clerical employees in the Greater New York area. This proposed unit embraces the Employer' s execu- tive and branch offices. The Employer contends that the executive office employees should not be included in any bargaining unit because they are exclusively engaged in managerial functions; the Employer also contends that the clerical employees should, in any event, be established in two separate units, one comprising its branch plants, and the other comprising the executive offices.2 The Employer's executive offices and 20 of its branches are located within the Greater New York area. The branches are, scattered throughout the area and the executive offices are located in a 6-story building in midtown New York. The building which houses the executive office is flanked by 2 3-story buildings, containing 1 of the Employer's. branches. Virtually all of the Employer's clerical em- ployees in. the Greater New York area are employed through the personnel department at the executive offices.s• While the clerical tasks in the 'xecutive offices may 'be broader.in.scope, they-are of the same general nature as those performed in branch offices and requiring spbstantially the same skills. , We find, therefore, that .,all of the Employer's office and clerical employees-in' its branches and in its executive offices constitute a homogeneous group and have a substantial 2 The parties agreed to include porters and cafeteria employees in the. unit.: ; 3 The Employer's clerical .employees :at braneho%^eutside theJldetropolltan;-area ordinwily are hired locally. 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD community of interest warranting their-inclusion in a single bargain-, ing unit. At the hearing the parties agreed to exclude certain categories of employees.' They, ,disagreed,, however, respecting, other categories whom i he'Petitioner- would include and the Employer would exclude. A. Executive office, --.Section. salesmen;and_demonstrators:--The Employer` employs 'ap- proximately- seven section salesmen and demonstrators who are also entitled special accounts salesmen. - Three-of these individuals demon- strate the Employer's products by arranging displays in stores and issuing samples to the general public.. The remaining four are as- signed to maintaining and developing sales service and customer rela- tionship with large volume wholesale accounts. In the course of their duties, they check on deficiencies of sales and service by route salesmen or drivers. They report service complaints in writing to the assistant; general wholesale sales manager who, in turn, reviews them with the, branch sales manager covering the territory in which the complaint originated. They also investigate complaints which have been re- ferred by branch office managers to the executive office. Such com- plaints sometimes involve alleged dereliction on the part of route salesmen. The special accounts salesmen in the course of their in- vestigations can effectively recommend the discharge or discipline 'of employees who have been found to have been at fault in dealing with customers. It is apparent that the duties and interests of the section salesmen and demonstrators are substantially different from those of' the other employees involved. Accordingly, we, shall exclude these employees from the unit.' Collector: The collector develops general policy with regard to col= lections in all branches, and he checks on the manner in which such policy is effected. His functions are essentially managerial, dis- tinguishable in character from the duties of. office and clerical em- ployees. Accordingly, we shall exclude the collector from the unit.' Employees in the general ledger unit: There are four employees in. the general ledger unit who handle over-all figures for the. Employer's 4 A Executive offices: Executives, department heads, executive assistants, section super visors and assistants , unit supervisors , engineering department, technical and research department , auditors, part-time employees who work less than 75 percent of the regular work week or month. I B Branches- General managers, home service branch managers , home service assistant, branch managers , wholesale branch managers , wholesale assistant branch managers, office managers , division engineers , plant managers , plant supervisors , assistant plant managers, garage and stable supervisors, assistant garage supervisors, wagon shop supervisors, labora- tory technicians , part-time employees working less'than - 75 percent of the regular work week or month. See Matter of Atlantic Company, 65 N L R. B 1274, 1276. "Matter of The Electric Controller d Manufacturing Company, 69 N. L R. B. 1242. SHEFFIELD FARMS COMPANY, INC. 575; general ledger and profit and loss ledger. They also prepare. a monthly analysis of,all expenses. They have access to data indicating the Em- ployer's financial status and its profit -and loss figures. These em-, ployees do. not assist in, a confidential capacity anyone exercising managerial functions in the field of labor relations. Accordingly, we, shall include these employees in the unit.' Employees ,in the cost section: There are five employees in the cost departnigpt who. compute and have access to figures which disclose -the financial condition of the Employer's branches. However, they do not assist in a confidential capacity anyone exercising managerial func- tions in the field of labor relations. Accordingly, we shall include them in the unit. Confidential clerks: One clerk operates the lithograph machine used to duplicate profit and loss statements, bulletins, and other similar matters; another prepares the stencils for this machine; and a third clerk maintains the central file where the Employer stores its financial and other business records. These are not confidential records respect- ing labor relations. We shall include these employees in the unit. Confidential secretaries : The Employer: has , furnished- job descrip- tions for 54 secretaries whom it claims to be confidential. Analysis of the job descriptions and the evidence as to the persons responsible for formulating, determining, and effectuating labor relations policies discloses that only the following secretaries assist in a confidential capacity persons exercising managerial functions in the field of labor relations : Secretaries to executives,s and departmental heads,° the as- sistant personnel manager, supervisor of confidential personnel records and salary administration, personnel employment manager, supervisor of personnel training, supervisor of personnel group insurance and hospitalization, supervisors of country plant operations, supervisor of milk allocation, assistant chief engineer, supervisors of transportation,, and truck body maintenance, asistant comptroller and office manager, attorney, director of safety, and pay-roll department supervisor. We shall, accordingly, exclude the above-named employees from the unit. Personnel department: There are seven employees in the personnel department of whom two keep records for *age and salary administra- tion of all employees, one maintains the records of the "Suggestions" 7 See Matter of Wagner Electric Company, 67 N. L R B 1104 The executives consist of the president and director : Executive vice president and director,; senior vice president and director; senior vice president, secretary and director four vice presidents `arid directors ; treasurer ; comptroller ; real estate and'insurance man- ager and director ; evaporated milk division sales manager and director ; Technical director and director. The president and director has an assistant secretary who should likewise be excluded These comprise the city production department manager ; chief engineer ; traffic depart- ment manager ; purchasing agent ; home service sales manager ; wholesale sales manager ; personnel manager ; advertising manager , public relations department manager ; and gen- eral credit manager. 739926-47-vol. 73-38 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD system, one has charge of confidential medical statistics , another has charge of group and hospitalization insurance records, and one acts as a receptionist . The foregoing employees analyze and furnish informa- tion in the field of labor relations for the benefit of persons in the per- sonnel department who formulate labor policies . We are of the opin- ion that they are confidential employees and we shall exclude them from the unit. The seventh employee is a graduate nurse who acts as assistant to the physician. She is clearly a professional employee. We shall exclude her from the unit b0 B. Branches Home service . ection salesmen and wholesale section salesmen: These employees are responsible to the branch managers ; they check and maintain relations with customers and prospects in the area served by the routes in their sections. In the performance of their duties, they work closely with route salesmen to see that leads are secured and followed up and that service is promptly rendered . The section sales- men also investigate and report on complaints regarding route sales- ment. These reports are transmitted to the branch managers in order to enable them to take necessary corrective action. Section salesmen, in making their reports, can effectively recommend the discipline and discharge of employees and thus exercise supervisory powers. Accordingly , we find that these employees perform supervisory func- tions and we shall exclude them from the unit. Collectors . There are approximately 20 collectors who check route salesmen's books to determine if collections have been properly made and accounted for. They also investigate adherence to prescribed credit policies. Collectors report to the branch managers deviations from authorized credit policy, book shortages, and customers' com- plaints regarding overcharges . They have authority effectively to recommend the discipline and discharge of route salesmen. Accord- ingly, we find that these employees perform supervisory functions and we shall exclude them from the unit. Head bookkeepers : There are approximately 25 head bookkeepers who determine qualifications of employees who are hired through the executive offices ; in some instances they actually hire employees. Where hiring is done at the executive office, the head bookkeeper has the power to reject an applicant. A head bookkeeper can effectively recommend to a branch office supervisor the dismissal or discipline of an employee under his supervision. He may also summarily discharge an employee found to be dishonest or guilty of falsification of rec- io See Matter o}:MontgomeryWard and Company, 64 N. L. R. B. 674. SHEFFIELD FARMS COMPANY, INC. 577 ords. Accordingly, we find that these employees perform super- visory functions and we shall exclude them from the unit. Head cashiers There are three head cashiers, each of whom super- vises from two to five cashiers. They can recommend effectively the hire or discharge of their subordinates. Accordingly, we find that these employees perform supervisory functions and we shall exclude them from the unit. Order department supervisor: There is one employee who super- vises five or six employees in the Order Department in the West 57th Street Branch. She can effectively recommend the hire or discharge of her subordinate employees. Accordingly, we shall exclude her from the unit. Confidential secretaries: The Employer has furnished job descrip- tions for approximately 40 secretaries whom it claims to be con- fidential. Analysis of the job descriptions and the evidence as to the persons responsible for formulating, determining, and effectuating labor relations policies disclose that only the secretaries listed below 11 assist in a confidential capacity persons exercising managerial func- tions in the field of labor relations. We shall, accordingly, exclude them from the unit. We find that all-office and clerical employees employed at the Em- ployer's executive offices and in its branches in the Greater New York :area, Fairfield County, Connecticut, Westchester, Long Island, and New Jersey, including general ledger unit clerks, cost section clerks, and all other employees listed in schedule "A," but excluding em- ployees listed in schedule "B," attached hereto, employees who work less than 75 percent of the workweek or month, and all supervisory employees with the authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Sheffield Farms Company, Inc., New York City, 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 ' Secretaries to general managers, sales manager for New Jersey, branch managers, home service branch managers, wholesale branch managers, plant managers, and division engineers. 578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and 203.56, of National Labor Relations Board Rules and Regula- tions-Series 4, 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-liav'e- since- quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not.,they desire to be represented by Milk Wagon Drivers, Local 607, 'International ` Brotherhood of Teamsters, AFL, for the purposes of collective bar- gaining. SCHEDULE A 1. Executive 01fice Secretaries.to : Medical Director Milk Economist Butter and Egg Procurement Manager, City Production Assistant Department Manager Supervisor of Freight Claim-rate Section Wholesale Assistant Sales Manager Advertising Production Manager Assistant General Credit Manager Assistant Director of Safety Supervisor of Compensation Claims Supervisor of Public Liability Claims General Insurance Supervisors and Adjusters Chemurgic Division Sales Manager Cliemurgic Division Assistant Sales Manager Supervisor of General Costs and Statistics Products Control Department Supervisor Accounting Systems Supervisor Supervisors of Research Products _ Supervisor of Quality Control Cafeteria Employees Porters 2. Branches Secretaries. to : , Assistant General Managers Assistant Home Service Branch Managers Assistant Wholesale Branch Managers,, , 'Assistant Sales Managers for New Jersey- Physician Collectors SHEFFIELD FARMS COMPANY, INC. SCHEDULE B 1. Executive O fiat Executives 579 Department Heads Executive Assistants Section Supervisors' and Assistants Unit Supervisors Engineering Department Technical and Research Department Auditors Section Salesmen and Demonstrators Collector Personnel Department Clerks, Assistant Supervisor of Veterans Administration and Suggestions System, Receptionist and Nurse Secretaries to : Executives and Department. Heads Assistant Personnel Manager Super-visor-"of Confidential Personnel Records and Salary Administration Personnel Employment Manager Supervisor of Personnel Training Supervisor of Personnel Group Insurance and Hospitali- zation Supervisor of Milk Allocation Assistant Chief Engineer Supervisors of Transportation and Truck Body Maintenance Assistant Comptroller and Office Manager Attorney Director of Safety Pay-roll Department Supervisor Supervisors of Country Plant Operations 2. Branches General Managers Home Service Branch Managers Home Service Assistant Branch Managers Wholesale Branch Managers Wholesale Assistant Branch Managers Office Managers Division Engineers Plant Managers Plant Supervisors Assistant Plant Managers Garage and Stable Supervisors Assistant Garage and Stable Supervisors 580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Wagon Shop Supervisors - Laboratory Technicians - Section Home Service and Wholesale Salesmen Collectors Head Bookkeepers Head Cashiers Order Department Supervisor Secretaries to : General Managers Sales Manager for New Jersey Division Engineers Branch Managers Home Service Branch Managers Wholesale Branch Managers Plant Managers '