Sunnyland Packing Co.

162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in fact, checking off such dues from the wages of all who signed authorizations, I shall recommend that Respondent make whole to such employees the amounts deducted from their wages for that purpose from the dates when such deductions were first made, as shown by Respondent 's record, to the date of compliance with the recommendations herein. Upon the basis of the above findings of fact, and upon the entire record in the case, I make the following: CONCLUSIONS OF LAW 1. The AFL and the CIO are labor organizations within the meaning of the Act. 2. By entering into the agreement of March 16, 1954, and by requiring the em- ployees of the transmission department to become members of the AFL, the Re- spondent has interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act and has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 3. By engaging in the conduct described in the foregoing paragraph the Respondent has also rendered unlawful assistance to the AFL and thereby violated Section 8 (a) (2) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] Suunnyland Packing Company and Sunnyland Poultry Company 1 and United Packinghouse Workers of America , CIO, Petitioner. Case No. 10-RC-3006. July 13,1955 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 Frank E. Hamilton, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. Sunnyland Packing Company, herein called Packing, is engaged in processing and selling meat and meat products at Thomasville, Georgia. Sunnyland Poultry Company, herein called Poultry, is en- gaged in processing and selling chickens in an adjoining building lo- cated within the same fenced area. The employees of the two Com- panies use the same entrance and cafeteria, and the gate watchmen of Packing perform protection duties for both Companies. All of the chickens processed by Poultry are purchased by Packing. Packing prepares the payroll for Poultry, which is billed for such service. Al- though each Company is a separate legal entity with separate books, hiring, and supervision, they have in common 2 officers, 1 of whom, the president, is the final authority on overall labor relations policy. In these circumstances, and upon the record, we find that Packing and Poultry constitute a single integrated enterprise and employer.' 3 Subsequent to the hearing , the Petitioner moved to amend the name of the Employer to the above form Absent objection , we grant the motion. 2 Sanitary Mattress Company, Rest Lane of California, Inc, 109 NLRB 1010, at 1011; Marvel Roofing Products Incorporated, et at., 108 NLRB 292 , at 293. 113 NLRB No. 12. SUNNYLAND PACKING COMPANY 163 Packing annually sells and ships meat and meat products valued at more than $250,000 to customers outside the State. As the Employer annually ships over $50,000 worth of goods outside the State, we find that the Employer, consisting of Packing and Poultry, is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction over this Employer.3 2. The labor organizations involved claim to represent certain em- ployees.' 3. A question affecting commerce exists concerning the representa- tion of the employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner and the Amalgamated Meat Cutters & Butcher Workmen of North America, A. F. L., the Intervenor herein, seek to represent the production and maintenance employees of both Pack- ing and Poultry in a single unit. The Employer contends that only separate units of Packing and Poultry employees are appropriate. There is no bargaining history among the employees involved. In addition to the facts detailed in paragraph 1, above, showing that Packing and Poultry constitute a single integrated enterprise and em- ployer, the record establishes that the employees of both plants receive the same employee benefits, that there have been transfers among these employees, and that no labor organization seeks to represent them other than as a multiplant unit. In these circumstances, and absent bargaining history on a separate plant basis, we find that Packing and Poultry employees have a sufficient community of interests to consti- tute a single Employerwide unit.' Except as hereinafter discussed, the parties agree as to the compo- sition of the unit. A. Categories in issue at Packing The Petitioner would include, while the Intervenor would exclude, truckdrivers in the production and maintenance unit. However, the Employer would constitute the truckdrivers as a separate unit. In addition, and contrary to the Petitioner and the Intervenor, it would include in the unit of production and maintenance employees, restau- rant employees only if cashiers are included, plant clericals, Grader 8 Jonesboro Grain Drying Co-operative, 110 NLRB 481. The Truck Drivers and Helpers Local Union No. 728, International Brotherhood of Teamsters and Chauffeurs, Warehousemen and Helpers of America, AFL, herein called the Teamsters, indicated a showing of interest among the truckdrivers only However, it did not appear at the hearing, although properly served with notice thereof We view the failure to appear as a disclaimer of interest in the representation of the truckdrivers of the Employer. See Lykes Brothers, Inc. of Georgia, 112 NLRB 575 In these circum- stances, it is unnecessary to rule on the Petitioner 's motion to dismiss the alleged petition of the Teamsters r Armour Leather Company, a Division 'of Armour and Company, 109 NLRB 1311, at 1312-1313; Underwriters Salvage Company of New York, 99 NLRB 337, at 338-339 ; Scenic Citrus Cooperative, ]no., 98 NLRB 350, at 351-352. 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Almstead, gate watchmen, and certain categories alleged by the Unions to be supervisory. Truckdrivers: The Employer employs 27 truckdrivers, all of whom are over-the-road or long-distance drivers except 1 who makes local deliveries. However, the Teamsters disclaimed any interest in repre- senting the truckdrivers, and no other labor organization seeks to represent them separately. In accord with established Board prece- dent, we shall include truckdrivers in the unit with production and maintenance employees.' Restaurant employees: The restaurant or cafeteria employees in- clude cooks, waitresses, and a regular and a substitute cashier, who perform the customary duties of their classifications. In addition, the regular cashier performs waitress and salad-making duties. Contrary to the Petitioner, we believe that the cashiers have interests in common with the other restaurant employees. Although all restaurant em- ployees are separately supervised and work exclusively in the cafeteria, they have the same benefits as the plant employees, and from the nature of their work, have interests in common with them. Under the circum- stances, in accordance with Board precedent, we include the restaurant employees .7 Plant clericals: Attached to the night shipping department, where outgoing trucks are loaded, are six hourly paid shipping clerks and checkers. The four clerks receive telephone calls and recap and extend invoices. Although they work in the main office, they frequently go to the plant to pick up tickets and occasionally interchange with ship- ping employees to help load the trucks. The two checkers call out the numbers and help on the dock with the orders and the loading of trucks. Under the supervision of the purchasing agent, two supply clerks perform clerical duties. One issues supplies to employees and spends 50 percent of her time keeping records of inventory. The other clerk cuts cellophane and issues it and supplies to employees. Two other employees in the department actually deliver the supplies. The market helper to the market employee, hereinafter discussed, is a sales clerk whose duties are to wait on employee customers. Under these circumstances, we find that shipping clerks, checkers, supply clerks, and the market helper are plant clerical employees, who have sufficient interests in common with production and maintenance employees to be included in the unit' 'Lykes Brothers, Inc of Georgia, supra, see Bachmann Uxbridge Worsted Corporation, 109 NLRB 868, at 870, Thomas Electronics, Inc, 107 NLRB 614, at 615 7Rheem Manufacturing Company, 110 NLRB 904; Kohler Company, 93 NLRB 398, at 404-406 and cases cited therein, Greenberg Mercantile Corp , 112 NLRB 710; Pearl Brew- ing Company, Lone Star Bi ewing Company, 106 NLRB 192, at 193-194, Dr. Pepper Bot- tling Company, 78 NLRB 1261, at 1262. 8Rheem Manufacturing Company, supra; Gen Pro, Inc., 110 NLRB 12; Swift & Com- pany. 101 NLRB 33. at 35 , Peterzell d Gelles, Inc., 94 NLRB 346, at 350. SUNNYLAND PACKING COMPANY 165 Buyers : Grader Almstead grades and tags beef and performs cer- tain cooler duties. He buys beef for Packing. Paul Singletary, called the market employee, operates the market and sells meat cuts and canteen items to employees. Although he is hourly paid, he does all the purchasing and ordering of the items to be sold and, with the superintendent, sets prices. In these circumstances, because the in- terests of both these employees are closely associated with manage- ment, we shall, in accord with our usual practice, exclude them from the unit.' Gate watchmen: The gate watchmen have the duty to protect the Employer's property and personnel and to keep out unauthorized per- sons. Three of them work full time as watchmen while the fourth does so 3 days a week. In these circumstances, as the watchmen perform guard duties all or a part of their time, we find that they are guards within the meaning of the Act and exclude them from the unit.10 Alleged supervisors: Roger Benson or Benton works in the lard and tankage department. James Bloodsworth is a meat cutter in the fancy cuts department. He transmits the foreman's orders directly to the two other employees in the department. Kenneth Golder or Golden works in the beef cutting section of the killing and cutting department. Hale picks neck bones and makes pickles in the proc- essed pork department. Although he substitutes for the foreman, such occasions are infrequent and sporadic. While his recommenda- tions to a superior would carry "a little bit more weight," such rec- ommendations are subject to an independent investigation. Mrs. White packages and skins wieners and keeps production records in the wiener section of the sausage department. She also apparently helps train new employees. A truckdriver substitutes for the truck dispatcher, hereinafter found to be a supervisor, on infrequent and sporadic occasions. All these employees are hourly paid, except Hale who is paid on the basis of a guaranteed number of hours. Under these circumstances, as none of the above employees exercises or pos- sesses the statutory authority of a supervisor except sporadically, we find that they are not supervisors, but employees, and we include them in the unit. Luck or Luke is the production leader of the killing operation in the killing and cutting department, where 90 employees work under the departmental foreman. He looks after the killing and sees that the work is carried on. He is considered as being in line for a foreman's job, and is paid on the basis of a guaranteed number of hours. Mrs. Mobley leads the 5 or 6 employees in the sausage packing section of the sausage department, where she also does production work and 6 Wnlliama, Dimond & Co., 101 NLRB 71, at 72, Beavers Packing Company, 97 NLRB 233, at 234; Willaann P McDonald Corpora action,. 83 NLRB 427, at 433. 10 Fox Manufacturnng Company, 112 NLRB 977. 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD keeps production records. She has the authority to change job as- signments. Herman White leads the 5 or 6 employees in the sweet pickle and smoked meat section of the processed pork department, where he also does production work. He also changes work assign- ments. The truck dispatcher lines up trucks, directs their destination, is in charge of the truckdrivers, and has the authority to hire and fire them. Although hourly paid, except Luck or Luke, these individuals are among the highest paid in their departments. In view of the fore- going, we find that Luck or Luke, Mrs. Mobley, and Herman White, because they responsibly direct the employees under them, and the truck dispatcher, because, in addition, he has the authority to hire and fire, are supervisors within the meaning of the Act. Accordingly, we exclude them from the unit. Although the Petitioner desired that Bill Call, who works in the sweet pickle and smoked meat section, be excluded as a supervisor, there is no evidence as to the duties of this individual. Because the record is inadequate to determine his status, we shall permit him to vote subject to challenge." Construction workers : The Petitioner would exclude, while the other parties have not taken a position as to the inclusion or exclu- sion of, eight employees who have been performing the construction work for the Employer. At the time of the hearing, the building on which the 8 employees were working was to be completed in 3 weeks. Moreover, at that time the Employer had no plans for further con- struction. In these circumstances, we shall exclude them from the unit.l3 B. Categories in issue at Poultry There is no dispute among the parties with respect to the unit place- ment of Poultry employees except that the Petitioner would exclude Arnold or Fox Morris as a supervisor and Model Lodge as a clerk. As the record in the instant proceeding is inadequate to determine their status, we shall permit them to vote subject to challenge.13 Accordingly, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act: All production and maintenance employees 14 at Sunnyland Packing Company and Sunnyland Poultry Company at Thomasville, Georgia, including the truckdrivers, cooks, waitresses, cashiers, and other res- taurant employees, shipping clerks, checkers, supply clerks, and the market helper; but excluding office clerical employees, construction " Philadelphia Electric Company, 110 NLRB 320 (footnote 13). 'a Bata Slwe Company, Inc, 112 NLRB 1018. Philadelphia Electric Company, sepia '+Including Roger Benson or Benton, James Bloodsworth, Kenneth Golder or Golden, Hale, Mrs White, and the truckdriver who substitutes for the truck dispatcher. HUNT HEATER CORPORATION 167 workers, the registered nurse and other professional employees, buyers," salesmen's gate watchmen, the truck dispatcher, head-of the cafeteria or restaurant, foremen of the day shipping, night shipping, killing, tankage and lard, sausage, bacon, meat curing, garage, me- chanics, supplies, beef, and construction departments, sales managers, the assistant sales manager, the general superintendent, the manager and the assistant manager, sales supervisors, and all other supervisors as defined in the Act.' [Text of Direction of Election omitted from publication.] 15 Grader Almstead, market employee Singletary and Charlie Wright, buyer and super- visor. 16 The parties do not disagree regarding the exclusion of the salesmen. See Central Cigar cf Tobacco Co, 112 NLRB 1094. 17 Including Luck or Luke, Mrs. Mobley, and Herman White. Hunt Heater Corporation and International Union, United Auto- mobile Workers of America, AFL, Petitioner. Case No. 10-BC7- '400. July 13,1955 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 John S. Patton, hearing offi- cer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the 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. In accordance with the agreement of the parties, we find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Day- ton, Tennessee, heater and stove manufacturing plant, excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act.' 1 Although the parties stipulated that office and clerical employees be excluded, the record shows there are no plant clerical employees in the plant . The unit description accordingly excludes only office clerical employees. 113 NLRB No. 21. 879288-56--vol. 113-12