Atlantic Fertilizer Inc.

68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Atlantic Fertilizer Inc.; Long Island Produce & Fertilizer Co., Inc.; Henry Pollak .and Company, Inc.; H. Sacks & Sons,' Petitioners and Packaging of Grain, Fertilizer, Processors of Allied 'Food Industries, Local 424 International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL and Produce Purveyors, Fresh and . Frozen Fruits and. Vegetables, Processed Fish Drivers, Salesmen and Warehousemen, Local 202, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, AFL.' Cases Nos. 2-RM-717, 2-RM-7P33, 2-RM-726, and 2-RM- 727. September 15, 1955 . DECISION AND DIRECTION OF ELECTIONS 'Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before John J. Carmody, 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 proceeding, the Board finds : 1. The Employers are engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employers. 3. The questions concerning representation : The Employers seek a determination of the bargaining representa- tive of various of their employees at their Long Island establishments. The record discloses that on July 12,1955, Local 202 made a demand for recognition as bargaining representative of the employees of the Employers involved herein. Local 424 asserts, however, that, at least with respect to Local 424, no question concerning representation exists within the meaning of Section 9 (c) (1) of the Act because it has never demanded recog- nition as representative of the employees of these Employers and does not now claim to represent a majority of the'employees in the units which the Employers assert are appropriate. It is not clear from the record whether Local 424 has, in fact, made a demand for recognition upon all of the Employers.' At the hear- The Employees are hereinafter referred to as Atlantic , Long Island, Pollak, and sacks, respectively. At the hearing a motion was made to consolidate the instant cases with other cases involving the same Unions and 11 other Employer -Petitioners. The motion was granted. After the consolidation , consent-election agreements were executed in such other cases, and the petitions therein were withdrawn. 7 The names of the Unions appear as corrected at the hearing . They are hereinafter referred to as Local 424 and 202 , respectively. 8 Riccardi, secretary-treasurer of Local 424, testified that he made a demand only upon Atlantic, but that this demand was subsequently withdrawn . While all of the Employers 114 NLRB No. 24. ATLANTIC FERTILIZER INC. 69 ing counsel for Local 424 asserted that, although Local 424 "had an interest in this matter," it was not demanding recognition or a con- tract and did not claim to represent a majority of the employees- "We do not claim to represent a majority, we are not asking for a contract, but we claim an interest in the instant proceeding." In view of Local 424's statement that it has an "interest" in this proceeding in which a question concerning representation has been raised by Local 202's demand for recognition, we infer that Local 424 desires to be on the ballot in any election directed and shall accord- ingly place its name on the ballot as well as that of Local 202. Accordingly, we find that a question affecting commerce exists con- cerning the representation of certain employees of the Employers with- in the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate units : The Employers are engaged primarily in the manufacture and sale of fertilizer and insecticides and in the sale of potatoes. The unit position of each Employer is set forth below. The Unions take no position as to the appropriateness of the proposed units, leaving that question to the Board. The Atlantic Unit Atlantic's operations consist of mixing, bagging, and shipping fertilizer from its plant located at Jamesport, Long Island. Atlantic seeks an election in. a unit consisting of 10 employees classified as laborers who receive and store the chemical components of fertilizer, mix them in the required amounts and ship them on demand to cus- tomers. , We find such a unit is appropriate as Atlantic appears to have no other production or maintenance employees. The Long Island Unit Long Island is engaged in manufacturing and distributing ferti- lizers and insecticides, and in distributing potatoes and other agricul- tural commodities. It also sells farm machinery. Long Island op- erates 2 stores and 9 plants and employs approximately 100 people, of which 57 are in the alleged appropriate unit and are classified as laborers, mechanics, janitor, and clerks. The laborers and mechanics do production and maintenance work at the Employer's plants. The janitor sweeps and cleans the office. The clerks are retail sales em- ployees in stores operated by the Employer. These employees spend 90 percent of their time performing the usual duties of retail clerks. testified that a demand for recognition had been made upon them, this testimony appears in some cases to be in conflict with pretrial statements made by the same witnesses. For purposes of this decision , we assume that no formal demand was made upon all Employers. See text, snjrra. 70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD They also perform some production and maintenance duties. As no party objects to the inclusion of the retail clerks, we shall include them. The Pollak Unit The operations of Pollak consist in the warehousing and selling of fertilizers and insecticides at Port Jefferson, Calverton, Riverhead, and Cutchogue, Long Island. Pollak employs 13 warehousemen and 3 maintenance employees at these locations. It seeks an election in a unit consisting of these 16 employees. The warehousemen bag and a grade potatoes and insecticides, which they stack in the warehouses until sold. On occasion they also drive the Employer's trucks. The maintenance employees repair and paint the Employer's buildings. We find that "the warehousemen and maintenance employees at the Port Jefferson, Calverton, Riverhead, and Cutchogue plants consti- tute an appropriate unit. The Sacks Unit Sacks buys, sells, and packs potatoes. It has a plant at East Quoque, Long Island. It asserts that the appropriate unit consists of two em- ployees classified as assistant potato warehouse managers. It appears from the record that these two employees are the only production or maintenance employees of the Employer who are not presently rep- resented.' In these circumstances, and in the absence of any objection by the Unions, we find that they constitute a separate appropriate unit. We find that the following employees of the Employers constitute units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : (a) All production and maintenance employees of Atlantic Ferti- lizer, Inc., at its Jamesport, Long Island, plant, excluding office and clerical employees and supervisors as defined in the Act. (b) All production and maintenance employees of Long Island Produce & Fertilizer Co., Inc., at its 2 stores and 9 plants, including laborers, mechanics, the janitor, and clerks, but excluding office and office clerical employees, and supervisors as defined in the Act. (c) All warehousemen and maintenance employees of Henry Pol- lak and Company, Inc., at its plants located at Port Jefferson, Calver- ton, Riverton, and Cutchogue, Long Island, excluding office and clerical employees and supervisors as defined in the Act. (d) The assistant potato warehouse managers of H. Sacks & Sons, at its Mattituck and Bridgehampton, Long Island, warehouses, ex- cluding all other employees and supervisors as defined in the Act. [Text of Direction of Elections omitted from publication.] * Local 202 has a contract expiring August 31 , 1955, covering employees classified as produce warehousemen , chauffeurs , and helpers.