Stokely Brothers & Co., Inc.

In the Matter Of STOKELY BROTHERS & COMPANY, INC. AND VAN CAMP'S, INC. and FEDERAL LABOR UNION No. 21752, AFFILIATED WITH A. F. OF L. In the Matter Of STOKELY BROTHERS & COMPANY, INC. AND VAN CAMP'S, INC. and AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF AMERICA LOCAL No. 1473, AFFILIATED WITH THE C. I. O. In the Matter of STOKELY BROTHERS & COMPANY, INC. AND VAN CAMP'S, INC. and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA, LOCAL UNION 135, AFFILIATED WITH A. F. OF L. Cases Nos. R-1382, R-1383, and R-1384, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES December 15, 1939 On October 4, 1939, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceedings.' On October 11, 1939, and on October 19, 1939, respectively, the Board issued its Amendment to Direction of Elections 2 and its Second Amendment to Direction of Elections.3 Pursuant to the Direction of Elections, as amended, elections by secret ballot were conducted on October 19, 1939, among the truck drivers of Van Camp's, Inc., and on October 30, 1939, among the seasonal employees at the Martinsville plant of Van Camp's, Inc., under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On November 2, 1939, the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report. 15 N. L. R. B. 872. s 15 N. L. R. B. 889. 16 N. L. R. B. 163. On October 16, 1939, Stokely Brothers & Company, Inc., and Van Camp's, Inc., filed with the Board a Petition for Rehearing. Thereafter, the Board issued its Order denying the Petition for Rehearing. 18 N. L. R. B., No. 50. 327 283029-41-vol. 18-22 328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and the results thereof, the Regional Director reported as follows : Truck Drivers Total number eligible voters________________________________ 13 Total number of votes cast__________________________________ 13 Total number of valid votes cast____________________________ 9 Total number of votes for International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers of America, Local No. 135, affiliated with the A. F. of L.____________________ 7 Total number of votes for Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473, affili- ated with the C. I. O._____________________________________ 2 Total number of votes for neither organization _______________ 0 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged ballots____ ______________________ 4 Seasonal employees at Martinsville Plant Total number eligible voters _________________________________ 106 Total number of votes cast__________________________________ 77 Total number of valid votes cast____ ________________________ 65 Total number of votes for Federal Labor Union No. 21752, affiliated with the A. F. of L.______________________________ 32 Total number of votes for Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473 , affili- ated with the C. I. O-------------- ------------------------ 33 Total number of votes for neither organization_______________ 0 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged ballots __________________________ 12 In view of the fact that the four challenged ballots in the truck drivers' election could not alter the results of the election they will not be opened and counted. In his Election Report, the Regional Director found that the 12 challenged ballots in the election among seasonal employees were cast by persons ineligible to vote. He recommended that such ballots be declared invalid. Although Stokely Brothers & Company, Inc., and Van Camp's, Inc., herein called the Companies, and Federal Labor Union No. 21752, herein called the Federal Union, filed objections to other phases of the Election Report, as will be discussed below, none of the parties objected to the Regional Director's finding or recom- mendation as to the 12 challenged ballots. The Board hereby adopts the Regional Director's recommendation in this respect. On November 6, 1939, the Companies filed with the Regional Director objections to the Election Report. The substance of the objections was that the hearing, the Decision and Direction of Elec- tions, and the elections were contrary to law and void. The Com- panies also requested the Board to reconsider its ruling denying STORELY BROTHERS & COMPANY, INC. 329 their Petition for Rehearing. The Board has reconsidered its ruling and hereby affirms it. On November 7, 1939, the Federal Union filed with the Regional Director objections to the Election Report. These objections are directed only to the election among seasonal employees at the Martins- ville plant. They allege in substance that: (1) Although the elec- tion was advertised and notices were sent out to the effect that it would be held between the hours of 10: 00 a. m. and 3: 00 p. m., actu- ally the polls did not open until 10: 25 a. m., and that voters report- ing to vote between 10: 00 a. in. and 10: 25 a. m. were unable to cast their ballots; and (2) the polls were held open until 3:30 p. M. although they were supposed to close at 3:00 p. m. and that votes deciding the election were cast between 3:00 p. in. and 3:30 p. m. by persons who had to pass an Amalgamated organizer and a Com- pany official before voting. On November 10, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued his Report on the Objections. With respect to objections by the Federal Union, the Regional Director reported : (1) . .. the Agent of the National Labor Relations Board was informed at 9: 50 A. M. by the A. F. Of L. (Federal Union) observers that the C. I. O. (Amalgamated) observers were "straw bosses." This was brought to the attention of the C. I. O. ob- servers and they denied such allegation, but stated that they would withdraw and would have their union furnish other ob- servers in order that there might be no controversy at the polls. The new observers arrived at approximately 10: 25 A. M. No objection was made by any party because of the delay in obtain- ing new observers. The Board's Agent states that he was not aware of any person attempting to cast their ballot between 10:00 A. M. and 10:30 A. M. (2) . . . the Agent of the National Labor Relations Board allowed the polls to remain open until 3: 30 P. M., as it was mutually agreed by and between all parties to allow this exten- sion. The agent of the National Labor Relations Board reports that only one person cast a ballot between 3: 00 P. M. and 3: 30 P. M. and that this person did not have to pass any union official or company foreman in entering the polling place. With respect to objections by the Companies, the Regional Direc- tor reported that each of the issues therein raised concerned matters of record which were duly considered by the Board in issuing its Decision and Direction of Elections. 330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Board has considered the objections and the Regional Direc- tor's Report thereon. It is apparent that the 25-minute delay in opening the polls at the election among seasonal employees, to which the Federal Union objects, occurred as a necessary incident to the satisfaction of the Federal Union's protest against the Amalgamated observers first appearing at the polls. None of the parties objected to the delay at the time it occurred. Under the circumstances it cannot be considered prejudicial. Similarly, it was mutually agreed by all parties, including the Federal Union, to allow an extension of time from 3: 00 p. m. to 3: 30 p. m. for the polls to remain open. Under the circumstances objections to the extension are not now proper. The objections of the Companies as to both elections chiefly concern matters of record which the Board duly considered in issuing its Direction of Elections. The Board finds that the objections raise no substantial and material issues with respect to the conduct of the ballots. The objections are hereby overruled. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT In its Decision and Direction of Elections the Board directed an election among the truck drivers of Van Camp's, Inc., and stated that if International Brotherhood of Teamsters, Chauffeurs, Stable- men & Helpers of America, Local No. 135, herein called the Brother- hood, should be accorded a majority, the truck drivers will be considered as constituting a separate unit; while if the Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473, affiliated with the C. I. 0., herein called the Amalgamated, should be accorded a majority, the truck drivers will be considered as combined in a single unit with the regular and junior employees at the Indianapolis plant. and warehouse and the Martinsville plant. The Election Report shows, and we find, that a majority of the truck drivers have voted for the Brotherhood. We therefore find that the truck drivers of Van Camp's, Inc., constitute an appropriate unit and we will certify the Brotherhood as bargaining agent for such unit. We find that all persons employed by Van Camp's, Inc., at its plant at 2002 South East Street, Indianapolis, Indiana, its ware- house in Indianapolis, Indiana, and its plant in Martinsville, Indiana, excluding seasonal employees, superintendents, foremen, field'men, farmer-contractors, agricultural workers, clerical workers, laboratory workers, sales force, and truck drivers, constitute an appropriate unit. At the hearing the Amalgamated introduced uncontroverted evi- dence that it represents a substantial majority of Van Camp's, Inc., regular and junior employees at the Indianapolis plant and ware- STOKELY BROTHERS & COMPANY, INC. 331 house and the Martinsville plant. In its Decision the Board stated that it would withhold certification of the Amalgamated as bargain- ing agent for a unit composed of employees in the above-described group until the status of the truck drivers is determined by the results of the election to be held among them. Since that question has now been determined, we will certify the Amalgamated as the exclusive representative of employees in the unit fully described in the paragraph above. The Election Report shows, and we find, that the Amalgamated has been designated and selected by a majority of the seasonal employees at the Martinsville plant as their representative for the purposes of collective bargaining. It is, therefore, the exclusive representative of all employees in such unit for the purposes of collective bargain- ing, and we will so certify. Upon the basis of the above findings of fact and upon the entire record in the proceedings, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. All persons employed by Van Camp's, Inc., at its plant at 2002 South East Street, Indianapolis, Indiana, its warehouse in Indianap- olis, Indiana, and its plant in Martinsville, Indiana, excluding seasonal, employees, superintendents, foremen, field men, farmer- contractors, agricultural workers, clerical workers, laboratory work- ers, sales force, and truck drivers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473, affiliated with the C. I. 0., is the exclusive representative of all the employees in such unit for the pur- poses of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. 3. Truck drivers employed by Van Camp's, Inc., constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, IT IS HEREBY CERTIFIED that International Brotherhood of Team- sters, Chauffeurs, Stablemen and Helpers of America, Local Union 135, affiliated with A. F. of L., has been designated and selected by a majority of truck drivers employed by Van Camp's, Inc., as their 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local Union 135, affiliated with A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY CERTIFIED that Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473, affiliated with the C. I. 0., has been designated and selected by a majority of seasonal employees, exclusive of those in a supervisory capacity, at the Martinsville, Indiana, plant of Van Camp's, Inc., as their repre- sentative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other con- ditions of employment; and IT IS HEREBY CERTIFIED that Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473, affiliated with the C. I. 0., has been designated and selected by a majority of all persons employed by Van Camp's, Inc., at its plant at 2002 South East Street, Indianapolis, Indiana, its warehouse in Indianapolis, Indiana, and its plant in Martinsville, Indiana, excluding seasonal employees, superintendents, foremen, field men, farmer-contractors, agricultural workers, clerical workers, laboratory workers, sales force, and truck drivers, as their representative for the purposes of collec- tive bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Amalgamated Association of Iron, Steel & Tin Workers of North America, Local No. 1473, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. WILLIAM M. LEISERSON, concurring specially : I concurred in the Board's Decision and Direction of Elections, indicating, however, that I would not certify the Amalgamated as it is already the undisputed representative of the employees in the unit of regular and junior employees at Indianapolis and Martins- ville, as evidenced by its current contract. I still adhere to that view. Nevertheless, in view of the finding of the majority of the Board that a question concerning representation has arisen among such employees, I agree that the Amalgamated should be certified as their representative.