Goldsmith Pickle Co., Inc.

In the Matter of GOLDSMITH PICKLE COMPANY, INC. and UNITED CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF AMERICA, LOCAL 101, AFFILIATED WITH THE C. I. O. Case No. B-1784.-Decided April 22, 1940 Pickles and Pickled Products Manufacturing Industry Investigation of Representatives : controversy concerning representation of employees ; employer refused to bargain with either of rival unions because of uncertainty as to which represented a majority of the employees ; stipulation as to-Unit Ap- propriate for Collective Bargaining : all production and maintenance employees, excluding engineers , truck drivers , office workers , watchmen, foremen, fore- ladies and other supervisory employees ; agreement as to-Election Ordered: eligibility determined by all employees employed by the Company on April 1, 1940.-Certification of Representatives. Mr. Charles F. McErlean, for the Board. Mr. Irving J. Siegal, of Chicago, Ill., for the Company. Meyers & Meyers, by Mr. Ben Meyers, of Chicago, I11., for the C. I. O. Union. Mr. Joseph M. Jacobs, of Chicago, Ill., for the A. F. of L. Union. Mr. Bliss Daffan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 8, 1939, United Cannery, Agricultural, Packing and Allied Workers of America, Local 101, affiliated with the C. I. 0., herein called the C. I. O. Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois ) a petition, and on March 29, 1940, an amended petition, alleging that a question affecting com- merce had arisen concerning the representation of employees of Goldsmith Pickle Company, Inc., Chicago, Illinois, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 11, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as 23 N. L R B, No 6. 70 GOLDSMITH PICKLE COMPANY, INC. 71 amended, ordered an investigation and authorized the Regional Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On March 15, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the C. I. O. Union, and upon Wholesale Grocery Workers Union, Local 20525, affiliated with the American Federation of Labor, herein called the A. F. of L. Union, a labor organization claiming to represent em- ployees directly affected by the investigation. Pursuant to notice, a hearing was held on April 1, 1940, at Chicago, Illinois, before William R. Ringer, the Trial Examiner duly desig- nated by the Board. The Board, the Company, the C. I. O. Union, and the A. F. of L. Union were represented by counsel and partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objec- tions to the admission of evidence. The Board has reviewed the 'rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Goldsmith Pickle Company,- Inc., is an Illinois corporation with its place of business in Chicago, Illinois. It is engaged in the manu- facture of pickles and pickled products. In the conduct of its busi- ness the, Company, purchases large quantities of green cucumbers, green tomatoes, and peppers. For the year ending March 1, 1940, the total value of commodities purchased by the Company for use in its business was approximately $25,000. Fifty per cent of the com- modities so purchased were transported to the plant of the Company from outside the State of Illinois. For the year ending December 31, 1939, the total value of the pickles and pickled products manu- factured and sold by the Company was approximately $250,000. Ten per cent of this amount was sold to producers and users outside the State of Illinois. The Company concedes that it is engaged in interstate commerce within'the meaning of the Act. II. THE ORGANIZATIONS INVOLVED United Cannery, Agricultural, Packing and Allied Workers of America, Local 101, is a labor organization affiliated with the Con- gress of Industrial Organizations. It admits to membership all 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD production and maintenance employees of the Company, excluding engineers, truck drivers, office workers, watchmen, , foremen, fore- ladies, and other supervisory employees. Wholesale Grocery Workers Union, Local 20525, is a labor organi- zation affiliated with the American Federation of Labor. It admits to membership all production and maintenance employees of the Company, excluding engineers, truck drivers, office workers, watch- men, foremen, foreladies, and other supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION It was stipulated at the hearing, and we find, that both the C. I. 0. Union and the A. F. of L. Union made requests upon the Company to bargain collectively, and that the Company was unwilling to bar- gain with either organization because of its uncertainty as to which represented a majority of the employees. It was further stipulated, and we find, that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the unions involved agree that the unit appro- priate for the purposes of collective bargaining includes all pro- duction and maintenance employees of the-Company, excluding en- gineers, truck drivers, office workers, watchmen, foremen, foreladies, and other supervisory employees.' We see no reason for not finding such unit appropriate. We find that all production and maintenance employees of the Company, excluding engineers, truck drivers, office workers, watch- men, foremen, foreladies, and other supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining. The parties agreed that the following constitute the-sUpervisoiy employees excluded from the unit by the agreement of the parties: Frank McKnight , Hoyt McKnight, John McKnight, Gus Szilazyi , Charles Zapletal , foremen, Anna MacGregor , foielady; and Mr Shapiro, superintendent GOLDSMITH PICKLE COMPANY, INC. VI. THE DETERMINATION OF REPRESENTATIVES 73 We find that the question concerning representation which has arisen can be best resolved by an election by secret ballot. The parties stipulated that all employees in the appropriate unit who were employed by the Company on April 1, 1940, should be eligible to vote. Accordingly, those eligible to vote in the election shall be the employees in the appropriate unit who were employed by the Com- pany on April 1, 1940, including employees who did not work on said date because they were ill or on vacation, but excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Goldsmith Pickle Company , Inc., Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, excluding engineers , truck drivers , office workers, watchmen, foremen, foreladies, and other supervisory employees , constitute a. unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Goldsmith Pickle Company, Inc., Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed on April 1, 1940, excluding engi- neers, truck drivers, office workers, watchmen, foremen, foreladies, and other supervisory employees, and those who have since quit or 74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD been discharged for cause, but including employees who did not work om said date because they were ill -or on vacation, to determine whether they desire to be represented by United Cannery, Agricul- tural, Packing and Allied Workers of America, Local 101, affiliated with the C. I. 0., or by Wholesale Grocery Workers Union, Local 20525, affiliated with the A. F. of L., for the purposes of collective bargaining, or by neither. [SAME TITLE CERTIFICATION OF REPRESENTATIVES May 23, 1940 On April 22, 1940, the National Labor. Relations Board issued a Decision and Direction of Election in this proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on May 7, 1940, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On May 8, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Re- port. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results the Regional Director reported as follows : Total number of ballots cast--------------------------------- 94 Total number eligible--------------------------------------- 95 Total number of ballots cast for the C. I. 0. Union------------- 43 Total number of ballots cast for the A. F. of L. Union--------- 50 Total number of ballots cast for neither--------------------- 0 Total number of challenged ballots--------------------------- 1 Total number of blank ballots------------------------------- 0 Total number of void ballots-------------------------------- 0 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, as amended, IT IS HEREBY CERTIFIED that Wholesale Grocery Workers Union, Local 20525, affiliated with the A. F. of L., has been designated and selected by a majority of all production and maintenance employees of Goldsmith Pickle Company, Inc., Chicago, Illinois, excluding engi- neers, truck drivers, office workers, watchmen, foremen, foreladies and GOLDSMITH PICKLE COMPANY, INC. 75 other supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Wholesale Grocery Workers Union, Local 20525, affiliated with the 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. 23 N. L. R. B., No. 6a.