Campbell Soup Co.

In the Matter of CAMPBELL SOUP COMPANY and UNITED CANNERY, AGRICULTURAL, PACKING & ALLIED WORKERS OF AMERICA, LOCAL #194, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2008,--Decided September 23, 1940 Jurisdiction : canned goods manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord recognition to union ; election necessary. Employees hired during the tomato, season eligible to vote in election directed by Board, notwithstanding sole union involved contends they are temporary and seasonal employees, where due to increased production most of these employees are employed throughout the year. Unit Appropriate for Collective Bargaining : production, maintenance, service, cafeteria, and warehouse employees, excluding office clerks, plant clerks, power- house employees, engineers, watchmen, assistant foremen, assistant foreladies, subforemen, subforeladies, and all other supervisory employees. Fyffe cC Clark, by Mr. Albert J. Smith, of Chicago, Ill., for the Company. Meyers cC Meyers, by Mr. Irving Meyers, of Chicago, Ill., for the Union. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 3, 1940, United Cannery, Agricultural, Packing & Allied Workers of America, Local #194, affiliated with the Congress of In- dustrial Organizations, herein called the Union, filed a petition, and on July 11, 1940, an amended petition, with the Regional Director for the Thirteenth Region (Chicago, Illinois), alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Campbell Soup Company, Chicago, Illinois, herein called the Company,' and requesting an investigation and certification of x The Company was also referred to at the hearing as Campbell Soup Company, Central Division. 27 N. L. R. B., No. 85. 396 CAMPBELL SOUP COMPANY 397 representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the 'Act. On August 8, 1940, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On August 12, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, and the Union. Pursuant to the notice, a hearing was held on August 20, 1940, at Chicago, Illinois, before Robert R. Rissman, the Trial Ex- aminer duly designated by the Board. The Company and the Union were represented by counsel and participated 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 objections 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 I. THE BUSINESS OF THE COMPANY Campbell Soup Company, a Delaware corporation with a plant located at Chicago, Illinois, and general offices at Camden, New Jersey, is engaged in the manufacture and sale of soup, pork and beans, spaghetti, and other canned goods. From July 1, 1939, through June 30, 1940, the Company used raw materials valued at between $10,000,000 and $12,000,000, of which approximately 50 per cent was purchased outside Illinois, and produced finished goods valued at approximately $15,000,000, about, 75' per cent of-which-'was sold out- side Illinois. The Company admits that it is engaged in interstate commerce' within the meaning of the Act. II. THE ORGANIZATION INVOLVED United Cannery, Agricultural, Packing & Allied Workers of America, Local No. 194 is a labor organization affiliated with the Congress of Industrial Organizations, admitting to its Membership employees of the Company. ' 398 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On June 27, 1940, the Union sent a letter to the Company request. ing, inter alia, recognition as exclusive bargaining representative for the employees of the Company. On or about July 2,' 1940, a repre- sentative of the Union spoke to the plant manager of the Company over the telephone and asked for his answer to the letter. He was told that the Company would not recognize the Union as the exclu- sive representative of its employees. At the hearing there was in- troduced in evidence a report prepared by the Regional Director showing that the Union represented a substantial number of em- ployees in the unit found appropriate in Section V, infra.2 , We find that a question has arisen concerning the 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union claims that production, maintenance, service, and cafe- teria employees, excluding supervisory, clerical, powerhouse, seasonal and temporary employees, engineers, and watchmen, constitute an appropriate unit., The Company, on the other hand, contends that all hourly paid employees, excluding watchmen, engineers, and super- visory employees, constitute an appropriate' unit. The parties are in disagreement as to . warehouse and powerhouse employees,, the Union desiring their exclusion from the appropriate unit and, the Company desiring their'inclusion. ' There is disagreement also as to plant clerks and hourly paid assistant foremen and subforemen, the Union contending that they are, respectively, clerical and supervisory employees and therefore should be excluded from the unit, and the Company contending that they are production and maintenance em- ployees and therefore to be included. The Union also maintains that employees hired during the tomato season are seasonal.or temporary At the time of the hearing the Company employed approximately 1,915 employees. The report of the Regional Director showed that 637 employees had signed cards designating the Union as their collective bargaining representative. CAMPBELL SOUP COMPANY 399, employees and should be excluded from the unit, while the Company contends that they are not seasonal or temporary employees. Warehouse employees. There are 85 hourly paid employees in the warehouse, which is a separate building connected by bridges with the main plant building. These employees haul the finished products from the plant to the warehouse, put them in cases, and either ship them to customers or store them. They also store raw materials in the warehouse and haul them to the plant as needed. The Union not only admits the warehouse employees to its membership but also stated at the hearing that it desired to represent employees in a part of the warehouse located on the second floor of the main plant build- ing. Since the Union desires to bargain for other employees in the main plant building whose duties are similar to the warehouse em- ployees, we see no reason for excluding the latter from the unit. We shall include the warehouse employees in the unit.3 Powerhouse employees. There are 28 employees in the power- house, which is a separate building connected to the main plant build- ing by means of a tunnel. Of the 28 employees in the powerhouse, 7 are engineers and are excluded by agreement of the parties, and 21 are hourly paid employees who shovel coal, clean machinery, and perform miscellaneous tasks about the powerhouse. The Union does not admit any of the powerhouse employees to its membership. Under the circumstances, we -shall exclude all the powerhouse employees from the unit. Plant clerks. The Company employs 43 hourly paid clerks who keep a record of the amount of raw materials used by the produc- tion workers. They also check the materials going to the blending platform to see that no decayed vegetables are being used. We find that the plant clerks are clerical employees and shall exclude them from the unit.4 Assistant foremen and sub f oremen. The record does not show whether there are any assistant foremen, assistant foreladies, sub- foremen, or subforeladies paid on a salary b asis. If there are, however, they are excluded by agreement of the parties. The re- mainder of the assistant foremen, assistant foreladies, subforemen, and subforeladies are hourly paid employees who have been taken from the ranks of the production workers and given an increase in their hourly-rate. They are not admitted to membership in the Union. We find that they are supervisory employees and shall exclude them from the unit. 8 See Matter of Terminal Flour Mills Company and International Longshoremen's and 11 arehousemen's Union Local 1-28, 8 N. L. R. B 381 4 See Matter of Yates-American Machsne Company and International Association of Machinists, Local 1139 (A. F. L ), 10 N. L. R B. 786. 400 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD Seasonal and temporary employees. During the tomato season, which lasts from the latter part of July to approximately the first of November, the Company hires additional employees. The Company .contends that such employees are not seasonal or temporary employees. The evidence shows that during 1939 the Company hired from 200 to .300 employees during the tomato season and, after the season, although it discharged about 80 employees, it hired 287 additional employees. During the tomato season, the entire plant is engaged in working on tomatoes. The record indicates, moreover, that due to increased pro- duction during the past few years, most of the employees hired during the tomato season have been employed throughout the year. Under the circumstances we find that employees hired during the tomato -season are not seasonal or temporary employees.5 We find that the production, maintenance, service, cafeteria, and warehouse employees of the Company, excluding office clerks, plant .clerks, powerhouse employees, engineers, watchmen, assistant fore- men, assistant foreladies, subforemen, subforeladies, and all other supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of -the Company the full.benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that an election by secret ballot is necessary to resolve the .question concerning representation of the employees of the Company. The Union desires that the pay' roll of July 10, 1940, immediately preceding the tomato season, be used for the purpose of determining those'eligible to vote. Since we have found in Section V, supra, that .employees hired during the tomato season are not seasonal or tem- porary employees, we shall use as the date,for determining eligibility of employees to vote the pay-roll date immediately preceding the date ,of this Direction of Election. 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 Campbell Soup Company , Chicago, Illinois, within the meaning of Section 9 ( c) and Section 2 (6) and (7) of the National Labor Relations Act. I I - - - - - 5 All new employees, including those hired dui mg the tomato season, are eligible to membership in the Union. CAMPBELL SOUP COMPANY 401 2. The production, maintenance , service, cafeteria, and warehouse employees of the Company , excluding office clerks , plant clerks, power- house employees, engineers, watchmen, assistant foremen, assistant foreladies , subforemen , subforeladies , and, all other supervisory em- ployees, constitute a unit appropriate for the purposes of collective bargaining. 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 Relations 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Campbell Soup, Company, 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 Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the production, maintenance, service, cafeteria, and warehouse em- ployees of the company who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including those employees who did -not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding office clerks, plant clerks, powerhouse employees , engineers , watchmen, assistant foremen, assistant foreladies , subforemen, subforeladies, and all other super- visory employees, and employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be repre- sented by United Cannery, Agricultural, Packing & Allied Workers of America, Local #194, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. [SAME TITLE CERTIFICATION OF REPRESENTATIVES November 8, 1940 On September 23, 1940, the National Labor Relations Board issued a Decision and Direction of 'Election in the above-entitled proceed- ings. Pursuant to the Direction of Election , an election by secret ballot was conducted on October 22, 1940, under the direction and 323428-42-vol 27-27 402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On October 23, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Elec- tion Report, a copy of which was duly served upon the parties. 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 on eligible list ------------------------ -------- 1,667 Total ballots cast----------------------------------------- 1,610 Total ballots challenged---------------------------------- 4 Total blank ballots----------------------------------------- 4 Total void ballots---------------------------------------- 4 Total valid votes cast ------------------------------------- 1,598 Votes cast for United Cannery, Agricultural , Packing and Allied Workers of America , Local # 194, affiliated with Congress of Industrial Organizations-------------------- 1,139 Votes cast against United Cannery, Agricultural , Packing and Allied Workers of America, Local #194, affiliated with Congress of Industrial Organizations-------------------- 459 Since the four challenged ballots cannot affect the results of the election we find it unnecessary to pass upon the challenges. By virtue of 'and pursuant to the power vested in the National Labor Relations Board by Section -9 (c) of the National Labor Re- lations 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 United Cannery, Agricultural, Packing & Allied Workers of America, Local #194, affiliated with Congress of Industrial , Organizations,, has been designated and selected by a majority of the production , maintenance , service, cafeteria , and ware- house employees of Campbell Soup Company, Chicago, Illinois, ex- clusive of office clerks, plant clerks, powerhouse employees, engineers, watchmen, assistant foremen, assistant foreladies , subforemen, sub- foreladies and all other supervisory employees, as their representa- tive for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Cannery, Agricultural, Packing & Allied Workers of America, Local #194, affiliated with Congress of Industrial Organizations , 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. 27 N. L . R. B.; No 85a. - - -