J. R. Watkins Co. of Delaware

In the Matter of J. R. WATKINS COMPANY OF DELAWARE AND J. R. WATKINS COMPANY OF MARYLAND and UNITED CANNERY, AGRICUL- TURAL, PACKING AND ALLIED WORKERS OF AMERICA Case No. R-0137.-Decided November 27, 1940 Jurisdiction : drug, cosmetic, and food product manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union and request that certification be obtained ; election necessary. " Unit Appropriate for Collective Bargaining Production, maintenance, and shipping room employees, (excluding super- visory and office employees) employed by either or both Companies held appropriate in view of the close functional relationship between the opera- tions of both Companies, the single management over such operations, and the joint use of the same premises, and in view of the fact that the Com- panies raised no objection to the proposed single unit. Mr. John T. Shea, of Memphis, Tenn., for the Company. - Mr. Robert`E. Himmaugh, of Memphis, Tenn., for the,Union. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 21, 1940, United Cannery, Agricultural, Packing and Allied Workers of America, herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia), it peti- tion, which' it thereafter amended at the hearing mentioned below, alleging that a question affecting commerce had arisen concerning the representation of employees of J. R. Watkins Company of Delaware, Memphis, Tennessee, herein called the Delaware Company, and of J. R. Watkins Company of Maryland, Memphis, Tennessee, herein called the Maryland Company, and herein collectively referred to as the Companies,' and requesting an investigation and certification of 'The Companies were designated in the petition and in ' the • other formal papers as "J. R. Watkins Company " In accordance with a motion made at the hearing, which we heieinafter grant, the caption of the case has been changed to read as above, and, the petition and other formal papers amended in like manner - 28 'N L., R B.,-No. 23 , i 145. "" 146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD representatives pursuant to Section 9 '(c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On' October 24 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 amended , ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 28 the Regional Director issued a notice of hearing, copies of which were duly served upon the Companies , and upon the Union. Pursuant to the notice a hearing was held on November 8 at Memphis, Tennessee , before Alexander E. Wilson, Jr., the Trial Ex- aminer duly designated by the Board. The Companies were .repre- sented by counsel, the Union by its representative , and all 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. At the beginning of the hearing the, Union moved to amend the petition and other formal papers in certain respects. The Companies did not object to the motion and stated for the record that proper service had been had upon them. The motions are hereby granted. During the course of the hearing the Trial Examiner made various rulings on other 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 1. THE BUSINESS OF THE COMPANIES J. R. Watkins Company of Maryland is a Maryland corporation engaged in the manufacture of medicines, cosmetics, and food prod- ucts. J. R. Watkins Company of Delaware is a Delaware corpora- tion engaged in- shipping and selling the products manufactured by the Maryland Company. The home office of both Companies is in Winona, Minnesota . The Maryland Company maintains a plant in Memphis, Tennessee, upon premises also occupied and used by the Delaware Company.. There is no physical separation in the space devoted to the activities there carried on by the Companies. A single operating manager is in charge of the operations of both Companies. This proceeding concerns employees of the Companies at work in the plant at Memphis. In the course of manufacturing operations at the Memphis plant, the Maryland Company uses various raw materials including spices, J. R. WATKINS COMPANY 147 extracts, drugs, and packing material. Approximately 90 per cent of the raw materials thus used are regularly purchased-and shipped to the plant from outside the State of Tennessee. The Companies main- tain for distribution at the Memphis plant not only the finished products there manufactured by the Maryland Company but also finished products shipped there from other plants also operated by the Maryland Company, such other plants being located elsewhere and not herein involved. Approximately 87 per cent of all such finished products, amounting to over $1,000,000 annually, are sold and shipped from the. Memphis plant by the Delaware Company to customers outside of Tennessee. II. THE ORGANIZATION INVOLVED . United Cannery, Agricultural,. Packing and Allied Workers of America is a labor organization affiliated with Congress of Industrial Organizations, admitting to membership production, maintenance, and shipping-room employees of the Companies in the plant at Memphis, Tennessee, exclusive of supervisory and office employees. III. THE QUESTION CONCERNING, REPRESENTATION On or about October 10, 1940, the Union requested the Companies to recognize it as the statutory representative of employees at the Memphis plant. The Companies refused this request unless and until the Union had been certified as such representative by the Board. At the hearing the Trial Examiner reported and stated for the pur- poses of the record that a substantial number of employees of the Companies within the unit hereinafter found to be appropriate had applied for membership in the Union and designated it as their col- lective bargaining agency in all matters pertaining to pay rates, wages, hours of employment, and other conditions of employment.2- We find that a question has arisen concerning the representation of employees of the Companies. 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 Companies described in Section •I above, has a close, intimate, and substantial relation to' trade, traffic, and commerce among the several States and 'The Trial Examiner reported that 57 of 78 employees on the November 2, 1940, pay roll of the Maryland Company for the Memphis plant, and 28 of 33 employees on the November 2- 1940, pay,roil of the Delaware Company for that plant, signed cards making such application and designation. - 413597-42-vol 28-11 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tends' to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union claims that. all production, maintenance, and shipping- room employees at the Memphis plant, whether employed by either or both Companies, excluding supervisory and office employees, con- stitute a single unit appropriate for the purposes of collective bargain- ing with the Companies. The Companies take no position concerning the unit thus claimed to be appropriate. In view of the facts set forth in Section I above establishing the close functional relationship between the operations of both Companies at the Memphis plant, the single management over such-operations, and the joint use of the same premises, and in view of the fact that no objection is here raised by the Companies to the proposed single unit, we see no reason for not finding such a unit' appropriate. Accordingly we find that all production, maintenance,, and shipping-room employees at the Mem- phis plant whether employed by either or both Companies, excluding supervisory and office employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit -will insure to said employees of the Companies 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 the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. We shall use as the date -for determining eligibility of em- ployees to vote the pay-roll period next-preceding the date of the Direction of Election, subject to such limitations and additions as are set forth in the, Direction. 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, J. R. Watkins Company of Delaware, Memphis, Tennessee, and J. R. Watkins 'Company of Maryland, Memphis,- Tennessee, employed at the plant at Memphis, Tennessee, within the meaning of Section 9 (c) and Section 2 ( 6) and (7) of the National Labor Relations Act. 2. All production, maintenance; and shipping=room employees at the Memphis plant, whether employed by either or both Companies; J. R. WATKINS coMPANY 149 excluding supervisory and office employees, constitute a unit appro- priate 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby - DIREC n that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with J. R.. Watkins Company of Delaware, Memphis, Tennessee, and J. R. Watkins Company of Maryland, Memphis, Tennessee, an elec- tion by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Elec- tion, under the direction and supervision of the Regional Director for the Tenth 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 all production, maintenance, and shipping-room employees at the plant in Memphis, Tennessee, owned, operated, or used by said Companies, whether such employees be employed by either or both said Companies, who were employed dur- ing the pay-roll period next preceding the date of this Direction; including employees who did not work during such pay-roll period because they were ill or on vacation and who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause, and also excluding supervisory and office employees, to determine whether or not they desire to be repre- sented by United Cannery, Agricultural, Packing and Allied Workers of America, affiliated with Congress of Industrial Organizations, for the purposes of collective bargaining. CH i ninx HARRY A. MILLIS took no part in the consideration of the above Decision and,Direction of Election.