Campbell Soup Co.

I In the Matter of CAMPBELL SOUP COMPANY, CAMDEN, NEW JERSEY PLANTS and UNITED CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF AMERICA- LOCAL 80, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-0161.-Decided December 12,1949 Jurisdiction : soup and other food products manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal to accord recognition to union and request that certification be obtained ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance employees, including inside truck drivers and pushers, but excluding manage- ment employees, office, clerical employees , factory clerical employees , engineers, firemen, all supervisory employees above the rank of pusher , watchmen and timekeepers. Mr. Charles A. Wolfe, of Philadelphia, Pa., for the Company. Mr. Saul C. Waldbaum, of Philadelphia, Pa., and Mr. Abraham Greenberg, of Camden, N. J., for the United. Mr. Frank F. Neutze, of Camden, N. J., for the Independent. Mr. Eugene M. Purver, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 28, 1940, United Cannery, Agricultural, Packing and Allied Workers of America, Local 80, affiliated with the Congress of Industrial' Organizations, herein called the United, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsyl- vania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Campbell Soup Company, Camden, New Jersey, plants, Camden, New Jersey, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act,` 49 Stat. 449, herein called the Act. On November 6, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c)' of the Act and Article III, Section 3, 28 N. L. R. B., No 78. 514 CAMPBELL SOUP COMPANY 515 of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and provide for an appropriate hearing upon due notice. On November 13, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, and • Campbell Soup Workers Independent Union, Local No. 1, herein called the Independent, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on November 20, 1940, at Camden, New Jersey, before Jerome I. Macht, the Trial Examiner duly designated by the Board. At the commencement of the hearing, the Trial Exam- iner granted a motion by the Independent to intervene in the proceed- ings. The Company, the United, and the Independent were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon 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: Pursuant to request therefor by the Company and the Independent and notice thereof duly served upon all the parties, a hearing was held before the Board at Washington, D. C., on December 5, 1940, for the purpose of oral argument. The Company, the United, 'and the ,Independent were represented by counsel and participated in the argument. - Pursuant to leave granted by the Board to all parties, the Company and the Independent filed briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Campbell Soup Company is a New-Jersey corporation, having its principal office and place of business in Camden, New .Jersey, where it is engaged in one integrated plant in preparing, canning, packing, and distributing soups and other food products. Approximately 90 per cent of the materials used by the Company in its Camden plant originate outside the State of New Jersey and -approximately 90 per cent of the products of the Company's Camden plant are distributed by the Company to States other than New Jersey. The annual value of such materials and products is respectively in excess of $1,000,000. 413597-42-vol 28--34 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED United Cannery, Agricultural, Packing and Allied Workers of America, Local 80, affiliated with the Congress of Industrial Organi- zations, is a labor organization admitting to membership employees of the Company at its Camden, New Jersey, plant, excluding time- keepers, watchmen, and employees in managerial capacity. Campbell Soup Workers Independent Union, Local No. 1, is an unaffiliated labor organization admitting to membership employees of the Company at its Camden, New.Jersey, plant. M. THE QUESTION CONCERNING REPRESENTATION From 1938 to the present time the Company has bargained with the Independent regarding wages, hours, vacations, and other work- ing conditions. Prior to the filing of the petition herein the United sought recognition as the exclusive bargaining agent of employees of the Company. The Company, however, refused to recognize the United-as such in the absence of its certification by the Board. At the hearing, the Company, the United, and the Independent agreed that of "a substantial number of employees whose names appear on the cards submitted by both unions and on the documents sub- mitted by the C. I. O. union, a substantial number of their names also appears on the payroll record of the company, for the, week ending Nov. 3, 1940,", and that both unions claim to 'represent, a substantial number, of employees on the ,Company's pay roll for the week ending November 3, 1940.1 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. 'At the hearing, the Independent and the United presented to the Trial Examiner 1,900 and 1,475 membership cards, respectively, purporting to be signed by employees within the unit found below to be appropriate for the purposes of collective bargaining. In addition. the United presented to the Trial Examiner a petition designating the United as their collective bargaining agent purporting to be signed by 812 employees within the appropriate unit. It appears from the United's petition herein that there are approximately 2,300 employees in the appropriate unit CAMPBELL SOUP COMPANY 517 V. THE APPROPRIATE UNIT At the hearing the parties agreed that the unit appropriate for the purposes of collective bargaining consists of all production and maintenance employees at the Camden plant, including inside truck drivers and pushers, but excluding management employees, office cleri- cal employees, factory clerical employees, engineers, firemen, and all supervisory employees above the rank of pusher.. The United and the Independent disagree as to whether watchmen and certain time- keepers should be included in the unit. There are approximately 60 watchmen. The United seeks to ex- clude them from the unit, contending that their interests are more closely related to those of the Company than to those of the other employees. As stated above, the United does not admit watchmen to membership. The Independent wishes to include the watchmen in the unit, contending that they perform duties that bring them in con- tact with production "over and above watching." While the Inde- pendent admits the watchmen to its membership, it has not solicited them to join and none are members at the present time. It appears that watchmen, in addition to plant protection, have some minor production duties, and that they are paid on an hourly basis. Under the circumstances, we shall exclude the watchmen from the unit. There are approximately 70 timekeepers. The United seeks to exclude them from the unit, contending that they act in,a supervisory capacity. As stated above, the United does not admit the timekeepers to membership. The Independent wishes to include hourly paid timekeepers in the unit, contending that they aid in production in a non-supervisory capacity, but agrees with the United that salaried timekeepers should be excluded. As in the case of the watchmen, the Independent admits timekeepers to membership but has not solicited them to join and none are members at the present time. Timekeepers do no manual labor and engage in no production work while checking time. Under the circumstances, we shall exclude the timekeepers from the unit. We find that all production and maintenance employees of the Company at its Camden plant, including inside truck drivers and pushers, but excluding management employees , office clerical em- ployees, factory clerical employees, engineers, firemen, all supervisory employees above the rank of pusher, watchmen, and timekeepers, con- stitute 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 and otherwise effectuate the policies of the Act. 518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company, can best be resolved by an election by secret ballot. , At the hearing the parties agreed that eligibility to vote in the election should be determined by the pay roll for the week ending November 3, 1940. We construe the agreement to include as eligible .to vote those employees whose names do not appear upon the pay roll because they were ill or on vacation and those who were then or have since been temporarily laid off ; and to exclude those who have since quit or been discharged for cause. As thus construed, we see no reason to depart from the wishes of the parties, and we shall direct accordingly. 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 i 1. A question affecting commerce, has arisen concerning the repre- sentation, of employees of Campbell Soup Company at its Camden, ,New Jersey, plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its Camden; New Jersey, plant, including inside truck drivers and pushers, but excluding management employees, office clerical em- ployees, factory clerical employees, engineers, firemen, all supervisory employees above the rank of pusher, watchmen, and timekeepers, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the 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 . I DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Campbell Soup Company at its Camden, New Jersey, plant, 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 of Election,, under the direction and supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National CAMPBELL SOUP COMPANY 519 Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance' em- ployees of the Company, at its Camden, New Jersey, plant, whose names appear upon the pay roll of the Company for the week ending November 3, 1940, including inside truck drivers, pushers, employees whose names do not appear upon said pay roll because they were ill or on vacation, and employees who where then or have since been temporarily, laid off, but excluding management employees, office clerical employees, factory clerical employees, engineers, firemen, all supervisory employees above the rank of pusher, watchmen, time- keepers, and those who have since quit or been discharged for cause, to determine whether they desire'to be represented by United Cannery, Agricultural, Packing and Allied Workers of America, Local 80, affiliated with the Congress of Industrial Organizations, or by Campbell Soup Workers Independent Union, Local No. 1, for the purposes of collective bargaining, or by neither. CHAIRMAN HARRY A. Mniis took no part in the consideration of the^above Decision and Direction of Election.