H. J. Heinz Co.

In the Matter of H. J. HEINZ COMPANY, SHARPSBURG BRANCH and CANNING AND PICKLE WORKERS LOCAL UNION No. 325, AFFILIATED WITH THE A. F. L. Case No. B-2888.-Decided August 28, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. Robert M. Gates, for the Board. Mr. F. A. Higerd, of Sharpsburg, Pa., for the Company. Mr. Frank P. Novak, of Pittsburgh, Pa., for the Union. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 10, 1941, Canning and Pickle Workers Local Union No. 325', affiliated with the A. F. L.,. herein called the Union, filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsyl- vania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of H. J. Heinz Company, Sharpsburg Branch, Sharpsburg, Pennsylvania, herein called the Company, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 24, 1941, 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 Regula- tions-Series 2, as amended, ordered an investigation and authorized the Regional Director to, conduct it and to provide for an appro- priate hearing upon due notice. On August 6, 1941, the Company, the Union, and the Acting Regional Director entered into a "STIPU- LATION FOR CERTIFICATION UPON CONSENT ELEC- TION." Pursuant to the stipulation an election by secret ballot was con- ducted on August 7, 1941, under the direction and supervision of the 35 N. L. R. B., No. 10. 39 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Acting Regional Director, among all production and maintenance employees and watchmen at the Company's Sharpsburg Branch, ex- cluding outside truck drivers, supervisors, clerical and office workers, to determine whether or not said employees desired to be represented by the Union for the purposes of collective bargaining. On August- 8, 1941, the Acting Regional Director issued an Election Report, copies of which were duly served upon the parties. No objections to the conduct of the balloting or the Election Report have been filed by any of the parties. As to the balloting and the results thereof the Acting Regional Director reported as follows : : Total on eligibility list______________________________________ 79 Total ballots cast___________________________________________ 71 Total ballots challenged_____________________________________ 0 Total blank ballots ------------- ---------------------------- 0 Total void ballots__________________________________________ 0 Total valid votes cast______________________________________ 71 Votes cast for Canning and Pickle Workers Local Union No. 325, affiliated with the A. F. L__________________________ 57 Votes cast against Canning and Pickle Workers Local Union No. 325, affiliated with the A. F. L_________________________ 14 Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of H. J. Heinz Company, Sharpsburg Branch, Sharpsburg, Pennsylvania, 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 and watchmen of the Company's Sharpsburg Branch, excluding outside truck drivers, supervisors, clerical and office workers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Sec- tion 9 (b) of the National Labor Relations Act. 3. Canning and Pickle Workers Local Union No. 325, affiliated with the A. F. L., has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all the employees in said unit, within the meaning of Section 9 (a) of the National Labor Relations Act. H. J. HEINZ COMPANY 41 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 Rela- tions Act IT IS HEREBY CERTIFIED that Canning and Pickle Workers Local Union No. 325, affiliated with the A. F. L., has been designated and selected by a majority of all production and maintenance employees and watchmen of H. J. Heinz Company, Sharpsburg Branch, Sharps- burg, Pennsylvania, excluding outside truck drivers, supervisors, clerical and office workers, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Canning and Pickle Workers Local Union No. 325, affiliated with the A. F. 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.