Hygrade Food Products Corp.

In the Matter of HYGRADE FOOD PRODUCTS CORP. and UNITED PRESERVED FISH AND FOOD PACKERS UNION, LOCAL 105, C. I. O. Case No. R-3P 4.Decided December 5, 1941 Jurisdiction : cheese and related products industry. Investigation and Certification of Representatives : existence of question: re- fusal to bargain collectively with petitioning union, unless certified by the Board, because of rival union; name of union not,appearing at hearing, but found to have a substantial interest in the proceeding ordered to be placed on ballot, with leave to withdraw upon filing request within five days ; election necessary. Unit appropriate for Collective Bargaining : all production employees, Tuggers, checkers, strippers, kettlemen, nailers, sealers, box liners, blenders, porters, strappers, laboratory workers, and shipping and maintenance employees in the First Avenue, New York City, plant of the Company, exclusive of the superin- tendent and plant engineer; agreement as to. Mr. Harold Wisan, of New York City, for the. Company. Mr. Armando Ramirez, of New York City, for the C. I. O. Mr. Gerard J. Manack, of counsel to the Board. DECISION AND DIRECTION ' OF ELECTION STATEMENT OF THE CASE On September 17, 1941, United Preserved Fish and Food Packers Union, Local 105, affiliated with the C. I. 0., herein called the C. L 0., filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen conce;ring the representation of employees of Hygrade Food Products Corp, New York City; herein called the Company, and re- questing 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 October 11, 1941, the National Labor Re- lations 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 in- vestigation and authorized,the Regional Director to conduct it and to provide for an appropriate hearing upon due'notice. 37 'N L 13 B , No 48 305 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On October 14, 1911 , the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, upon the C. I. 0., and upon Dairy Products Employees Union , Local 21888, affiliated with the A . F. of L., herein called the A . F. of L., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on October 27, 1941 , at New York City, before William T. Little, the Trial Examiner duly designated by the Chief Trial Examiner . The Company was represented by counsel and the C. I. O. by its representative; both participated in the hearing.' Full opportunity 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 various rulings on motions and objections to the admission of evidence . The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. Upon the, entire record in the case, the Board makes the follow- ing : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Hygrade Food Products Corp. is a New York corporation with its principal office in New York City. It maintains and operates several plants, one of which is located at 624 First Avenue, New York City, herein called the First Avenue plant, where the Com- pany is engaged in the manufacture, processing, sale, and distribu- tion of cheese and related products. The First Avenue plant is the only plant involved in this proceeding. During the period from January 1941 through August 1941 the Company purchased and used in its operations at this plant materials valued at approxi- mately $850,000, of which approximately 90 per cent were obtained from outside the State of New York. During the same period, the Company shipped finished products from the plant amounting to approximately $1,000,000, of which approximately 50 per cent were shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the Act. If. THE ORGANIZATIONS INVOLVED United Preserved Fish and Food Packers Union, Local 105, affili- ated with the Q. I. 0., is a labor organization admitting to member- ship employees of the Company's First Avenue plant. ' The A. F. of L. did not appear at the hearing. HYGRADD FOOD PRODUCTS CORP. 3O7 Dairy Products Employees Union, Local 21888, affiliated with the A. F. of L., is a labor organization admitting to membership em- ployees of the Company's First Avenue plant. III. THE QUESTION CONCERNING REPRESENTATION By registered letter dated September 16, 1940, addressed to the Company, the C. I. O. asserted its representation of a majority of the employees of the Company's First Avenue plant, and requested a con- ference to be held on September 17, 1940, for the purpose of nego- tiating a collective bargaining agreement. The Company received the letter on September 17, 1940, and immediately arranged by telephone for a conference with the C. I. O. On the same day, how- ever, the C. I. O. filed its petition with the'Board. Subsequently, on September 22, 1941, at a conference attended by the Company, the C. I. 0., and an attorney for the Board, the Company main- tained that inasmuch as the A. F. of L. was also involved,2 it was in no position to bargain collectively unless the Board certified a representative. At the hearing, the Company and the C. I. O. stipu- lated that a, question concerning representation of the Company's employees had arisen. A statement prepared by the Regional Director and introduced into evidence at the hearing discloses that the C. I. O. and the A. F. of L. each represent a substantial number of employees in the appropriate unit.3 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNTNG 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. I The A. F of L., although notified, did not appear at the conference 3 The C. I 0 submitted 25 authorization and application -for-membership cards, dated from September 4, 1941, to and including September 15, 1941, of which 23 bear signa- tures appearing to be genuine, original signatures , and all of which are names appearing on the Company's pay roll for the appropriate unit for the week ending September 27, 1941, which contains 35 names The A F of L submitted 25 application-for-membership cards, of which 19. are dated September 15, 1941, 5 dated September 17, 1941, and 1 un- dated All bear signatures appearing to be genuine, oiigmal signatures , 24 of which aie names appearing on the said pay roll of the Company. 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROPRIATE UNIT We find, in accorctance with a stipulation entered into by the Com- pany and the C. I. O. at the hearing, that all production employees, luggers, checkers, strippers, kettlemen. nailers, sealers, box liners, blenders, porters, strappers, labora,ioryvvorkers, and shipping and maintenance employees employed by the Company at its First Avenue, New York City, plant, exclusive of the superlnteiideiit and the plant engineer, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. TIIE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of all election by secret ballot. Not- withstanding the failure of the A. F. of L. to appear at the hearing or to request a place on the ballot, we shall accord to it a place on the ballot, inasmuch as the record clearly discloses its substantial interest in this proceeding." However, the A. F. of L. will be permitted to withdraw from the ballot upon filing a written request to that effect with the Regional Director for the Second Region within five (5) days from the date of this Decision and Direction of Election. Although the C. I. O. requested that the pay roll of October 28, 1941, be used to determine eligibility to vote in the election, Ave find no suffi- cient reason for departing from our usual practice. We shall accord- ingly direct that the employees eligible to vote shall be those employed ,by the Company in the appropriate unit during the pay roll period immediately preceding the date of this Direction of Election, subject to the limitations and additions 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 L.\^\ 1. A question affecting commerce has arisen concerning the repre- sentation of employees at the First, Avenue, New York City, plant of Hygrade Food Products Corp. within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. * At the hearing , reference was made to a complaint proceeding pending before the Board involving the Company and the A F of L. The Board's records (Matter of Hygrade Food Products Corporation and Davy Products Employees Union, Local No. 21888, No C-1931) reveal that the Company was charged with the commission of unfair labor practices by the A F of L The case has now been closed after compliance by the Company with the Intermediate Report of the Trial Examiner HYGRADE FOOD PRODUCTS CORP . 309 2. All production employees, luggers, checkers, strippers, kettlemen, nailers, sealers, box liners, blenders, porters, strappers, laboratory workers, and shipping and maintenance employees, exclusive of the superintendent and the plant engineer, constitute a unit appropriate for, the purposes-of collective bargaining-within the meaning of Sec-i tion 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, 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 DUCTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Hygrade Food Products Corp., New York City, an- election by secret ballot shall be conducted as early, as possible, but not later than thirty (30) days after the date of this Direction of Election, under the direction and supervision of the Regional Director for the Second 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 employees, luggers, checkers, strip- pers, kettlemen, nailers, sealers, box liners, blenders, porters, strappers, laboratory workers, and shipping and maintenance employees who were employed' in the First Avenue, New York City,. plant of the Company during the pay-roll period immediately preceding the date of this Direction of Election, including employees 'who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tem- porarily laid off, but excluding the superintendent and the plant engi- neer, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Pre- served Fish and Food Packers Union, Local 105, C. I. 0., or by Dairy Products Union, Local 21888, A. F. of L., for the purposes of collective bargaining, or by neither. 433257-42-von. 37-21