A. Russo & Co.

National Labor Relations Board - Board Decisions

Oct 29, 1943

53 N.L.R.B. 228 (N.L.R.B. 1943)

In the Matter of A. Russo & Co. and UNITED BAKERY & CON-
FECTIONERY WORKERS UNION, LOCAL 15, OF THE U. R. W. &
D. S. E. A., CIO
Case No. 13-R-2018.-Decided October, 29, 19143
Tannenbaum, Polikoff cC Schmidt, by Mr. John B. Schmidt, of
Chicago, Ill., for the Company.
Caroline S. Muller and Sandra G. Slotkin, of Chicago, Ill., for the
Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Bakery & Confectionery Work-
ers Union, Local 15, of the U. R. W. & D. S. E. A., CIO, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of A. Russo & Co.,
Chicago, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert T. Drake, Trial Examiner. Said hearing was held at
Chicago, Illinois, on October 19, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby af-
firmed. All parties were afforded opportunity to file briefs with the
Board.
Upon the entire record in the case, the Board makes the following :
0
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
A. Russo & Co. is an Illinois corporation with its principal place
of business at Chicago, Illinois, where it is engaged in the manufac-
53 N. L. R. B., No. 46.'
228
A. RUSSO & co. 229
ture and sale of macaroni and noodles. During the 9-month period
ending October 1, 1943, the Company purchased materials valued at
about $180,000, approximately 80 percent of which was shipped to it
from points outside the State of Illinois. During the same period
the Company produced products valued at about $270,000, approxi-
mately 10 percent of which was shipped to points outside the State of
Illinois. We find, contrary to the contentions of the Company, that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Bakery & Confectionery Workers Union, Local 15, of the
U. R. W. & D. S. E. A., is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 26, 1943, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
A statement of the Trial Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to-be appropriate.,
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, excluding foremen, the watchman, truck drivers, the
shipping clerk, clerical employees, and working foreladies, constitute
an appropriate unit. The only controversy with respect to the unit
concerns working foreladies.
Lena Santarelli and May Vainisi are classified by the Company
as packers, but the Unioli claims that they are working foreladies.
The Union would exclude them from the unit and the Company would
include them. It appears that such employees lay out the work for
from 15 to 25 packers and route the work coming into and out of the
packing room. In June 1943, Vainisi discharged one of the packers
for insubordination. The record is clear that Vainisi and Santarelli
1 The Trial Examiner reported that the Union presented 36 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of October 18, 1943. There are approximately 48 employees in the appropriate
unit '
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
perform the same duties. Under the circumstances, we shall exclude
them from the unit.
We find that all production and maintenance employees of the
Company, excluding the watchman, truck drivers, the shipping clerk,
clerical employees, foremen, foreladies (Lena Santarelli and May
Vainisi), and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
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 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is'
hereby
DIRECTED that, as part. of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. Russo & Co.,
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,
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not, work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since .quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented
by United Bakery & Confectionery Workers Union, Local 15, of the
U. R. W. & D. S. E. A., CIO, for the purposes of collective bargaining.