American Tobacco Co.

National Labor Relations Board - Board Decisions

Jul 13, 1943

51 N.L.R.B. 308 (N.L.R.B. 1943)

In the Matter of AMERICAN; TOBACCO COMPANY and TOBACCO WORKERS
ORGANIZING COMMITTEE, AFFILIATED WITH THE UNITED CANNERY,
AGRICULTURAL, PACKING AND ALLIED WORKERS OF AMERICA-CIO
Case No. R-5568.-Decided July 13, 1943
Messrs. Edward K. Pritchard and H. F. McGinnis, of Charleston,
S. C., for the Company.
Mr. Ed. McCrea, of Charleston, S. C., for the Tobacco Workers.
Messrs. James Coles, and E. L. Harrington, of Charleston, S. C. ,
for the Cigar Makers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Tobacco Workers Organizing Com-
mittee, affiliated with the United Cannery, Agricultural, Packing and
Allied Workers of America-CIO, herein called the Tobacco Workers,
alleging that a question affecting commerce had arisen concerning
the representation of employees of American Tobacco Company,
Charleston, South Carolina, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Mortimer H. Freeman, Trial Examiner. Said
hearing was held at Charleston, South Carolina, on June 21, 1943.
The Company, the Tobacco Workers, and Local Union 181 of the
Cigar Makers International Union of America, affiliated with the
American Federation of Labor, herein called the Cigar Makers,
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 nearing are free from prejudicial error and are hereby affirmed.
The Tobacco Workers made a motion at the hearing to exclude
mechanics and teachers from the appropriate unit. Ruling was re-
served to the Board. The motion is denied for reasons hereinafter
set forth.
51 N. L. R. B., No. 63.
AMERICAN TOBACCO COMPANY 309
All parties were afforded opportunity to file 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
American Tobacco Company, a New Jersey corporation, is engaged
in'the manufacture, sale, and distribution of cigars. It operates five
plants variously situated at Philadelphia and Scranton, Pennsylvania;
Louisville, Kentucky; Trenton, New Jersey; and Charleston, South
Carolina. We are alone concerned with the Charleston plant in this
proceeding. During the year 1942 the Company purchased raw ma-
terials of an approximate value of $5,120,000, consisting of leaf to-
bacco, lumber, paper, and printing and supplies, of which about 95
percent was shipped from points outside the State of South Carolina.
During the same period the Company sold finished products of an
approximate value of $8,400,000, manufactured at its Charleston plant,
of which 95 percent was shipped to points outside the State of South
Carolina.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Tobacco Workers Organizing Committee, affiliated with the United
Cannery, Agricultural, Packing and Allied Workers of America, is
a labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
Local Union 181 of the Cigar Makers International Union of Amer-
ica is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated May 18, 1943, the Tobacco Workers requested rec-
ognition of the Company as exclusive bargaining representative of the
Company's production employees. The Company refused recognition
unless and until the Tobacco Workers is certified as such by the Board.
A statement of the Field Examiner, introduced in evidence at the
hearing, and a statement of the Trial Examiner made at the hearing,
indicate that the Tobacco Workers and the Cigar Makers each repre-
sents a substantial number of employees in the unit hereinafter found
appropriate.'
' The Field Examiner reported that the Tobacco workers submitted 1,226 designations of
which 596, bearing apparently genuine original signatures, correspond with names on the
Company's pay roll of May 22, 1943, containing 1,999 names . The Trial Examiner re-
310 DECISIONS OF NATIONAL LABOR REiLArTIONIS BOARD
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Tobacco Workers claims as appropriate for collective bargain-
ing a unit composed of those of the Company's production employees,
who are engaged in preparing the tobacco, making the cigars, boxing,
packing, and shipping, with the exception of watchmen, clerical em-
ployees, mechanics, teachers, and employees in a supervisory capacity.
The Cigar Makers' position differs from that of the Tobacco Workers
in that it desires the inclusion of teachers and mechanics and the ex-
clusion of the box makers and the shipping employees. The Company
contends a production and maintenance unit is appropriate excluding
only supervisory and clerical employees and the watchmen. Thus, the
controversy relates to the mechanics, teachers, and employees of the
box department and shipping room. The merits of the various con-
tentions will be discussed below.
The teachers have been taken from the production ranks where they
were engaged in piece work and receive 95 cents per thousand cigars.
They averaged $27 to $30 per week while engaged in production.
When appointed as teachers they receive a pay scale of 60 cents per
hour. Their teaching duties are confined solely to beginners who are
employed at a wage of 40 cents per hour. These apprentices do not
go on piece work until their production, based on 95 cents per thou-
sand cigars, exceeds the minimum pay scale of 40 cents per hour.
During this period of learning the teachers turn out 50 percent of
the production from the learner machines and devote 50 percent of
their time to working with their hands. When a learner cannot make
the necessary piece-work quota after a 6-week training period, they
usually leave the Company's employ of their own volition, which
obviates recommendations as to their proficiency from the teachers.
The teachers do not receive any special privileges by virtue of their
change in position nor do they have authority to hire and discharge
or effectively to recommend changes in employees' status. From the
foregoing it is clear that teachers do not have supervisory authority.
Accordingly, we shall include. them within the unit.
Mechanics adjust, maintain, and repair the production machines.
Although they are maintenance employees, their duties are closely
allied to production since they must have a detailed knowledge of
ported that the Tobacco Workers submitted 91 additional designations which were not
checked
The Trial- Examiner also reported that the Cigar Makers submitted 447 designations of
which 244, bearing apparently genuine original signatures , correspond with names on the
1 aforesaid pay roll.
AMERICAN TOBACCO COMPANY 311
tobacco, the type of leaf, and its condition, texture, and grade, in
order to make adjustments on the machines. Accordingly, we shall'
include them in the unit.
The box department produces not only the boxes used for packing
cigars made in the Charleston plant, but it also manufactures some
boxes for use at the Company's other plants. The Cigar Makers urges
that for this reason the box department employees should be excluded.
This contention is without merit and we shall accordingly include
them.
The shipping room performs the functions usually associated with
such a designation. The Cigar Makers claims that the shipping room
employees should be excluded as not being engaged in the production
of cigars. This contention applies with equal force to the employees
of the box department whom we have included in the unit. We shall
include the shipping room employees.
Accordingly, we find that all production employees at they Com-
pany's Charleston plant engaged in preparing the tobacco and mak-
ing, cellophane wrapping, packing and inspection the cigars, including
mechanics, teachers, shipping room, and box department employees,
but excluding watchmen, clerical employees, foremen, 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 an appropriate unit 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 an election by secret ballot among the em-
ployees within 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 American Tobacco
Company, Charleston, South Carolina, an election by secret ballot
312 DECISIONS OF NATIONAL LABOR RELAfIIONS BOARD
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision 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 10, of said Rules and Regulations, among the
employees 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by Tobacco Workers
Organizing Committee, affiliated with the United Cannery, Agricul-
tural, Packing and Allied Workers of America, affiliated with the
Congress of Industrial Organizations, or by Local Union 181 of the
Cigar Makers International Union of America, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.