Balentine Packing Co.

National Labor Relations Board - Board Decisions

Jul 2, 1942

42 N.L.R.B. 15 (N.L.R.B. 1942)

In the Matter of BALENTINE PACKING COMPANY and PACKING HOUSE
WORKERS ORGANIZING COMMITTEE
Case No R-398 -Decided July 2, 194
Jurisdiction : meat products industry
Investigation and Certification of Representatives : existence of question dis
pute as to appropriate unit, election necessary
Unit Appropriate for Collective Bargaining : all pioduction and maintenance
employees, excluding supervisors who have the power to hire and discharge,
or who had such power prior to a specified date, of who spend 80 percent or
mote of their time in superNisory work, salesmen, and clerical employees
Mr D. B Leatherwood, of Greenville, S. C, for the Company.
Mr. Grover Roger Hathaway, of Atlanta, Ga, and Mr John R
Kirby, of Greenville, S C, for the Union
Mr Robert E Tillman, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Packing House `Yorkers Organizing
Committee, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
'Balentine Packing Company, Greenville, South Carolina, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Thomas H
Ramsey, Trial Examiner Said hearing was held at Greenville,
South Caiolma, on June 5, 1942 The Company and the UnionPap-
peared, participated, and were afforded full oppoitunity 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 affirmed.
Upon the entire record in the case, the Board makes the following.
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Balentine Packing Company, is a South Carolina corporation main-
taming its -only plant in Greenville, South, Carolina, where it is
42 N L R B, No 4
15
16 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
engaged in the manufacture of pork and beef products During
the year 1941, the Company used raw materials consisting principally
of livestock, seasoning, paper boxes, and grinder supplies, of a value
of approximately $2,000,000, of which approximately 20 percent by
value came from outside the State of South Carolina During
the same period, the Company sold products of a value of slightly
more than $2,000,000, of which' approxmmtely 21/2 percent in value,
consisting of hides and grease, was shipped outside the State of
South Carolina
II THE ORGANIZATION INVOLVED
Packing House Workers Organizing Committee is a labor organl-
zation affiliated with the Congress of Industrial Organizations. It
admits to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The Union met with the Company in April 1942, and, after stating
that it claimed to represent a majority of the Company's employees,
requested recognition Owing to a dispute over the appropriate unit,`
the Company refused to accord the Union recognition
A statement of the Trial Examiner, introduced in evidence after
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found appropriate 2
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 National
Labor Relations Act
IV THE APPROPRIATE UNIT
The-Union petitioned for a unit of all production and mainte-
nance employees of the Company, excluding supervisory and clerical
employees and salesmen The Company's position is not clear from
the record However, in discussing the possibility of a consent elec-
tion with the Union prior to the institution of this proceeding, the
Company took the position that all of its employees should have
the right to vote At the hearing, it conceded that supervisors having
the power to hire and discharge should be excluded from the appro-
priate unit Hence, the parties are apparently in dispute as to
supervisors who do not have the power to hire and discharge, salesmen
and clerical employees
1 All livestock is purchased in local markets , none is western stock
2 The Trial Examiner stated that the Union had submitted to him 85 authorization
cards, all beaung apparently genuine signatures There are approximately 117 employees
in the unit bereinaftei found appiopriate
BALENTINE PACKING COMPANY 17
Supervisors, Upon the basis of the uncontradicted testimony of
R. Q Glass, sales manager of the Company, we find that the follow-
ing employees have the power to hire and discharge, and we shall
exclude them from the appropriate unit J D Gilraith, superintend-
ent, J C. Mulhey, assistant superintendent, W H Balentine, Jr,
superintendent of maintenance, J H Merritt, day shipping clerk
and foreman of the truck drivers, T B Sanders, night shipping clerk,
R Q Glass, sales manages, and J H Rainey and J. C Rainey.
livestock buyers
The Union would further exclude as supervisory all employees who
are designated by the Company as its representatives to oversee the
work of other employees, whose working time devoted to overseeing
substantially exceeds the time spent by them at production work,
and who have the power to recommend hiring and discharging
The sales manages designated several employees who had the
power to hire and discharge until after the Union's petition was filed
on April 27, 1942, but who have since that date been stripped of such
power by the Company The Company. gave no reasonfor this action,,
and none of the employees affected suffered any reduction in salary
thereby At the present time, the superintendent discusses personnel
problems with them, and they may or may not make recommendations
Apparently some of these employees may still discharge unskilled em-
ployees, but they are only permitted to recommend the dischaige of
skilled employees All these employees are engaged at least 80 per-
cent of the time in work of a supervisory nature, working with
productson employees no more than 20 percent of the time
In view of all the cii cumstances, we shall exclude from the appi o-
piiate unit all supervisors who have the Bower to hire and discharge,
of who had such power pi for to Apr Il 27, 1942, or who are engaged
80 percent or more of their time in supervisory work 4
Salesmen: The Company employs 15 non-supervisory salesmen
Although 3 of the salesmen make deliveries in addition to soliciting
orders, and thus engage in work comparable to that of truck drivers
who are included in the unit, all are paid either on a commission or
a salary basis and all are ineligible to membership in the Union
The Union has not attempted to organize them We shall exclude
the Company's salesmen from the unit
Clerical employees: The Union, likewise, would exclude clerical
employees, plant or office, because they are not eligible to.membership
in the-Union Inasmuch as clerical employees are customarily ex-
The Union admits gang leaders to membership, and would include them in the unit
* Included in this category are Fied Bips, Ji , foreman of the killing room, W A Mitchell,
foreman of the cutting loom, W I Dubois, foreman of the curing room, W F Gray,
engineer in charge of mechanics, W A Biown, garage foreman, Mrs J W Giliaith,
forelady of the bacon department, and Pied Bips, Sr , foreman of the sausage department
472814-42-\ of 42--2
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluded from production and maintenance units, we shall exclude
clerical employees from the unit found appropriate hereinafter
We find that all production and maintenance employees of the
Company, excluding supervisors who have the power to hire and
dischaige, or who had such power prior to April 27, 1942, or who
spend 80 percent or more of their time in supervisory work, salesmen,
and clerical employees, 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 conceining 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-i oil period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth therein.
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
DrRFCTED that , as part of the investigation to asceratin iepresenta-
tives for the purposes of collective bargaining with Balentine Pack-
ing Company , Greenville , South Caiolina , 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 Tenth Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations,
among all employees of the Company in the unit found appropriate
in Section IV, above,' who were employed during the pay-roll period
immedaitely preceding ' the date of this Direction , including em-
ployees who did not' work during such payroll period because they
were ill or on vacation or in the active military service or training
of the United States , or temporarily laid off, but excluding those em-
ployees who have since quit or been discharged for cause , to determine
whether or not they desire to be represented by Packing House
Workers Organizing Committee , for the purposes of collective
bar gaining