California Consumers Corp.

National Labor Relations Board - Board Decisions

Apr 25, 1945

61 N.L.R.B. 710 (N.L.R.B. 1945)

In the Matter Of CALIFORNIA CONSUMERS CORPORATION and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS, LOCAL 63, A. F. L.
Case No. 01-R-0581.-Decided April 2J, 194,5
Messrs. R. M. Hagen-and E. D. Sims, of Los Angeles, Calif., for the
Company.
Mr. Charles C. King, of Los Angeles, Calif., for the Union.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers, Local 63, A. F. L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of California Consumers Corporation, Pasadena, Cali-
fornia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
William T. Whitsett, Trial Examiner. Said hearing was held at Los
Angeles, California, on February 28, 1945. The Company and the
Union appeared and participated. All parties 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 affirmed. All parties were afforded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
California Consumers Corporation, a California corporation, oper-
ates a plant in Pasadena, California, where it manufactures ice and
preserves perishable foods by freezing and refrigerated storage. Dur-
ing the fiscal year ending September 30, 1944, the Company, at its
61 N. L. R. B., No. 113.
710
CALIFORNIA CONSUMERS CORPORATION 711
Pasadena plant, produced goods valued at approximately $2,000,000,
of which 90, percent was shipped to points outside the State of
California.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local 63, affiliated
with the American Federation of Labor, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
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 Union urges that*a unit of engineers, including the chief and
assistant chief engineers, and ice pullers, but excluding all other em-
ployees, is appropriate. The Company would confine the unit to engi-
neers, excluding ice pullers, but takes no position concerning the
inclusion or exclusion of the chief and assistant chief engineers.
Ice Pullers: The Company employs three ice pullers, who work
under the supervision of the chief engineer, or an assistant chief engi-
neer if the chief is absent. The ice pullers work in a room called the
ice tank which is separated from the engine room by a wall which has
one door connecting the two rooms. Only in the event of a break-down
of the machinery in the engine room, do ice pullers work in that room.
However, the usual duties of the engineers take them to the ice tank
room. Although there are no general transfers between the ice pullers
and the engineers, such occasion might arise in emergency situations.
The record shows that three engineers were promoted from ice pullers,
and that the supervision, vacation, and mode of pay for all of the
' The Board agent reported that the Union submitted 8 application -for-membership cards
and that there are 11 employees in the appropriate unit At the hearing, the Union
representative testified that subsequent to the Board agent 's report, an additional employee
applied for membership in the Union.
712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, except for the chief engineer, are identical. For 3 years,
the Union had a collective bargaining contract for one of the other
plants of the Company which covered both ice pullers and engineers in
the same unit. We are of the opinion that the ice pullers and the engi-
neers have a sufficient community of interest to warrant their inclusion
in one unit for the purposes of collective bargaining.
Engineers: The Company employs one chief engineer, three assist-
ant chief engineers, and four assistant shift engineers. The assistant
shift engineers, who work under the direction of the chief engineer,
or an assistant chief engineer if the chief is absent, oil and maintain
the equipment in the engine room and the adjacent ice-tank room.
No license is required for this position. The assistant chief engineers
and the chief engineer are licensed by the City of Pasadena. The
assistant chiefs make running repairs on all of the plant's equipment,
and have supervisory authority only in the absence of the chief engi-
neer. Since it appears that the assumption of authority by the assist-
ant chief engineers does not occur at regular intervals and is of a
sporadic character, we shall include the assistant chief engineers.
However, the record is clear that the chief engineer has authority to
hire and discharge employees; we shall therefore exclude him.
We find that all engineers and ice pullers, including assistant shift
engineers, and assistant chief engineers, but excluding the chief en-
gineer, and all 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 mean-
ing 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 in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with California Con-
sumers Corporation, Pasadena, California, an election by secret bal-
CALIFORNIA CONSUMERS CORPORATION 713
lot 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 Twenty-first 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 Reg-
ulations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including em-
ployees who did not work during the 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 them-
selves in person at the polls, but excluding those employes 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 International Union of Operating
Engineers, Local 63, A. F. L., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.