Central Carolina Farmers Exchange Inc.

National Labor Relations Board - Board Decisions

Jan 16, 1958

119 N.L.R.B. 1336 (N.L.R.B. 1958)

1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Central . Carolina Farmers Exchange Incorporated and Amal-
gamated Meat Cutters & Butcher Workmen of ,North Amer-
ica, Local 332, AFL-CIO and International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of Amer-
ica, Local 391, Petitioners . Cases Nos. 11-RC-9893 and 11-RC-
1011. January 16,1958
DECISION AND ORDER
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Jerold B. Sindler, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Leedom and Members
Bean and Jenkins].
Upon the entire record in this case, the Board funds :
1. The Employer is engaged in commerce within the meaning of
the Act.'
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
Each of the Petitioners, in substance, asks the Board to split into
two parts the unit heretofore found appropriate for the purposes of
collective bargaining.2 That unit included the clerical and other em-
ployees working in both the production and maintenance departments
and the stores.
The Employer is a farmers' cooperative association. In addition to
the workers in the main office and the agricultural hatchery, and
the guards and supervisors, all of whom for conventional reasons were
excluded from the appropriate unit, the Employer operates 8 produc-
tion and maintenance departments and 8 retail sales and service stores,
all as part of its integrated enterprise.
The Meat Cutters now seeks to split off parts of 5 of the 8 produc-
tion and maintenance departments, excluding the truckdrivers and
clerical employees working in such departments, and also excluding
some of the production and maintenance employees in 1 of the depart-
ments (the auction employees in the livestock and slaughterhouse de-
partment). The Teamsters, although requesting the remaining three
1 See Central Carolina Farmers Exchange , Inc., 115 NLRB 1250.
2 Central Carolina Farmers Exchange , Inc., supra.
119 NLRB No. 163.
HEUBLEIN, INC. 1337
production and maintenance departments and the truckdrivers in
the other departments, also wants to include some of the employees in
the retail stores; but it, too, would exclude the clerical employees
Working in the unit it requests.
The Employer opposes the unit requests, and contends that only
the single unit, heretofore found appropriate by the Board, would be
appropriate.'
In the circumstances we perceive no reason, other than the extent
of the employees' organization, for carving up the appropriate unit.
The breakup of the unit is not sought on the basis of craft or of tra-
ditionally separate interests, nor because of any collective bargaining
history. Not only is there no legitimate factual basis for the units
separately requested by the Meat Cutters and the Teamsters, but
indeed some of the employees heretofore in the appropriate unit are
excluded from both requested units. We therefore find these units in-
appropriate,3 and shall dismiss the petitions 4
[The Board dismissed the petitions.]
8 See Bullock's Incorporated , 119 NLRB 642.
* Accordingly , 'we find it unnecessary to consider the Employer ' s other motions for
dismissal of the petitions , or its request for oral argument.
Heublein , Inc. and Distillery , Rectifying Wine and Allied Work-
ers International Union , Local No. 45, AFL-CIO; Petitioner
Heublein , Inc. and International Association of Machinists
Local Lodge. No . 68,. AFL-CIO, Petitioner. Cases Nos. 20-RC-
.1.3381 and 90-RC-3394. January 16, 1958
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 ( c) of the
National Labor Relations Act, a consolidated hearing was held before
M. C. Dempster , hearing officer . The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
'Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Bean].
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.'
1 Warehouse Union Local 6, International Longshoremen 's and Warehousemen 's Union,
Ind., herein called Local 6, was permitted to intervene on the basis of a showing of
Interest.
119 NLRB No. 164.