Chicago Macaroni Co.

National Labor Relations Board - Board Decisions

Mar 13, 1941

30 N.L.R.B. 288 (N.L.R.B. 1941)

In the Matter , of CHICAGO MACARONI COMPANY and .BAKERY &
CONFECTIONERY WORKERS' INTERNATIONAL UNION or AMERICA,
LOCAL 465
Case No. R-2R73.-Decided March 13, 1941
Jurisdiction : wholesale grocery and macaroni manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and shipping em-
ployees of the Company, including wholesale grocery division employees,, but
excluding clerical and supervisory employees, carpenters, professional die
makers, engineers, firemen, electricians, truck drivers, truck drivers' helpers,
watchmen, and porters.
Blanksten and Lansing, of Chicago, Ill., by Mr. Harold S. Lansing',
for the Company.
Mr. Joseph M. Jacobs and Mr. Phillip D. Goodman, , of Chicago,
Ill., for the Union.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OV THE CASE
On January 14, 1941, Bakery & Confectionery Workers' Interna-
tional Union of America, Local 465,1 herein called the Union, filed
with the Regional Director for the Thirteenth Region (Chicago, Illi-
nois) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Chicago Maca-
roni Company, Chicago, Illinois, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On January 29, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act, and Article III, Section 3, of National Labor
'Incorrectly designated in some of the formal papers as Local 465 of the Bakery and
Confectionery Workers* International Union
30 N. L. It. B., No. 44.
288
CHICAGO MACARONI COMPANY 289
Relations Board Rules-and Regulations-Series 2, as amended, or-
dered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On January 31, 1941;, ,the Regional Director issued a notice ' of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on February 6,
1941, at Chicago, Illinois, before Charles F. McErle'an, the Trial Ex-
aminer duly designatedby the Board. The Company and the Union
were represented by counsel and participated in the hearing. At the
conclusion of the hearing, without objection by the Company, the
Union moved to amend the petition to request the exclusion of truck
drivers and truck drivers' helpers, watchmen, and-porters from the
unit therein alleged as appropriate . for the purposes of collective
bargaining. The Trial Examiner reserved ruling on this motion.
The motion is hereby granted. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections
to the admission, of evidence. ' The Board has reviewed the rulings
of the Trial Examiner and finds that 'no prejudicial errors were
committed. The rulings are hereby' affirmed.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TIIE COMPANY
Chicago Macaroni Company; an Illinois corporation, is engage& in
the manufacture and sale of ,macaroni and in the operation of a whole-
sale,grocery business at Chicago, Illinois. The principal raw ma-
terials used in the manufacture of macaroni are flour, and durum
wheat. The value of such material purchased, annually by the : Com-
pany is in excess of $300,000, over 90 per cent of which, by value,
is purchased and shipped, to the Company from sources outside the
State of Illinois. The total value of the Company's sales of manu-
factured p'roducts and whole`sale' groceries is annu''ally' in excess of
$900,000," 30 'to` 50' per ^ceuit of.which; by value, is sold, and shipped
`'e Com-by'the'Company •to=points 'outside the State' ofIllinois'''T
pany 'admits that 'it is' engaged in' interstate "co`himerce within -the
meaning of the"Act.
1' I• f ,^,^ trt „ c I H •il . , {, •?,,,J-'i 's'i'r b,j, yI[ t^ , . '
;.. .. . '^ II.' THE1 ORGANIZATION ;INVOLVED—
,,Bakery,•& Confectionery Workers', International, Union of-'America,
Local" 465,''is''a;labor'o``rganizat on,afili'ted with the American Fed-,
eration of Labor.-It admits to membership' all'1 employees, of the
Company'''engaged ' in the' production; pifeking,and shipping' of
macaroni and related, products.
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On October 28, 1940, the Union wrote the Company requesting a
conference for collective bargaining purposes. No reply was ever
received. In the middle of November 1940, a union representative
telephoned the Company to inquire concerning its. failure to reply
to the written request. He was informed by the president of the
Company that it "wasn't interested". At a conference attended by
representatives of the Union, the Board, and the Company held Jan-
uary 17, 1941, in an Attempt to arrange a consent election, the Com-
pany's attorney stated that the Company would not recognize the
Union until a formal hearing and election were conducted by the
Board and the Union was thereafter certified as the representative of
a majority of the employees in an appropriate collective bargaining
unit.
The Trial Examiner read a statement into the record showing
that the Union represents a substantial number of employees in the
collective bargaining unit hereinafter found to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the' question concerning representation which has
arisen occurring in connection with the operations of -the Company
described in Section I above, has a close, intimate, and substantial
relation-to- trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and' the free flow of commerce. -
V. THE, APPROPRIATE ' UNIT
The Union requests a collective, bargaining unit of all production
and shipping employees of the Company, including wholesale grocery
division employees, but ' excludi ig clerical and supervisory employees,
carpenters, professional die makers, engineers, firemen, electricians,
truck drivers and truck drivers' helpers, watchmen, and, porters. The
Company, while not contesting the exclusions requested by the Union,
contends that production and shipping- employees in the macaroni
2 The Trial Examiner stated that 76 membership'application,cards were submitted to him,
20 cards undated and 56 dated between July 1940 and January 1941, that 75 of the signa-
tures on such cards appeared to be genuine original signatures and that 51 of such cards
bore the names of persons appearing on.a,pay r'oll-submiffed by the Company dated Novem-
her 14, 1940. Such pay roll showed the names of 163 persons in the alleged appropriate
unit. -
CHICAGO MACARONI COMPANY 291
and grocery divisions, respectively, should constitute separate col-
lective bargaining units.
The Company's business is carried on in two adjoining buildings,
hereinafter called the old and the new building, respectively. In the
old building the Company manufactures, packs, and stores macaroni
and related products, while in the new building it carries on a general
wholesale grocery business. However, a macaroni drying room and
a shipping and receiving room are also located in the new building.
The macaroni division is comprised of approximately 135 persons
engaged in various operations connected with. the manufacture of
macaroni and related products, and the packing, storing, and moving
of such finished products. The grocery division is comprised of
approximately 14 persons engaged in filling orders received from
retail grocers from a stock of approximately 1,200 groceries and of
approximately 10 other persons employed in the shipping and receiv-
ing room who handle groceries received for storage, and shipments
from the plant of both groceries and macaroni. While the wages and
hours of employees in the two divisions vary slightly, no essential
differences exist, with respect to the maiiagement of the two divisions.
Purchases for both divisions are made, and labor policies for all
employees are directed, by a single officer. Macaroni used to fill
orders, from retail grocers is sent to the grocery division without
adjustment in any accounts kept by either division. Shipping-room
employees handle the shipment of all products sold by the Company.
Retail grocery orders filled by the other grocery-division employees
may be comprised in whole or in part of macaroni and related prod-
ucts manufactured in the Company's macaroni division. The Union
admits to membership all persons connected with the production and
shipping of macaroni, which in this case includes the employees in
the grocery division, and has organized, and secured a contract cover-
ing employees in. both the, macaroni and grocery divisions of another
company in Chicago. There is no history of collective bargaining
between *the Company and the Union or any indication that any other
union is seeking or has sought, to organize any employees in either
division. Under the circumstances we are of the' opinion that a unit
composed of the employees in both the macaroni and grocery divisions
is appropriate for the purposes of collective bargaining.
We find' that all production and shipping employees of the Com-
pany, including wholesale grocery-division employees, but excluding
clerical and supervisory employees, carpenters, professional die mak-
ers, engineers, firemen, electricians, truck drivers and truck drivers'
helpers,: watchmen,, and porters, constitute a, unit appropriate for the
purposes 'of collective bargaining and that said unit will, insure to
employees of the Company the full benefit of their right to self-
4401'35-42-Vol 30--20
292 DECISIONS OF NATIONAL LABOR''RELATIONS BOARD
organization and to collective bargaining, and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees in the unit which we have found to be appro-
priate can best be resolved by an election by secret ballot.
The Union requested that in the event the Board directs an elec<
tion it select November 14, 1940, as the pay-roll date for' determining
eligibility to vote. The Company requested that eligibility be de=
termined by a current pay roll. Certain employees have been laid
off subsequent to November 14th but approximately the same number
of persons are on the pay roll at the present time as were' employed
on that date and we find nothing in the record to warrant a de-
parture from our usual practice. Accordingly, we find that those
eligible to vote in the election shall be the employees in th'' appro-
priate unit who were employed by the Company during the pay-roll
period immediately preceding the date of the Direction of Election
herein, including employees who did not work during such pay-roll
period because they were ill or on vacation or absent because called
for military_ service, and employees who were then, or have since been
temporarily laid off, but excluding employees `who have since quit or
been discharged for cause.
Upon the basis of the above finding's of 'fact'and upon the, entire
record in the case,'the Board makes the following :
CONCLUSIONS OF LAW
1. A,question affecting commerce has, arisen concerning the repre-
sentation of employees of Chicago Macaroni Company, Chicago, Illi-
nois,, within the meaning of Section 9 (c), and Section 2, (6) and (7)
of the National Labor,Relations Act. 1 , „ -- , ,
2. All production and,shipping employees of the'Company, includ-'
ing wholesale grocery-division employees, but excluding clerical, and
supervisory employees; carpenters, professional die makers, engineers,
firemen, electricians, •tr ack drivers and, truck, drivers'. helpers, -watch-
men, and porters constitute a unit appropriate for the , ,purposes of
collective bargaining, within,the meaning of Section,;9 (b): Of,, the
National Labor Relations Act.
t DIRECTION OF ; ELECTION
j' By' virtue "of and 'pursuant'to• the power vested in'•the' National
Labor Relations' Board by Sec'tion.9''(c) of 'the National La5it Re1ii-
tion"s'Act, and'pu'rsuant to Article III, Section 8, of National^Lab'or
CHICAGO MACARONI COMPANY , 293
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Chicago Macaroni Company, 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, Section 9, of said Rules and Regulations,
among all production and shipping employees of the Company, in-
cluding wholesale grocery-division employees, whose names appear
on the pay roll of the Company immediately preceding the date of
the Direction of Election, including employees who did not work
during such pay-roll period because they were ill or on, vacation or
absent because called for military service, and employees who were
then or have since been temporarily laid off, but excluding clerical
and supervisory employees, carpenters, professional die makers, engi-
neers, firemen, electricians, truck drivers and truck drivers' helpers,
watchmen, and porters, and employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Bakery & Confectionery Workers' International Union
of America, Local 465, for the purposes of collective bargaining.