Godchaux Sugars, Inc.

National Labor Relations Board - Board Decisions

Aug 2, 1940

26 N.L.R.B. 33 (N.L.R.B. 1940)

In the Matter of GODCHAUX SUGARS, INC. and SUGAR WORKERS'
LOCAL UNION No. 21934 AFFILIATED WITH THE AMERICAN FEDERA-
TION OF LABOR
Case No. R-1920.-Decided August 2, 1940
Jurisdiction : sugar refining industry.
Investigation and Certification of Representatives : existence of question: dispute
as to appropriate unit; refusal to accord recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees of the Company at its Reserve, Louisiana, plant, including sugar
boilers, ground and yard employees, narrow gauge railroad employees, Servall
department employees, electric truck operators, longshoremen, samplers,
entrainment men, car knockers, toolroom employees, but excluding supervisory,
agricultural, and clerical employees, chemists and bench chemists, truck drivers
and garagemen, welfare-department employees, watchmen, and specifically
named employees.
Although by-product plant is housed in a separate building employees
thereof are included in unit by virtue of the similarity of wages, hours, and
other working conditions, its dependence on the main plant, its treatment by
the Company as an integral part of the Company's operations, and the
absence of any history of collective bargaining by said employees as a separate
unit.
Longshoremen allegedly hired through an independent contractor included
in unit since they are treated by the Company the same as other employees,
are paid directly by the Company which keeps all work and payroll records
and pay unemployment insurance on their wages, use the Company's facilities
without charge and where said alleged independent contractor considered
himself an employee of the Company.
Narrow gauge railroad employees whose duties include a substantial amount
of maintenance work included in unit, although one of the unions would
exclude them on ground they are not within the jurisdiction of the A F. of L
where there is no history of collective bargaining or organization among these
employees as a separate unit.
Mr. Emile Godchaux, of New Orleans, La., for the Company.
Mr. Ed. Long, of Birmingham, Ala., for the Sugar Workers' Union.
Mr. Eugene E. Saunders and Mr. William A. West, of New Orleans,
La., for the Council.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
26 N. L R. B , No. 3.
33
34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 24,1940-, Sugar Workers' Local Union No. 21934, affiliated
with the American Federation of Labor, herein called the Sugar Work-
ers' Union, filed with the Regional Director for the Fifteenth Region
(New Orleans, Louisiana), a petition 1 alleging that a question affecting
commerce had arisen concerning the representation of employees of
Godchaux Sugars, Inc., Reserve, Louisiana; herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat 449, herein called the Act. On June 10, 1940, 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
Relations Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized' the Regional Director to conduct it
and to provide for an appropriate, hearing upon due notice. On Jlme
13, 1940, the Regional Director issued a notice of hearing, copies of
which were served upon the Company,. the Sugar Workers' Union, and
Godchaux Sugars Employees Labor Council, herein called the Council;
it labor organization claiming to represent employees of the Company
Pursuant to notice, and after a postponement, a hearing was held on
June 25 and 26, 1940, at New Orleans, Louisiana, before Samuel Lang,
the Trial Examiner duly designated by the Board. The Company
and the Council were represented by counsel and the Sugar Workers'
Union by a representative; all participated in the hearing Full
opportunity to be heard, to examine and cross-examine witnesses,
,and to introduce evidence bearing upon the issues was afforded all
parties. At the opening of the hearing the Council filed a petition to
intervene which was granted by the Trial Examiner. During the
course of the hearing the Trial Examiner made several rulings on
motions and objections to the admission of evidence. The Board has
reviewed all the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
After the hearing the Council filed a brief with the Board.
Upon the entire record-in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Godchaux Sugars, Inc. is a Louisiana corporation, having its princi-
pal place of business in New Orleans, Louisiana. It owns and operates
I On June 13 , 1940 , the Sugar Workers ' Union filed an amended petition , and on June 24, 1940, a second
amended petition
GODCHAUX SUGARS, INC. 35
plants located at Raceland and at Reserve , Louisiana , and is licensed
to do business in 18 States other than Louisiana These proceedings
involve only the Company 's plant at Reserve
The, company 's operations include the cultivation , transportation,
and milling of sugar cane , refining of raw sugar , and processing of
various byproducts More than 80 per cent of the raw materials and
supplies used at the Reserve plant in the course of manufacture
during the past several years were shipped to the plant from outside
the State of Louisiana . Raw sugar , the principal of these raw mate-
rials , is procured in part from within Louisiana , and in part from
Puerto Rico , the Philippine Islands , and Cuba. Approximately 87
per cent of the refined sugars regularly produced at the Reserve plant
are shipped from the plant to customers in States other than Louisiana.
An even greater percentage of the byproducts at the plant fire sold
and shipped to points outside Louisiana . The average monthly sale
of refined sugar produced at the Reserve plant during past years has
amounted to 45 million pounds.'
On May 26, 1940 , the Company employed approximately 975 em-
ployees in the Reserve plant , excluding agricultural employees. The
Company stipulated that it is engaged in commerce within the mean-
ing of Section 2 (6) and (7) of the° Act.
II. THE LABOR ORGANIZATIONS INVOLVED
Sugar Workers' Local No. 21934 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees of the Company.
. Godchaux Sugars Employees Labor Council is an unaffiliated labor
organization admitting to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On October 26, 1937, a consent election was conducted under the
auspices of the Board among "all employees [of the Company] at the
Reserve, Louisiana, plant paid by the hour or the piece except those
in clerical or supervisory capacities, and those whose normal employ-
ment is in agriculture or field work," for the purpose of determining
whether the employees desired to be represented by the Council-or
by certain affiliates of the American Federalton of Labor, which are
predecessors to the Sugar Workers' Union.' Although the Council
obtained a majority of votes cast in this election, the respondent has
2 Pursuant to the terms of a stipulation entered into at the hearing between counsel for the Board and
foi the respondent, these findings are based upon facts found in Section 1 of the Board's Decision and Order
in Matter of Godchaua Sugars, Inc and Sugar Mitt Wor %ers' Union, Locals No 21177 and No 2188 affiliated
with the American Federation of Labor, 12 N L R B 568
3 See Matter of Godchaux Sugars, Inc , and Sugzr'Alill Workers' Union, Locals No 21177and No. 2188
affiliated with the American Federation of Labor, 12 N L R B 568
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at all times since refused to recognize and bargain with it as a statutory
representative.
At the hearing the Council and the Sugar Workers' Union advanced
conflicting claims concerning the scope of the appropriate unit and
each organization claimed to represent a majority of the employees
within the unit asserted by it 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
with foreign countries , and tends to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Sugar Workers' Union contends that all production and
maintenance employees of the Company at its Reserve refinery, ex-
cluding clerical and supervisory employees, chemists and laboratory
personnel, sugar boilers, outside truckmen and garagemen, ground
and yard employees, lodging house attendants, commissary (stores)
employees, Community Club employees, narrow gauge railroad em-
ployees, deputized guards, and employees of the Servall plant I
constitute an appropriate unit, and that longshoremen employed by
the Company may properly be included in that unit or be established
as a separate unit. At the hearing the Sugar Workers' Union intro-
duced in evidence a list of 175 employees whom it would exclude,
but stated that such list was not intended to prevent the exclusion of
other individuals whose work fell within the classifications sought by
it to be excluded.
The Council requests a unit of all the Company's employees at the
Reserve plant, excluding agricultural employees and supervisory
employees having the power to hire and discharge.
The Company's contentions regarding the appropriate unit are
substantially identical with those of the Council, except that the
Company would also exclude "purely clerical" employees, supervisory
employees above the rank of working foremen, and employees whose
work requires a highly technical and educational background.
4 The Servall plant or department is an annex of the Company 's refinery where the Company manufac
tures byproducts of cane sugar.
GODCHAUX SUGARS, INC. 37
At the hearing the parties agreed that lodging house attendants,
Community Club employees, and the 55 employees listed in Appendix
A, below, should be excluded from the unit. We shall exclude them.
Agricultural employees of the Company are similarly excluded.
We proceed to the consideration of individuals and groups of
employees whose inclusion in the unit is disputed.
A. Clerical and miscellaneous employees
The Sugar Workers' Union contends that all employees of the
Company whose principal duties are clerical in nature should be
excluded as clerical employees. We shall exclude all such employees
from the unit.' This category embraces office employees, whose ex-
clusion has been substantially accomplished by the agreement covering
the employees listed in Appendix A, and the following employees of the
refinery: checkers, weighers,' laboratory clerks, Alex Webe, a bag-
room attendant, who keeps an inventory of the Company's sugar-bag
stock, and Dewey Webe, who counts sugar bags after they have been
sown in bundles.
The Sugar Workers' Union seeks the exclusion also, of Alex Klibert,
Louis Roussell, J. L. Vicknoir, and Emile Webe, classed as "car
knockers," who clean railroad cars preparatory to the loading of sugar,
Willie Dent; a common laborer, J. S. Blunt and Clifford F. Landy,
maintenance repair employees, and three employees in the toolroom,
who check out tools and keep them in good repair, but the greater part
of whose time is consumed in repair work. We find that all these
employees are properly a part of a production and maintenance em-
ployees' unit, and shall accordingly include them.
B. Supervisory employees
The parties agreed to the exclusion from the unit of certain foremen
and officials of the Company whose names appear in Appendix A.
The Sugar Workers' Union requests the further exclusion of all work-
ing foremen. It appears that the Company employs 30 persons each
of whom works with other employees whom he supervises and directs.
At the request of the Sugar Workers' Union we shall exclude all such
employees as working foremen. Appendix B, below, contains the
names of employees whose duties, we find, require their classification
as working foremen.7
6 Matter of TVestinghouse Electric and Manufacturtnq Company-Porcelian Division at Derry, Pennsylvania
and United Electrical; Radio and Machine Workers of America, et al , 12 N L R. B 1360.
i We exclude , as weighers , Rita Delaneuville , Edna Englade , and Mrs Yolande Thibedeaux, who,
although they occasionally work as production employees , spend the greater part of their working time
at weighing sugar
7 John Fleitas and Francis Cambe who repair sewing machines are included in Appendix B because they
also serve as extra foremen in the small - pack department
323429-42-vol 26--4
38 DECISIONS OP NATIONAL LABOR RELATIONS BOARD
C. Chemists and laboratory employees
The Company employs a chief chemist, an assistant chemist, and
bench chemists. We shall exclude them from the unit as technical
and professional employees. Samplers and entrainment men are
also employed in the laboratory. Samplers obtain specimens of the
sugar during its processing for analysis by the chemists, and clean
the laboratory during their spare time. The entrainment men obtain
samples of condensation from the pans and evaporators to determine
whether sugar is being lost through leakage. We do not believe that
the skill needed in these operations so differentiates the samplers and
entrainment men from the production and maintenance employees
as to require their exclusion. We shall, therefore, include them in the
unit.
D. Sugar boilers
The Sugar Workers' Union contends that the sugar boilers employed
by the Company should be excluded from the unit for the reason
that they comprise a "special social class," earn more than other
refinery workers, and work directly under the superintendents. The
record shows that although sugar boilers must undergo a period of
training to become proficient, their duties are principally mechanical,
requiring the exercise of a certain amount of judgment. No sufficient
,reason appears to exclude them from the production and maintenance
unit. Accordingly, we shall include them.
E. Truck drivers and garagemen
The Company employs six truck drivers and garagemen. They
haul sugar in the Company's trucks from its warehouses to the river
barges, do other general hauling for the Company, and keep the trucks
in proper repair. The Sugar Workers' Union seeks the exclusion of
these men on ground that their work is not confined to hauling sugar
and that they are subject to the jurisdiction of the International
Brotherhood of Teamsters, another labor organization affiliated with
the American Federation of Labor. These employees occupy a status
differing somewhat - from that of the production and maintenance
employees of the Company. At the request of one of the labor
organizations involved, we shall exclude the truck drivers and garage-
men from the unit.8
All parties agree that the operators of electric trucks in the refinery
proper should be included in the unit. We shall, therefore, include
them.
8 See Platter of Seymour Packing Company and Amalgamated Meat Cutters and Butchers Workmen of
North America, Local No 176, affi liated with the A P of L ,12 N L R B 1098, Matter of Armour & Compan I/
and Amalgamated Meat Cutters and Butcher Workmen of North America, Local No 235, 10 N L R B 912.
GODCHAUX SUGARS, INC. 39
F. Ground and yard - employees
The Company employs nine ground and yard employees Their,
principal duties consist of maintaining the-plant grounds and cleaning
the Company 's water filtering plant. They are also used as a utility
repair crew around the plant. These employees perform maintenance
work at the plant and will , therefore , be included in the unit.
G. Narrow gauge railroad employees
The Company operates a narrow gauge railroad over which, during
the harvest season , from October to December , it transports sugar
cane from its sugar cane fields to the refinery. Twelve employees
ar c classified by the Company under its maintenance division as
railroad repair men ... They supervise the movement of cane over the
Company's narrow gauge railroad, repair and maintain the equipment,
and also do repair and construction work in the refinery. The Sugar
Workers ' Union would exclude these employees on the ground that
they are not within the jurisdiction of the American Federation of
Labor. There is, however , no history of collective bargaining or
organization among these employees as a separate unit and their
duties include a substantial amount of maintenance work in and about
the refinery . We shall include the narrow gauge railroad employees
in the unit.
H. Welfare department employees and watchmen
The Company employs a Welfare Department comprising first-aid
attendants, a safety director, a personnel manager, an editor of a
house organ, and a watchman. The Sugar Workers' Union requests
the exclusion of all these persons. The Council agreed to exclude
the deputized guards, but urged that all watchmen employed by the
Company in the fire-prevention department be similarly excluded.
We shall exclude from the unit all employees of the Welfare Depart-
ment and all other watchmen.
At the hearing a question arose as to the classification of Ernest
Duhe whose duties consist of inspecting and repairing the fire-sprinkler
system and the chemical extinguishers. We shall include Ernest
Duhe in the unit as a maintenance employee.
I. Servall department
After the sugar cane is ground in the refinery and the juice extracted,
there remains a residue called bagasse. The Company uses between
70 and 80 per cent of this bagasse in its -Servall department in the
manufacture of stock feed, poultry bedding, and materials for explo-
sives. The first operation in the process, that of screening the
bagasse, is carried on in the refinery. From there the screened
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bagasse is sent by a conveyor belt to the Servall department where
processing is completed.
Although the Servall department is housed in a separate adjacent
building, a common power plant, water system, and gas main supply
the utilities to all departments including the Servall. Electrical and
mechanical repairs are made in all departments by the same main-
tenance employees. One group insurance policy embraces all em-
ployees. The Company's warehouses are used interchangeably for
sugar and byproducts. The employees of the refinery and of the
Servall department receive approximately the same pay, work under
similar conditions, and are paid by checks out of the same general
office.
The Sugar Workers' Union urges that employees of the Servall
plant should be excluded from the unit for the reason that their duties
are in no way related to the production of sugar, and contends that a
separate unit should be established for them. Although the Servall
employees do not engage in the production of sugar, the Servall and
refinery workers by virtue of the similarity of wages, hours, and other
working conditions have a definite community of interest. Moreover,
the Servall department is completely dependent upon the refinery for
bagasse. The Company treats the Servall department as an integral
part of its operations. Under these circumstances, and in the absence
of any history of collective bargaining by the Servall employees as a
separate unit, we see no reason for excluding such employees from the
industrial unit. We shall accordingly include Servall department
employees in the unit.
J. Longshoremen
The names of about 60 men appear on a special pay roll of the
Company, under the classification "Longshoremen Dorsey Contract
Labor." These men remove the sugar from the Company's truck at
the river and with the aid of a conveyor load it on barges for water
shipment. A large proportion of the Company's sugar is so shipped
on barges. At times these men also stock sugar in the refinery.
The Council would include these men in the unit, and the Sugar
Workers' Union asserts that properly the longshoremen may be
included or established as a separate unit. The Company asserts that
the -longshoremen are hired through Henry Dorsey, an independent
contractor, and that the propriety of including then in the unit is
"debatable." These men are hired through Dorsey, who works with
them and receives a bonus of 50 cents a day for calling them together
when needed. It is clear, however, that the longshoremen are treated
by the Company the same as other employees. They are paid
directly by the Company which keeps all work and pay-roll records
and pays unemployment insurance on their wages. They use the
Company's first-aid and medical facilities without charge. Moreover,
GODCHAUX SIUG'ARSI, Iic'C 41
Dorsey testified that he considered himself an employee of the
Company.
Under the circumstances we shall include the longshoremen in
the unit. However, since it appears that Henry Dorsey directs and
supervises these employees we have listed him in Appendix B for exclu-
sion as a working foreman.
We find that all production and maintenance employees of the
Company at its Reserve, Louisiana, plant, including sugar boilers,
ground and yard employees, narrow gauge railroad employees, Servall
department employees, electric truck operators, longshoremen,
samplers, entrainment men, car knockers, toolroom employees, Willie
Dent, J. S. Blunt, Clifford F. Landy, and Ernest Duhe, but excluding
supervisory, agricultural, and clerical employees, chemists and bench
chemists, truck drivers and garagemen, welfare-department employ-
ees, watchmen, Alex Webe, Dewey Webe, and employees listed in
Appendices A and B, 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-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the Sugar Workers' Union and the Council each
made a substantial showing of membership within the unit alleged by
it to be appropriate. We find that the question concerning representa-
tion which has arisen can best be resolved by an election by secret
ballot.
The Sugar Workers' Union requested that May 26, 1940, be used
to determine eligibility. However, we see no reason for departing
from our usual practice of using the pay-roll period last preceding the
date of this Direction to determine eligibility.
On the basis of the above findings 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
representation of employees - of Godchaux Sugars, Inc., Reserve?
Louisiana, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company
at its Reserve, Louisiana, plant, including sugar boilers, ground and
yard employees, narrow gauge railroad employees, Servall department
employees, electric truck operators, longshoremen, samplers, entrain-
ment men, car knockers, toolroom employees, Willie Dent, J. S. Blunt,
Clifford F. Landy, t nd Ernest Duhe, but excluding supervisory,
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agricultural, and clerical employees, chemists and bench chemists,
truck drivers and garagemen, welfare-department employees, watch-
men, Alex Webe, Dewey Webe, and employees listed in Appendices
A and B, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
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 8, of National Labor Rela-
tions 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 the Godchaux Sugars, Inc., Reserve, Louisiana, an
election by secret ballot shall be conducted as early as possible but not
later than thirty (30) clays from the date of this Direction of Election
snider the direction and supervision of the Regional Director for the
Fifteenth 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 maintenance employees of the
Company whose names appear on the pay-roll period last preceding the
date of this Direction of Election, including sugar boilers, ground and
yard employees, harrow gauge railroad employees, Scrvall department
employees, electric truck operators, longshoremen, samplers, entrain-
ment men, car knockers, toolroom employees, Willie Dent, J. S.
Blunt, Clifford F. Landy, Ernest Duke, employees who did not work
during such pay-roll period because they were ill or on vacation, and
employees who were then or have since been temporarily laid off, but
excluding supervisory, agricultural, and clerical employees, chemists
and bench chemists, truck drivers and garagemen, welfare-department
employees, watchmen, Alex Webe, Dewey Webe, employees listed in
Appendices A and B, and any employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Sugar Workers' Local No 21934, affiliated with the Ameri-
can Federation of Labor, or by Godchaux Sugars Employees Council,
for the purposes of collective bargaining, or by neither.
APPENDIX A
Rene Englade
Abe Gueret
Gerald Templet
Charles Averil
Faustin J Abadie
Bessie Acosta
H. F. Adolph
W. J. Bergeron _
L. P. Barrios
Noland Berthelot
Ory Boudreaux
F. B. Beadle
GODCHAUX SUGARS, INC. 43
Alonzo Bodin
Walter Bondurant
D. Z. Burson
Mary Camello
0. J Champagne
Paul Courreage
Vicanzo Cambice
Amedee Duhc
Alcide Duhe
Fred Fabre
F. L. Gayle
Sally Gray
C. F. Hooper
L. A. Hotfelter
Murphy J. Jacob
Sidney R Johnston
Dantes Keller
A. G. Kreis
H. A. LeBlanc
Vernon LeBlanc
Gustave Louque
A. A. Lasseigne
Emile Battard, Sr.
F. B. Beadle
Alonzo Bodin
Arthur Borne
Eugene Borne
Leon Borne
Alex Brady
Francis Cambe
Lucien Cambre
Henry Dorsey
Eddie Duhon
Eddie Englade
Arthur Hyrnel
Ernest Jacob
Wilson Jacob
Sophie LeDoux
Rosema LeDoux
W. E. McFarland
Alexis Millet
Marcel Montegut
W. J. Oubre
Oliver Oubre, Jr.
Oliver Oubre, Sr.
A. J. Ordeync
Thomas A. Rome
Rosa Lee Marie Robert
Gustave A. Sigur
Andrew M. Smith
Charles Triche
M. D. Theard
A. J. Torbert
Emile Villeret
W. O. Wilton
George B. Williamson
C F Williamson
Wilbur May Williamson
APPENDIX B
Theogene Klibert
Lionel Klibert
Henry Klibert
Elmore Klibert
Robert LeBlanc
Anatole Millet
Paul McLaurm
Oliver Oubre, Sr.
Henry Ruiz
Sylvester Simon
Oliver Sutton
Allen Smith
Theo Scioneaux
Edgar Vicknair
John Fleitas
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Direction of Election.