H. J. Heinz Co.

National Labor Relations Board - Board Decisions

Aug 28, 1941

35 N.L.R.B. 39 (N.L.R.B. 1941)

In the Matter of H. J . HEINZ COMPANY, SHARPSBURG BRANCH and
CANNING AND PICKLE WORKERS LOCAL UNION No. 325, AFFILIATED
WITH THE A. F. L.
Case No. B-2888.-Decided August 28, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Robert M. Gates, for the Board.
Mr. F. A. Higerd, of Sharpsburg, Pa., for the Company.
Mr. Frank P. Novak, of Pittsburgh, Pa., for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 10, 1941, Canning and Pickle Workers Local Union No.
325', affiliated with the A. F. L.,. herein called the Union, filed with
the Regional Director for the Sixth Region (Pittsburgh, Pennsyl-
vania) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of H. J. Heinz
Company, Sharpsburg Branch, Sharpsburg, Pennsylvania, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July
24, 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 Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to, conduct it and to provide for an appro-
priate hearing upon due notice. On August 6, 1941, the Company,
the Union, and the Acting Regional Director entered into a "STIPU-
LATION FOR CERTIFICATION UPON CONSENT ELEC-
TION."
Pursuant to the stipulation an election by secret ballot was con-
ducted on August 7, 1941, under the direction and supervision of the
35 N. L. R. B., No. 10.
39
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Acting Regional Director, among all production and maintenance
employees and watchmen at the Company's Sharpsburg Branch, ex-
cluding outside truck drivers, supervisors, clerical and office workers,
to determine whether or not said employees desired to be represented
by the Union for the purposes of collective bargaining. On August-
8, 1941, the Acting Regional Director issued an Election Report,
copies of which were duly served upon the parties. No objections
to the conduct of the balloting or the Election Report have been
filed by any of the parties.
As to the balloting and the results thereof the Acting Regional
Director reported as follows : :
Total on eligibility list______________________________________ 79
Total ballots cast___________________________________________ 71
Total ballots challenged_____________________________________ 0
Total blank ballots ------------- ---------------------------- 0
Total void ballots__________________________________________ 0
Total valid votes cast______________________________________ 71
Votes cast for Canning and Pickle Workers Local Union No.
325, affiliated with the A. F. L__________________________ 57
Votes cast against Canning and Pickle Workers Local Union
No. 325, affiliated with the A. F. L_________________________ 14
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of H. J. Heinz Company, Sharpsburg Branch,
Sharpsburg, Pennsylvania, 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 and watchmen of
the Company's Sharpsburg Branch, excluding outside truck drivers,
supervisors, clerical and office workers, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act.
3. Canning and Pickle Workers Local Union No. 325, affiliated
with the A. F. L., has been designated and selected by a majority
of the employees in the above unit as their representative for the
purposes of collective bargaining and is the exclusive representative
of all the employees in said unit, within the meaning of Section 9 (a)
of the National Labor Relations Act.
H. J. HEINZ COMPANY 41
CERTIFICATION OF REPRESENTATIVES
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
IT IS HEREBY CERTIFIED that Canning and Pickle Workers Local
Union No. 325, affiliated with the A. F. L., has been designated and
selected by a majority of all production and maintenance employees
and watchmen of H. J. Heinz Company, Sharpsburg Branch, Sharps-
burg, Pennsylvania, excluding outside truck drivers, supervisors,
clerical and office workers, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the
Act, Canning and Pickle Workers Local Union No. 325, affiliated
with the A. F. L., is the exclusive representative of all such employees
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.