Larus & Brother Co., Inc.

National Labor Relations Board - Board Decisions

Oct 16, 1945

64 N.L.R.B. 266 (N.L.R.B. 1945)

In the Matter of LARUS &. BROTHER COMPANY, INC. and TOBACCO
WORKERS INTERNATIONAL UNION AND LOCALS 219 AND 219-B
Case No. 5-R-2035.-Decided October 16, 1945
Mr. R. E. Cabell, of Richmond, Va., for the Company.
Mr. George L. Googe, of Atlanta, Ga., and Messrs. George Ben-
jamin and W. E. Lewis, of Richmond, Va., for the A. F. of L.
Witt cf Cammer, by Mr. Nathan Witt, of New York City; and
Mr. Max Sussman, of Richmond, Va., for the C. I. O.
Mrs. Augusta Spaulding, of, counsel to the Board.
DECISION.
_ AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Tobacco Workers International Union
and its Locals 219 and 219-B, labor organizations affiliated, with the
American Federation' of Labor, and herein collectively called the
A. F. of L., alleging that a question affecting commerce had arisen
concerning the representation of employees of Larus k Brother Com-
pany, Inc., Richmond, Virginia, herein called the Company, .the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Sidney F. Barban, Trial Examiner. The hear-
ing was held at Richmond, Virginia, on September 14, 1945. The
Company, the A. F. of L., and Food, Tobacco, Agricultural and Allied
Workers of America, Local 45, a labor organization affiliated with the
Congress of Industrial Organizations, herein called the C. I. 0.,
appeared,, participated, and 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 hear-
ing are free from prejudicial error and are hereby affirmed. All par-
ties were afforded an opportunity to file briefs with the Board.
In its' brief, the C. I. O. moves for reconsideration of•the Board's
conclusions reached in a prior representation proceeding concerning
the Company's employees, cited in footnote 1, below. The motion is
denied.
64 N. L. R. B., No 46.
266
'LARDS & BROTHER' COMPANY, INC. 267
The C: I. O. filed a request for oral argument. National Federation
for Constitutional Liberties , National . Lawyers' Guild, and National
Association` for the Advancement of 'Colored People asked permission
to appear -as amici curiae and present oral argument . The requests
for oral argument are denied.
- Upon the entire record in the case, the Board makes the following':'
-FINDINGS OF FACT -
I. THE BUSINESS OF THE CO31PANY
Larus & Brother Company, Inc., is engaged in manufacturing,
packaging, and selling cigarettes and smoking and plug tobacco, at
Richmond, Virginia. During the past year, the Company purchased
9,000,000 pounds of leaf tobacco, valued in excess of $3,000,000, over
50 percent of which was shipped to Richmond from points outside
Virginia. During the same period more than 75 percent of the fin-
ished products, processed by the Company at Richmond, was shipped
to points outside Virginia.
The. Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Tobacco Workers International Union and its Locals 219 and 219-B
are. labor organizations affiliated with the American 'Federation of
Labor, admitting to membership employees of the Company. -
F,ood, Tobacco, Agricultural and Allied Workers of'America, Local
45,,is a labor organization affiliated with. the Congress.-of Industrial
Organizations, admitting- to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
conti tct between the Com,pahy and Local 219 having 'expired on
April 19, 1945, the Company refused' to negotiate `a ' ew written ,
contract without further certification of the Board' -
A statement of a Board agent, introduced into evidence at the, hear-
ing, indicates that the A. F. of L. represents a , substantial,number,of
employees in- the unit hereinafter found appropriate 2 . ,
On'biarch 31',` 1944, the Board `certified Local 219 as bargaining 'representative'oi the
Company's , employees .,, See Matter of Larus & Brother Company, 'Inc., 54 N: L. R. B. 1345
62 N.' L. R. B 1075.
2 The Field Examiner reported that the A F. of L:was currently receiving a dues check-off
for 471 employees under the maintenance -of-membership clause of' the contract recently
expired.
The C: I. O. submitted 89 currently dated cards , bearing the names of ,employees appear-
ing on the pay roll of July 31, 1945.'. '
There are approximately 756 employees in the appropriate unit. '
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
In substantial agreement with the parties, we find that all produc-
tion and maintenance employees at the Company's manufacturing
plant at Richmond, Virginia, including porters and maids, watchmen,
truck drivers, and laboratory, advertising, and mimeographing em-
ployees, but excluding professional and technical employees,3 kitchen,
office, ' and clerical employees, and all 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 bar-
gaining within the meaning 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.
The A. F. of L. contends that the C. I. O. has not shown a sufficient
interest among the Company's employees to participate in the, elec-
tion. As noted above, the C. 1. 0. showed cards purporting to be signed
by 89 employees. We believe that this showing is sufficient to justify a
place on the ballot. The labor organizations request that they appear
on the ballot as Tobacco Workers International Union and Local 219
and Local 219-B, A. F. L., and Local 45, Food, Tobacco, Agricultural
and Allied Workers of America, C. I. O.; respectively. We will grant
the requests.'
Those eligible to vote in the election shall be all employees in the
appropriate unit who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election h@rein, sub-
ject 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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
S In the unit found appropriate in the prior representation proceeding , professional and
technical employees were not mentioned . The parties agreed at the hearing in the instant
proceeding that these employees were not covered by'the term ,"laboratory" employees
and that professional and technical employees should be specifically excluded from a bar-
gaining unit of-production workers. In accordance with the agreement of the parties and
our usual practice , we specifically exclude professional and technical employees from, the
unit found appropriate for the Company 's employees herein.
LARDS & BROTHER COMPANY, INC. 269
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Larus &,Brother
Company, Inc., Richmond, Virginia, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
frdiri'the•date of this Direction, under the, direction and supervision of
the Regional Director for'the Fifth 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' Regulations, ' among the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
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 themselves in person at the polls,' but excluding
those' employees 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 they desire to be represented by Tobacco Workers
International Union and Local 219-and-Local 219-B, A. F. L., or by
Local 45, Food, Tobacco, Agricultural `and Allied Workers of Amer-
ica, C. I. 0.,' for tie purposes of 'collective bargaining, or by neithern.