Liggett and Myers Tobacco Co.

National Labor Relations Board - Board Decisions

Jul 3, 1947

74 N.L.R.B. 443 (N.L.R.B. 1947)

In the Matter of LIGGETT AND MYERS TOBACCO COMPANY, EMPLOYER
and TOBACCO WORKERS INTERNATIONAL UNION, AFL, PETITIONER
In the Matter of LIGGETT AND MYERS. TOBACCO COMPANY, EMPLOYER
and FOOD, TOBACCO, AGRICULTURAL & ALLIED WORKERS UNION OF
AMERICA, CIO, PETITIONER
Cases Nos . 5-R-2778 and 51V-R-1, respectively .Decided July 3,
1947
Mr. E. AS. Toms and Fuller, Reade, Uinstead & Fuller, by Mr. F. L.
Fuller, of Durham, N. C., for the Employer.
Dr. R. A. Young, of Durham, N. C., for the AFL.
Air. Frank Green, of Winston-Salem, N. C., and Mr. John J. Brown-
lee, of Atlanta, Ga., for the CIO.
Mr. George M. Yagltjian, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing 1 in
these cases was held at Durham, North Carolina, on April 3, 1947,
before Harold M. Weston, hearing officer. The hearing officer's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer, a New Jersey corporation with its principal offices
and place of business in New York City, is engaged in the packing,
storage, manufacture, and sale of tobacco and tobacco products. It
maintains plants in California, Kentucky, Missouri, North.Carolina,
1 The CIO was not represented at the hearing because circumstances prevented its
representative from receiving the Notice of Consolidated Hearing duly issued and served
upon the CIO by the Board. A communication, in the nature of a brief, from the CIO
affirms its continuing interest in these cases and its acceptance in entirety of the factual
content of the present record.
74 N. L R. B, No 80. 443
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
South Carolina, Virginia, and in other States. Only the plants at
Greenville and Kinston, North Carolina, are involved in the instant
proceeding. During the 6-month period ending November 15, 1946,
the Employer processed 5 million pounds of tobacco at each of these
two plants, all of which was obtained from within the State of North
Carolina. During the same period, 95 percent of the tobacco proc-
essed at each of these plants was shipped by the Employer to points
outside the State of North Carolina.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION S INVOLVED
Tobacco Workers International Union, herein called the AFL, is
a labor organization affiliated with the American Federation of Labor,
claiming to represent employees of the Employer.
Food, Tobacco, Agricultural & Allied Workers Union of America,
herein called the CIO, is a labor organization, affiliated with the
Congress of Industrial Organizations , claiming to represent employees
of the Employer.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Employer refuses to recognize either of the Petitioners in these
cases as the exclusive bargaining representative of the employees of
the Employer, contending that there is presently no question concern-
ing the representation of employees at either plant herein concerned.
The Employer 's Greenville and Kinston plants are tobacco process-
ing plants, open only during the normal season from August to No-
vember. Prior to the commencement of these operations, the Em-
ployer ships empty hogsheads to its plants during the summer,
employing a dozen men for a few hours to unload the railroad cars.
Processing activities do not occur before the middle of August. Dur-
ing the closed season no employees are working regularly at the plants.
On October 16, 1946, the AFL filed its petition in Case No. 5-R-2778,
concerning employees at the Greenville plant and , on November 1,
1946, the CIO filed its petition in Case No. 5W-R-1, concerning
employees at the Kinston plant. On November 1, 1946, the Employer
and the Petitioners entered into a consent election agreement , covering
at least the Greenville plant. Before an election could be held, the
plant was shut-down for the year. The Employer keeps a list of its
employees who work at the plants and makes an effort to recall them
to work each season. Newspaper publish the opening date of the
tobacco market, thereby announcing the time when workers may find
LIGGETT AND MYERS TOBACCO COMPANY 445
employment at the processing plants. The Employer anticipates that
at least half the employees who will be working in the plant during
the 1946-47 season will be employees of the previous season. Under
these circumstances, the fact that the plants are not at present in
active operation due to the normal seasonal nature of their activities
has no bearing on the existence of questions concerning representation
at these plants. The Employer's motions to dismiss the petitions are
hereby denied.
We find that questions affecting, commerce have arisen concerning
the representation of employees of the Employer within the meaning
.of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
We find that all production and maintenance employees at the
Employer 's Greenville and Kinston , North Carolina , plants, respec-
tively, including truck drivers , but excluding watchmen and guards,
'buyers , office and clerical employees , foremen , assistant foremen, and
all other supervisory employees with authority to hire, promote, dis-
-charge, discipline , or otherwise effect changes in the status of em-
phoyees, or electively recommend such action ,2 constitute separate
limits appropriate for the purpose of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
As noted above, the operations at the Employer's Greenville and
Kinston plants are seasonal in nature. The plants are now closed
and will reopen for the 194 season in August. The peak of employ-
ment comes at the commencement of the season during the last part of
August. Thereafter, employment remains at a fairly constant level
,to the very end of the tobacco season in early November.
Since no persons are presently employed in the units found appro-
priate at either of the plants at this time, none of the parties seeks
an immediate election. The Employer and the AFL are in accord
that the date for the election at the Greenville plant should be set
between September 1 and 15; the CIO urges that the elecions at both
plants be set for August 15. In view of the impossibility of decid-
ing at this time the day when operations will be resumed at the
Employer's two plants, we shall set no certain date for holding the
2The Employer and the AFL entered into a stipulation with respect to the unit appro-
priate for employees at the Greenville plant. Since the record discloses that the Greenville
and Kinston plants are substantially alike in set-up and operations and the CIO has offered
no specific contention regarding the composition of the units at either plant, we conclude
that similar ,units at each plant are appropriate for bargaining purposes
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
elections, but shall direct that the elections be conducted at the plants
some time during the tobacco processing season of 1947 on a day or
days to be determined by the Regional Director among the employees
in the separate units found appropriate above, who were employed
during the pay-roll period immediately preceding the date of the
elections .3
Since the record is not wholly clear; as to the desires of the petition-
ing labor organizations to participate in the two elections to be held,
we shall provide a place for each of them on each ballot, subject to
timely withdrawal as provided in our Direction of Elections.
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot, subject
to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Liggett and Myers Tobacco
Company, Greenville and Kinston, North Carolina, separate elections
by secret ballot shall be conducted in the tobacco processing season of
1947, on a day or days to be determined by the Regional Director,
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 Sections 203.55 and 203.56, of National
Labor Relations Board Rules and Regulations-Series 4, among the
employees in the respective units 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 vaca-
tion 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 dis-
charged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by Tobacco Workers International Union, AFL, or by Food,
Tobacco, Agricultural & Allied Workers of America, CIO, for the
purposes of collective bargaining, or by neither.
CHAIRMAN HLRZOG took no part in the consideration of the above
Decision and Direction of Elections.
3 Matter of Greenwich Oyster Company, 73 N. L. R B 1459.
4 Any participant in the elections herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed from the ballot.