Loose-Wiles Biscuit Co.

National Labor Relations Board - Board Decisions

Apr 12, 1944

55 N.L.R.B. 1238 (N.L.R.B. 1944)

In the Matter of LoosE-W1LEs Biscuit COMPANY and UNITED CRACKER
WORKERS OF GREATER NEW YORK, LOCAL 25, U. R. W. D. S. E. OF
A., C. 1. 0.
Case No. PR-41531.-Decided April 12, 194.4
Mr. William A. Ferguson, of Long Island City, N. Y., and Pros-
kauer, Rose, Goetz, and Mendelsohn, by Mr. Arthur P. Reyman, of
New York City, for the Company.
Markewich, Rosenhaus and Markewich, by Mr. Arthur K. Garfinkel,
of New York City, for the C. 1. 0.
Messrs. Kalman Sklar and Daniel Koonmen, of New York City, for
the A. F. L.
Mrs. Platonia P. Kaldes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Cracker Workers of Greater
New York, Local 25, United Retail, Wholesale & Department Store
Employees of America, C. I. 0., herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Loose-Wiles Biscuit Company, Long Island
City, New York, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Martin I. Rose, Trial Examiner. Said hearing was held at
New York City, on March 14 and 16, 1944. During the course of
the hearing, Biscuit and Cracker Workers Local Union No. 405,
Greater New York and Vicinity, Biscuit and Cracker Workers Inter-
national Union of America, A. F. L., herein called the A. F. L., moved
to intervene in the proceedings. The Trial Examiner granted the
motion. The Company, the C. I. 0., and the A. F. L. appeared and
participated. All parties 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
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
55 N. L. R. B., No. 225 .
1238
LOOSE-WILES BISCUIT COMPANY 1239
Upon the entire record in the case, the board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Loose-Wiles Biscuit Company is a New York corporation engaged
in the manufacture, sale, and distribution of biscuit, cakes, and crack-
ers. Among many others, the Company operates a plant at Long
Island City, New York, with which we are solely concerned in this
proceeding. During the year 1993, the Company purchased mate-
rials for its Long Island City plant valued at more than $1,000,-
000, of which approximately 66 percent was shipped to that plant from
points outside the State of New York. For the same period, the
sales value of the Long Island City plant's finished products was
more than $1,000,000, of which approximately 75 percent was shipped
to places outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
United Cracker Workers of Greater New York, Local 25, United
Retail, Wholesale & Department Store Employees of America, af-
filiated with the Congress of Industrial Organizations, is a labor or-
ganization admitting to membership employees of the Company.
Biscuit and Cracker Workers Local Union No. 405, Greater New
York and Vicinity, Biscuit and Cracker Workers International Union
of America, affiliated with the American Federation of Labor, is a
labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of its employees until the
C. I. O. has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.'
1 The Field Examiner reported that the C I. 0 submitted 1,117 application cards, that
there were 1,956 employees in the unit petitioned for, and that the cards were dated as
follows : 652 in December 1943 ; 452 in January 1944; and 1 ,3 were undated.
The A . F. L submitted 364 application cards to the Trial Examiner all of which bore
apparently genuine original signatures . The names of 72 persons appearing on the cards
were contained in the Company ' s pay roll of December 30, 1943. These 72 cards were dated
as follows : 16 were dated in November and December 1939; 26 in January-December
1940; 27 in January-December 1941; and 3 in February-Dlai ch 1944.
The undisputed evidence establishes that in 1941 and 1943, the A. F. L. wrote to the
Company claiming to represent a majority of its employees in the Long Island City plant
1240 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
According to the stipulation of the parties, we find that all full-time
employees and all part-time employees working 20 hours or more
weekly at the Company's Long Island City plant and garage '2 and
including employees in the sample room and retail store, but exclud-
ing office and clerical employees, night loaders, shipping checkers,
drivers, truck loaders, truck unloaders, executives, superintendents,
foremen and foreladies, assistant foremen and assistant foreladies, in-
structresses and all other 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 bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The parties have requested that the pay roll of January 3, 1944,
be used as the eligibility date. The record fails to disclose any sub-
stantial supporting basis for such a request. Accordingly, we shall
adhere to our usual practice.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject 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, it is hereby
and requesting bargaining rights ; that for 2 years following November 14, 1941, there was
in existence a closed-shop agreement between the Company and the C I. 0. which re-
quired new employees to join the C. I. O.-as a condition of employment and all other
employees who were not members to join within 90 days from the date of the agreement;
and that since December 5, 1941, the A F. L has been the charging union in three separate
cases before the Board, in two of which the Board has issued orders based upon the
stipulations of the parties (Cases Nos. C-2009 and 2-C-4103 respectively), and in the
last of which the Boaid has refused to issue a complaint ( Case No 2-C-5413). Despite
the C. I. O.'s contentions to the contrary , we are of the opinion that , under the circum-
stances, the A. F. L. has evidenced sufficient interest to warrant a place on the ballot in
the election hereinafter directed.
2 The garage is an adjunct of the Long Island City plant.
LOOSE-WILES BISCUIT COMPANY 1241
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Loose-Wiles Bis-
cuit Company, Long Island City, New York, 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 Second 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 Regula-
tions, 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 the 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 any 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
United Cracker Workers of Greater New York, Local 25, U. R. W.
D. S. E. of A., affiliated with the Congress of Industrial Organizations,
or by Biscuit & Cracker Workers Local Union No. 405, Greater New
York and Vicinity, B. & C. W. I. U. of A., affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.