Martin Food Products, Inc.

National Labor Relations Board - Board Decisions

Mar 20, 1945

60 N.L.R.B. 1346 (N.L.R.B. 1945)

In the Matter Of MARTIN FOOD PRODUCTS, INC. and LOCAL 718, INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN & HELPERS OF AMERICA, A. F. OF L.
Case No. 13-R-28412.Decided March, 20, 1945
Messrs. Pritzker, Pritzker do Clinton, by Mr. Stanford Clinton, of
Chicago, Ill., for the Company.
Mr. Kenneth M. Hindley, of Chicago, Ill., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 718, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen & Helpers of America,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Martin Food Products, Inc., Chicago, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before J. G. Evans, Trial Examiner.
Said hearing was held at Chicago, Illinois, on February 8, 1945. The
Company and the Union 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 preju-
dicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
Martin Food Products, Inc., is an Illinois corporation with a plant,
involved in this proceeding, located at Chicago, Illinois. It is there
engaged in the manufacture, sale, and distribution of fruit and other
60 N. L R . B, No. 235.
1346
MARTIN FOOD PRODUCTS, INC. 1347
food products. During the year 1944 the Company's purchases
amounted to more than $750,000, of which approximately 90 percent
came from points outside the State of Michigan. During the same
period, the Company processed, manufactured, and distributed fin-
ished products of a value in excess of $1,000,000, of which approxi-
mately 89 percent was shipped to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 718, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen R Helpers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
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.
1V. TIIE APPROPRIATE UNIT
the Union seeks a bargaining unit consisting of all employees of
the Company's plant at Chicago, Illinois, excluding office and plant
clerical employees, and supervisory personnel. The Company con-
tends that this plant-wide unit is not appropriate and urges that
separate units be established for (1) production employees, (2) main-
tenance-or skilled employees, and (3) warehouse or shipping depart-
ment employees. The parties are also in disagreement with respect
to the inclusion and exclusion of certain fringe employees.
Production employees manufacture or process food products. Re-
ceiving and shipping workers receive and store incoming raw mate-
' The Field Examiner reported that the Union submitted 126 application for membership
cards ; that the names of 68 persons appearing on the cards were listed on the Company's
pay roll of January 20 , 1945 , which contained the names of 138 employees in the alleged
appropriate trait ; and that 48 of the cards were dated in November 1944, 9 in January
1945, and 11 were undated The record shows that the cards submitted indicate that the
Union has substantial representation in each of the units claimed by. the Company as
appropriate.
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rials, stack merchandise received from the production employees, and
assemble and load on trucks or cars merchandise required for dis-
tribution. The maintenance employees, comprising the operating
engineer, millwright and electrician, operate the boiler plant. and
maintain machinery and plant facilities in good operating condition.
All these employees perform their functions in one building, where
the raw materials - are received, processed, manufactured, packed,
stored, and shipped. Moreover, the Union has substantial repre-
sentation among the employees in each of the groups the Company
would establish as a separate unit. Under these circumstances, we
are of the opinion that a plant-wide unit is appropriate.
There remains for consideration certain employees whom the Com-
pany would exclude, and the Union seeks to include.
Preserve department night supervisor. He is in charge of five or
six employees on the night shift. He is a working supervisor, spend-
ing approximately 75 percent of his time in manual work and 25 per-
cent in supervising. It appears from the record that he receives ap-
proximately 15 percent higher pay than the employees he supervises.
It also appears that he has authority to recommend effectively the hire-
and discharge of employees under his supervision. Accordingly, we
shall exclude him from the unit.
Preserve department test clerk.3 She operates a refractometer,
which records the percentage of concentration of the preserve. She.
records the results of her tests on appropriate forms. She works the-
same hours as the other employees but receives 5 to 10 cents an hour
more than the average rate in the preserve department, which is 50.
to 65 cents an hour. The record shows that the tests-she makes are
routine in nature. Accordingly, we shall include her in the unit .4
- Mechanic-millwright.5 He is a skilled mechanic and a millwright.
by trade. His duties consist of maintaining the machinery and plant
facilities in good operating condition and making such repairs as are
necessary. Exercise of his alleged supervisory function is confined to^
his helper, who is a licensed electrician. The helper is responsible for
the repair and maintenance of all electrical machinery and "under-
stands" the repair and maintenance of the other plant machinery as
well. They apparently work together on the same type of work. Al-
though there is testimony that the mechanic-millwright has the power
to recommend with respect to the hire and discharge of his helper, we
believe that their relationship is more that of journeyman and appren-
tice than supervisor and subordinate. Accordingly, we shall include-
the mechanic-millwright:
2 Jack Washington
3 Veronica Chruscinski.
See Matter of Lowe Brothers Co , 32 N L R B 369.
Ed Khuse.
MARTIN FOOD PRODUCTS, INC. 1349
Shipping clerk's assistant." There are about 16 employees in the
shipping and warehousing department under the shipping clerk or
general supervisor. His assistant helps in receiving and shipping
merchandise, and in checking weights and quantities against bills of
lading and orders. During the not infrequent absences of the ship-
ping clerk, the assistant is in full charge. The assistant's duties are
clerical, when not supervisory. Accordingly, we shall exclude the
shipping clerk's assistant from the unit.
Shipping department stockman., His work appears to consist pri-
marily of stocking merchandise. He works independently part of the
time, and supervises and works the remainder of the time with a crew
of varying composition consisting of six employees. He receives
approximately 16 percent more than the employees who are assigned
to work under him. The record is not clear as to his authority to rec-
ommend the hire and discharge of employees. At one point the Com-
pany's plant superintendent testified that this employee is not a super-
visor with authority to rcolmnend, but merely one whose duty it is to
transmit orders and work along with the crew. At another point the
same witness stated that this employee has authority to recommend
hiring and discharging. Under all the circumstances, we are not con-
vinced that he is a supervisory employee within the meaning of our
usual definition, and we shall include him.
We find that all employees of the Company's Chicago, Illinois, plant,
including the preserve department test clerk, the mechanic-millwright,
and the shipping department stockman, but excluding all office and
plant clerical employees, the shipping clerk's assistant, the preserve
department night supervisor, 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.8
V. THE DETERMINATION OF REPRESENTATIVES
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.
6 Benny Dumlao.
7Jake Starkey.
8 The parties agree, and we find , that Baskind , Bill Meyer, Violet Slomiany , Harriet
Latas, Lottie Janus, Bradley Gardner, Marge McMahon, Virgil Danielson , Mary Kalousek,
and Al Kaplan are supervisory employees within the meaning of our customary definition.
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Martin Food Prod-
ucts, Inc., Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Thirteenth 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 or not they desire to be represented by
Local 718, International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen & Helpers of America, A. F. of L., for the purposes of col-
lective bargaining.