Mid-State Frozen Egg Corp.

National Labor Relations Board - Board Decisions

Sep 30, 1942

44 N.L.R.B. 661 (N.L.R.B. 1942)

In the Matter Of MID-STATE FROZEN EGG CORPORATION and 'UNITED
CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF
AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-4224.-Decided September 30, 1942
Jurisdiction : egg powder producing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to. accord petitioner recognition until certified by the Board; laid-off
employees whose expectation of recall was in dispute, permitted to vote subject
to challenge ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, except clerks, office employees, foremen, foreladies, assistant fore-
men, assistant foreladies, watchmen, and-other supervisory employees; stipu-
lation as to.
Mr. Foe W. Patrick and Mr. Hw-ry C. Partlow, of Indianapolis,
Ind., for the "Company.
Mr. Powers Hapgood, Mr. Elmer Whitman; Mr. Howard L. Mc-
Namara and Mr. Paul L. E7zea, of Indianapolis, Ind., for the Union.
Mr. Wm. C. Baisinger, Jr., of counsel to the board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Cannery, Agricultural, Packing
,and Allied Workers of America, affiliated with the C. I. 0., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Mid-State Frozen
Egg Corporation, Indianapolis, Indiana, herein called the Company,
the National Labor Relations Board provided , for an appropriate
hearing upon due notice before Arthur R. Donovan, Trial Examiner.
Said hearing was held at Indianapolis, Indiana, on August 28, 1942.
The Company and the Union appeared, participated, and were af-
forded 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.
44 N. L. R. B., No. 120.
'661
I
662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case the Board makes the- following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mid-State Frozen Egg Corporation is an Illinois corporation en-
gaged at Indianapolis, Indiana, in producing dried whole egg powder,
by spray process, from shell eggs broken out in its plant and from
canned frozen whole eggs. Approximately 60 percent of the raw
materials used by the Company, consisting of shell eggs and canned
frozen eggs, is purchased outside the State of Indiana. The total
value of raw materials purchased for the 6-month period ending
May 31, 1942, was approximately $3,659,150. During the same period
the Company, produced- 2,800,000-pounds of dried, egg, powder of ran
approximate value of $2,547,200 of which approximately- 99 percent
was sold to the United States government agencies, for use in the war
effort, and shipped outside the State of Illinois. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act. '
II. THE ORGANIZATION INVOLVED
United Cannery, Agricultural, Packing and Allied Workers of
America, is a labor organization affiliated with the Congress of In-
dustrial Organizations. It admits to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
At various times during June and July 1942, the Union requested
the Company to recognize it as the exclusive bargaining agent for the
Company's employees in the unit hereinafter found to be appropriate,
but the Company refused to recognize the Union until it had been
certified by the Board. A statement by the Regional Director shows
that the Union represents a substantial number of employees in the unit
hereinafter found to be appropriate'
1 The Regional Director's statement shows that the Union submitted to him 55 appli-
cation-for-membership raids dated as follows : 43 between June 1 and July, 1, 1942, 7
between July 1 and August 1 194?, and 5 undated All the sr"natures affixed to said
cards appear to be genuine, original signatures , and 36 of there signatures ate names 'of
persons on the Company 's pay roll of-July 25, 1942 , which contains 117 names The
Regional Director further, stated" that the Union submitted to him an affidavit filed by
an organizer of the Union to the effect that a, number of the Company's employees had
specified their desire to join the Union but deferred such action for fear that they would
be discriminated against by the Company and that a number of other employees who had
signed union cards had requested the return of said cards after the local union president
had been discharged by the Company
MID-STATE FROZEN EGG CORPORATION 663
We find that;a question, affecting Fcommerc6 has arigen''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
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company,, except clerks,
office employees, foremen, foreladies, assistant foremen, assistant fore-
ladies, watchmen, and other supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. TAE 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.
The Company and the Union are in disagreement as to the eligibility
of certain persons to vote. The Company contends that these per-
sons, former employees, are not eligible to vote because they are 'no
longer employed by the Company and are not entitled to employment
by it. The Union contends that these persons are entitled to em-
ployment by the Company, by virtue of an agreement which the Com-
pany made with the Union previous to a general lay-off of employees
and` in which the Company promised that, at,the time, operations were
resumed, it would recall the persons laid off, in accordance with their
previous seniority -rating.2 The Union further contends that these
persons are employees within the meaning of the Act and are eligible
to vote.
We shall direct that these persons be allowed to vote, subject to chal-
lenge; and if their votes prove decisive in determining the results of
the election, we shall determine their status on challenge. We shall
2 This agreement resulted from a conference held on June 18, 1942, 2 days before the
Company closed its plant A few days later the Company resumed operations and began
recalling the pet sons, land off and appears to have substantially complied with the agree-
ment, except that it did not recall any of the pedsons in dispute These pedsous were
hired between June 9.and 18 , 1942, and worked exclusively in the breaking and candling
departments The Company contends that these persons were employed for the specific
purpose of handling the extra supply of eggs which the Company had on hand at that time
and they were consideded as temporary employees by the Company
These persons' names appear on a list made up by the Company on June 7, 1942, and
delivered to the Union at its request . This list contains the names of all persons on the
Company's pay roll of June 20, 1942, the date each was hired and the date each as laid
off, discharged, or quit, as the case may be, and the date he was recalled The Union
contends , that this list is a seniority list to be used in determining the older in which
the persons whose names appear thereon, should be recalled The Company contends;_that
the-list was merely a list of the pay roll of June 20, 1942 ; that it was huriiedly compiled,
and due to an oversight , the names of persons in dispute were placed thereon and not
designated as temporary employees.
664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
further direct that Nellie Svendsen , a former employee of the Com-
pany, who is involved in discrimination charges filed by fhe Union
with the Regional Director,' be permitted to vote in the election, but
we shall direct the Regional Director to impound her vote pending the
outcome of said charges.
The election shall be held among the employees in the appropriate
unit, who wereSemployed during the pay-roll period immediately pre-
ceding the date of our Direction of Election , subject to the limitations
and additions indicated above, and 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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Mid - State Frozen
Egg Corporation, Indianapolis, Indiana, 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 super-
vision of the Regional Director ' for the Eleventh Region, acting in
this matter as agent for the National Labor-Relations Board, and sub-
ject to Article III, Section 9, 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 those employees whose status is in
dispute, and Nellie Svendsen , under the limitations set forth in Sec-
tion V, above, and further including employees who did not work dur-
ing said period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding employees who have since quit or been discharged
for cause , to determine whether or not they desire to be represented
by United Cannery, Agricultural, Packing and Allied Workers of
America, for the purposes of collective bargaining.
MR. Wm . M. LEISERSON took no part in the consideration of the above
Decision and Direction -of Election.
$Matter of.Mid-State Frozen Egg Corporation and United Cannery , Agiicultwal and
Allred Woiker ,e of Anieuica, affiliated with the 0 1 0, XI-C-1064.