Parke Davis & Co.

National Labor Relations Board - Board Decisions

Oct 8, 1943

52 N.L.R.B. 1251 (N.L.R.B. 1943)

In the Matter of PARKE DAVIS & Co. and FEDERAL LABOR UNION,,
LOCAL 20734, A. F. L.
Case No. 2-R-4189.-Decided October 8, 1943
Mr. J. K. Worley, of Detroit, Mich., for the Company.
Mr. J. Buitenkant, of New York City, for the Union.
Mr. David V. Easton., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
'STATEMENT OF THE CASE
Upon petition duly filed by Federal Labor Union, Local 20734,
A. F. L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees
of Parke,Davis & Co., New York City, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Daniel Baker, Trial Examiner.
Said hearing was held at New York City on September 7 and 13,
1943. The Company and the Union 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 hearing are free from
prejudicial 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. THE BUSINESS OF THE COMPANY
Parke Davis & Co., a Michigan corporation, is engaged in the
manufacture and distribution of pharmaceutical and allied prod-
ucts. In the course and conduct of its business it maintains offices
and warehouses in many cities throughout the United States. We
are concerned herein with the employees engaged in the Company's
52 N. L. R. B., No. 210
549875-44-vol. 52-SO 1251
1252 DECISIONS OF N'ATION 'AL LABOR RELATIONS BOARD
warehouse and office located at 181 Hudson Street, New York City.
The Company receives annually at its Hudson Street warehouse
and office products valued in excess of $500,000, all A which are
shipped to the warehouse and office from points outside the State
of New York. The Company ships products from said warehouse
and office valued in excess of $500,000 annually, 50 percent of
which is destined for points outside the State of New York. The
Company has contracts with various governmental agencies, under
which its products are supplied for use in the national war effort;
.it admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Federal Labor Union, Local 20734, is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
bargaining representative of certain of its employees on the ground
that the unit sought by the latter is not appropriate.
A statement of the Acting Regional Director, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.l
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union, already the bargaining representative of the ware-
house employees, seeks to represent as a unit the employees in the
Shipping and Order Department (including the employees engaged
at the City Desk), and in the Invoice Department of the Company,
but excluding foremen and supervisory employees. The Company
contends that the entire office personnel at its Hudson Street office
should be included within the unit.
The record discloses that the Company's Hudson Street office is
composed of 14 departments, each of which is a substantially inte-
I The Acting Regional Director stated that the Union submitted 29 application cards, 23
of which bore apparently genuine original signatures of persons whose names appeared on
the Company 's pay roll of July 31, 1943 . Said pay roll contained the names of 49 employees
in the appropriate unit.
PARSE DAVL9 & CO. 1253
grated unit, performing duties in relation to matters which are, for
the most part, not concerned with matters handled by other depart-
ments. The Company's usual policy has been to maintain the in-
tegrity of each department, and under normal conditions it makes
no departmental interchange of personnel; however, due to the loss
of employees caused by the national emergency, the Company has
been forced to make several departmental transfers, none of which
appears to have been made on a permanent basis 2 There is a
close functional relationship between the employees engaged in the
Shipping and Order Department, the Invoice Department, and the
Warehouse, which latter group the Union now represents. This re-
lationship is based both upon their duties and their physical location,3 a
fact recognized by the Company, which has placed both departments
together with the warehouse under the personal supervision of the,
same executive. Had the Union in its petition sought a unit con-
sisting of the employees of the two departments together with the
employees engaged in the warehouse, we would have found such a
unit appropriate. However, apparently the Union sought a unit
consisting only of the two departments because it already has been
recognized as the representative of the warehouse employees. Under
these circumstances, we shall find appropriate the unit which the
Union seeks herein, and if chosen as the representative of the em-
ployees in that unit the Union may then bargain for them, together
with the employees of the warehouse as a single group, if it so desires.
We find, therefore, that all employees of the Company at its Hud-
son Street office engaged in the Shipping and Order Department
(including the employees engaged at the City Desk) and the Invoice
Department, excluding foremen and supervisors of each department,
executives, and all other supervisory employees with authority to
1
2 The record discloses that for almost a year certain employees have regularly performed
work in departments other than their own for cetain portions of the week ; however, this
is not sufficient to wairant a finding that there is no delineation between departments,
inasmuch as the major portion of such employees ' work is performed in the departments to
which they are assigned.
3 Warehouse employees occupy the basement, most of the first floor , and part of the
second floor of the building with which w e are concerned herein The employees of the
two departments winch the Union is presently seeking to represent occupy the balance of
the first (where the City Desk employees who are part of the Shipping and Order Depart-
ment are located ) and second floors Both departments are concerned with domestic
orders. These go first to the Shipping and Order Department for processing There, em-
ployees , designated by the Company as "order censors ," not only check the credit of the
customers from information available in the department but also check with the warehouse
with respect to the availability of stock ordered. This entails frequent trips betwVeen the
Shipping and Order Department and the warehouse as well as close cooperation between
the two. Both checks proving satisfactory, the order is forwarded to the Invoice Depart-
ment for the preparation of invoices , the checking of prices , and the assembly of all papers
in connection with the order. Thereafter a copy of the nn oice is forwarded from the
Invoice Department, together with any special instructions that might be necessary, to the
warehouse for filling . Thus, uncomplicated domestic orders would be received , filled, and
sent out, and the transaction handled almost entirely, for all practical purposes, by the
three departments.
1254 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
hire, promote, discharge , discipline , or otherwise effect changes, in
the status of employees , or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 -(b) of the Act.4
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question - concerning representation which has
arisen can, best be resolved by an election by secret -ballot; 'The
Union, desires that eligibility. to vote.be determined-)a's, ' ,of. July; 13,
1943, on the ground that the manager of internal operations of the
Company testified that the Company would like to increase its per-
sonnel by approximately 25 percent. However, he also testified that
he had little hope of being able to do so because of the present man-
power shortage. In any event, the reason advanced by the Union
is not so persuasive as to warrant a departure from our' customary
practice, and we shall direct that the employees of the Company
eligible to vote in the election shall be those in the appropriate unit
who were employed during the pay-roll period immediately pre-
ceding 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Parke Davis & Co.,
New York City, 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 Regulations, among the em-
ployees 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
Our finding herein is based upon the close functional relationship between the depart-
ments involved and the warehouse which the Union already represents. It is not to be
interpreted as indicating that,we would find that other departments of the Company, either
separately or in combination , constitute separate appropriate units.
PARKE DAVIS & -CO. 1255
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,
to determine whether or not they desire to be represented by Federal
Labor Union, Local 20734, affiliated with the American Federation
of Labor; for-the purposes of collective bargaining.