Procter & Gamble Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 28, 1943

50 N.L.R.B. 886 (N.L.R.B. 1943)

i In the Matter of PROCTER & GAMBLE MANUFACTURING Co. and INTER- NATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION7 LOCAL No. 218, C. 1. 0. Case No. 464.-Decided June 28, 1943 Mr. George W. McLaughlin, of New York City, for the Company., Mr. Donald Vestal, of Dallas, Tex., for the Longshoremen. Mr. Ely Straus, of Dallas, Tex., for the Association., Mr. Louis Cokin, of counsel to the' Board: DECISION AND. DIRECTION OF ELECTION STATEMENT OF THE CASE Upon,petition and amended petition duly filed by International Longshoremen's and Warehousemen's Union, Local No. 218, C. I. O., herein called the Longshoremen, alleging that a question affecting commerce had arisen concerning the representation of employees of Procter & Gamble Manufacturing Co., Dallas, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ralph S. Clifford, Trial Examiner. Said hearing was held at Dallas, Texas, on May 27, 1943. The 'Company, the Longshoremen, and Procter & Gamble Employees Protective Association, herein called the Association, appeared, par- ticipated, 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Procter & gamble Manufacturing Co. is engaged in the manufac- ture of soap and edible products at its, Dallas, Texas, plant. ' The volume of the Company's business at its Dallas plant exceeds:,$50,000 annually, approximately 37 percent of which is shipped 'in and out of the State of Texas. 50 N. L. It. B., No. 129. 886 ' PROCTER & GAMBLE MANUFACTURING CO. 1I. TIIE ORGANIZATIONS INVOLVED 887 International Longshoremen's and Warehousemen's Union, Local No. 218, is a labor organization affiliated with the Congress of Indus- trial Organizations, admitting to membership employees of the Company. Procter & Gamble Employees Protective Association is an unaffili- ated labor organization, admitting to'membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 3, 1943, representatives of the Longshoremen and the Company met, at which time the Longshoremen requested that the Company recognize it as the exclusive collective bargaining repre 'sentative of the employees at the Dallas plant. Upon being refused recognition, the representatives of the Longshoremen stated that the Longshoremen would file a petition with the Board for an election. The Company and the Association take the position%that the petition snodd be dismissed because of an existing contract between,them. The Association has had exclusive bargaining contracts with the Company since 1937. On May 1, 1943, the Association and the Com- pany entered into a new exclusive bargaining contract to run for a period of 1 year. It is this contract that the Association and the Company contend is a bar to the instant proceeding. Inasmuch as the Longshoremen had notified the Company'of its claim to exclusive recognition and of its intention to file a petition, prior to the execution of the contract between the Association and the Company, we find that said contract does not constitute a bar to a determination of representatives at this time. Statements of a Field Examiner of the Board and the Trial Ex- aminer, introduced into evidence at the hearing, indicate that the Longshoremeri represents a substantial number of employees in the unit hereinafter found to be 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Longshoremen urges that all production employees of the Com- pany, including watchmen and laboratory employees, but excluding 3 The Field Examiner and the Trial Examiner'reported that the Longshoremen presented 127 membership application cards bearing apparently genuine signatures of persons whose .names appear on the Company's pay roll of May 2, 1943 . There are approximately-321 employees in the appropriate unit. The Association did not present any evidence'of • repre- sentation but relies upon its contract as evidence of its interest. , 888 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD technical , plant clerical, office, and supervisory employees , constitute an appropriate unit . The only controversy with respect to the unit concerns plant clerical and office employees. The Company has employees classified by it as yardmasters , secre- taries to operating , foremen, and production iecord clerks. All such persons work in the plant proper. The Longshoremen requests that they be excluded from the unit and the Company,and the Associa- tion that they be included . In addition , the Company employs vari- ous types of clerical employees iii - its office. The Longshoremen requests that the office employees be excluded from the unit while the Association urges • that they be included . The Company takes no position with regard to the office employees . The record indicates that the duties of both the plant clerical and office - employees are purely clerical in nature . It is obvious that the status and function, of clerical employees is essentially different _ from the status and function of employees who do , manual labor . Since no affirmative showing has been made nor any compelling arguments advanced as to why we should depart from' our usual practice of excluding office and clerical employees from, a unit composed of production and maintenance employees , we shall,,exclude the plant clerical and office employees from the unit. • . We find that all production employees at the Dallas plant of the Company, including watchmen and laboratory employees, but exclud- ing technical , plant clerical , otlice, and all supervisory employees with authority to hire, discharge , discipline , or otherwise effect changes in the status of employees , or effectively recommend such action , consti- tute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESEN TA1I\ ES We find that the question concerning representation which hats` arisen can best be resol\-ed by means of an election by secret ballot. The Company and the Association request that the pay roll of May ,2, 1943, be used to- determine eligibility to,vote. The Longshoremen requests that _a current pay roll be ' used for that purpose. Inasmuch as no reason appears as to why we should , depart from our' usual prac- tice, we shall -direct that the employees eligible to vote in the election shall be those within 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 y i'rtue of and pursuant to the power vested"in the National Labor Relations Board by Section 9 (c) of the National Labor Relations I PROCTER & GAMBLE MANIUFACTURMTG 00. 889 Act , and-,pursuant to Article III, Section 9, 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 purposes of collective bargaining with Procter & Gamble Manufacturing Company, Dallas, Texas , 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 Sixteenth Region, acting in this natter as agent for the National Labor Relations Board, and sub- ject to Article III, Section 10, 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 tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls , but exclud- ing any who have since quit or been discharged for cause to determine whether they desire to be represented by International Longshoremen's and Warehousemen 's Union, Local No. 218, affiliated with the Con- gress of Industrial Organizations , or by Procter & Gamble Employees Protective Association , for the purposes - of collective bargaining, or by neither. r t