Robbins Packing Corp.

National Labor Relations Board - Board Decisions

Mar 8, 1957

117 N.L.R.B. 567 (N.L.R.B. 1957)

ROBBINS PACKING CORP. 567
Robbins Packing Corp.' and Local No. 360, Seafood Workers
Union, Amalgamated Meat Cutters & Butcher Workmen of
North America, AFL-CIO, Petitioner . Case No. 4-RC-3231.
March 8,1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act a hearing was held before Joseph A. Weston,
hearing officer .2 The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Leedom and Members
Murdock and Rodgers].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act 3
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act: 4
1 The name of the Employer appears as amended at the hearing.
2 The petition herein, which was consolidated with that in Case No. 4-RC-3232 for
purposes of hearing , is hereby severed therefrom
• The Employer contends that the petition herein, filed on December 6, 1956, is barred
by the terms of the Board Order of November 9, 1956, in Case No. 4-RC-2895 , permitting
withdrawal of a prior petition by Local 56 , Butcher Workmen , for the employees involved
herein , with 6 months prejudice to its filing of a new petition . The Petitioner herein con-
tends that it is a different labor organization from Local 56, while the Employer contends
it is a successor to Local 56 and bound by the terms of the Order . Prior to withdrawal
of its petition , Local 56, an Amalgamated local, represented employees in a variety of
industries , including employees in the oyster industry in and around Port Norris, New
Jersey, where the Employer is located. At sometime prior to such withdrawal the Port
Norris oyster industry employees became dissatisfied with representation by Local 56
and sought the establishment of a local devoted exclusively to their own affairs and
under their control As a result , on October 17, 1956, about 100 oyster industry em-
ployees voted to withdraw from Local 56 and establish their own seafood local . A charter
was immediately applied for and was granted on October 24 , 1956 Local 56 continues
to exist and represent other employees . The officers and trustees of Local 360 , with two
exceptions , did not previously hold office in Local 56 Although Local 56 did not oppose
the formation of Local 360 , and is presently permitting Local 360 to occupy its Port Norris
office without payment of rent, Local 56 does not otherwise appear to be assisting Local
360. Nor does it appear that circumvention of the Board 's Order was a factor motivating
the organization of Local 360. Under all the circumstances , we find in agreement with
the Petitioner that the terms of the Board Order permitting withdrawal of the Local 56
petition do not apply to Local 360 , and that the petition is accordingly timely.
4 The parties stipulated as to the appropriate unit.
117 NLRB No. 82.
568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All packinghouse employees at the Employer's Port Norris, New
Jersey, operation, excluding bookkeepers, office clerical employees,
timekeepers, foremen other than working foremen, managers, boat
captains, crewmen, and all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
A. K. Allen Co., Inc., American Hydrolube Corp ., Precision Disc
Grinding Corp ., and Small Lot Turning, Inc. and District 15,
International Association of Machinists, AFL-CIO. Case No.
2-CA-4816. March 12,1957
DECISION AND ORDER
On August 28, 1956, Trial Examiner C. W. Whittemore issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent Companies had engaged in and were engaging in certain
unfair labor practices in violation of Section 8 (a) (5) and (1) of the
Act, and recommending that they cease and desist therefrom and take
certain affirmative action, as set forth in the copy of the Intermediate
Report attached hereto. Thereafter, the Respondent Companies filed
exceptions to the Intermediate Report.
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions, and the entire record in the case, and
hereby adopts the findings, conclusions, and recommendations of the
Trial Examiner, with the following additions.
The Respondent Companies contend that the four-company unit
held appropriate by the Board in the earlier representation case is
inappropriate.' The Board therein found that the four Respondent
Companies constitute a single, integrated enterprise and Employer
and that the production and maintenance employees of the four com-
panies constitute a single appropriate unit. The record shows that
the only change in the Employer's operations since the Board's earlier
decision is a change of address for Small Lot Turning, Inc., which in
early 1956 moved from its former common location with the other
three companies at 57 Meserole Avenue, Brooklyn, New York, to a
separate location at 65 Rushmore Street, Westbury, Long Island.
Upon the entire record of both the representation case and the in-
stant complaint case, we find that the change with respect to Small Lot
Turning, Inc., is insufficient to affect our earlier unit finding that the
I Case No 2-RC-7357, not reported in printed volumes of Board Decisions and Orders
117 NLRB No. 89.