Salem Produce Co.

National Labor Relations Board - Board Decisions

Jun 20, 1945

62 N.L.R.B. 641 (N.L.R.B. 1945)

In the Matter of G. F. WINGERT, L. F. WINGERT, AND J. B. WINGERT,
CO-PARTNERS, D/B/A SALEM PRODUCE Co. and AMALGAMATED MEAT
CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL 52,
AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL 749, A. F. OF L.
Case No. 18-R-1293.Decided June 20, 1945
Mr. G. F. Wingert, of Minneapolis, Minn., for the Company.
Mr. Max Crowell, of Sioux Falls, S. D., and Mr. William V. Sinnott,
of Watertown, S. D., for the Unions.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon joint petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 52, and International Broth-
erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
Local 749, A. F. of L., herein collectively called the Unions, alleging that
a question affecting commerce had arisen concerning the representation
of employees of G. F. Wingert, L. F. Wingert, and J. B. Wingert, co-
partners, d/b/a Salem Produce Co., Salem, South Dakota, herein called
the Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Stephen M. Reynolds, Trial Exam-
iner. Said hearing was held at Salem, South Dakota, on May 25, 1945.
The Company and the Unions 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
62 N. L R. B, No 82
641
612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
G. F. Wingert, L. F. Wingert, and J. B. Wingert, co-partners, d/b/a
Salem Produce Co., are engaged in the poultry and egg business at Salem,
South Dakota. The Company annually purchases supplies from points out-
side the State of South Dakota, valued in excess of $25,000. During 1944
the Company sold produce valued at about $1,500,000, all of which was
shipped to points outside the State of South Dakota.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North America,
Local 52, and International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America; Local 749, are labor organizations
affiliated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Unions as the'exclusive collective
bargaining representatives of its employees until such time as the Unions
are certified by the Board.
A statement of the Trial Examiner, read into evidence at the hearing,
indicates that the Unions represent 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 Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find in substantial accord with a stipulation of the parties, that all
employees at the-Salem, South Dakota, plant of the Company, excluding
clerical employees, plant manager, plant superintendent, and any other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for' the pur-
poses of collective bargaining, within the meaning of Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
1 The Trial Examiner reported that the Unions presented 28 authorization cards. There .ii e
approximately 50 persons in the appropriate unit
SALEM PRODUCE CO 643
arisen be resolved by means of 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.
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 representatives
for the purposes of collective bargaining with G. F. Wingert, L. F.
Wingert, and J. B. Wingert, co-partners, d/b/a Salem Produce Co.,
Salem, South Dakota, 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 Eighteenth 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 appro-
priate 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 the 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 any 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 jointly by Amal-
gamated Meat Cutters and Butcher Workmen of North America, Local
'52, and International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local 749, A. F. of L., for the purposes of
collective bargaining.