Shoreland Freezers, Inc.

National Labor Relations Board - Board Decisions

Apr 30, 1954

108 N.L.R.B. 723 (N.L.R.B. 1954)

SHORELAND FREEZERS, INC. 723
defense area installations at Vashon Harbor, Manchester, and
Winslow, Washington. The nature of these latter installations
is not completely disclosed by the record, but the importance
of their role in our Nation's defense may be inferred from
the Employer's characterization of them as follows: "Well,
I can say this much, they were triple defense sites , I shouldn't
say anything more."
One need not be a military expert to appreciate the important
role the Seattle area, with its greatport(the point of embarka-
tion for Alaska), its large airplane manufacturing plants, and
the military post, Fort Lewis, plays in our Nation's defense.
Nor does it require such imagination to appreciate the vital
part electrical energy performs in the operation of the military
installations designed to defend such an important area of
our country. It is thus plain that the services supplied by
this Employer to these vital army defense installations have
a substantial effect on our Nation ' s defense , and this is
true whether or not the prime contractor is himself engaged
in interstate commerce and without regard' to whether this
Employer provides them as a prime contractor or as a sub-
contractor. To hold otherwise is to sacrifice realism for the
sake of dogma.
For the foregoing reasons I find that it would effectuate
the policies of the Act to assert jurisdiction over the Employer'I
6See also my dissent in Taichert' s Inc., 107 NLRB 779.
SHORELAND FREEZERS, INC. and INTERNATIONAL BROTH-
ERHOOD OF BOILERMAKERS, IRON SHIPBU ILDERS,
BLACKSMITHS, FORGERS AND HELPERS, Petitioner. Case
No. 5-RC-1439. April 30, 1954
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 Louis S.
Wallerstein, hearing officer. I The hearing officer's rulings
made at the hearing are free from prejudicial error and
are hereby affirmed. I
I At the hearing, the petition and other formal papers were amended to show the correct
name of the Employer. On March 11, 1954, the Employer filed a motion to make certain
corrections in the transcript of the hearing. As no objections have been made by the Petitioner,
the Employer's motion is granted. It is hereby ordered that the record be, and it hereby is,
corrected in accordance with the Employer's motion.
2 The hearing officer referred to the Board the Employer's motions to dismiss the petition
on the following grounds: (1) As the operations of the Employer are essentially local and
agricultural, the Board should not assert jurisdiction; (2) the unit requested by the Petitioner
is inappropriate, and can be justified only by giving controlling weight to the Petitioner's
extent of organization; (3) because of the seasonal nature of the Employer's business, an
108 NLRB No. 96.
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board finds:
1. The Employer, a Maryland corporation, is engaged inthe
freezing of fruits and vegetables. The Employer does not grow
any crops. During the year 1953, the Employer's purchases
amounted to approximately $900,000, about 70 percent of which
were received from points outside the State of Maryland. The
Employer has entered into a contract with Peninsular Farms,
a separate corporation, which functions as a contracting agency,
contracting for the purchase of these crops with the growers.'
As a purchasing agent it buys the crops in the open market. As
a grower in its own right, it grows a variable amount of pro-
duce, which constitutes less than 10 percent of the total produce.
During the year 1953, the Employer' s sales amounted to ap-
proximately $1,800,000, approximately 90 percent of which were
shipped to points outside the State of Maryland.
The Employer contends that the Board should not assert
jurisdiction because the operations of the Employer are es-
sentially local and agricultural. We find no merit in this
contention. In the operation of its processing plant, the
Employer is not engaged in agricultural activities so as to
constitute its employees agricultural laborers within the mean-
ing of the Act.4 We find that the Employer is engaged in com-
merce within the meaning of the Act, and that it will effectuate
the policies of the Act to assert jurisdiction herein.'
2. The labor organization involved claims to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent all of the Employer's
maintenance employees in a single unit. The Employer contends
that the requested unit is inappropriate because of the inte-
gration of the Employer' s operations , and because the em-
ployees sought lack craft skills and homogeneity of interests.
election directed at this time would be premature, and (4) the Petitioner failed to establish its
burden of proof of establishing a prima facie case that the unit it seeks to represent is
appropriate.
The Employer's motions to dismiss are hereby denied. Fol the reasons appearing in para-
graph numbered 1, we find no merit in the Employer's first contention. For the reasons
stated in paragraph numbered 4, we find no merit in the Employer's second contention,
and for the reasons stated in paragraph numbered 5 we find no merit in the Employer's third
contention. The Employer's fourth contention, in our opinion, misconceives the nature of
representation proceedings. Representation hearings are not adversary proceedings, and
are designed merely to ascertain whether or not a question concerning representation exists.
It is immaterial which party presents the factual material for the record. It is only neces-
sary that there be a full and complete record, so that the Board will be in a position to decide
all issues involved in the proceeding. Saunders Tool and Die Company, 101 NLRB 263.
'The record does not show where Peninsular Farms is located.
4Nephi Processing Plant, Inc., 107 NLRB 647. Cf. Wells Dairies Cooperative, 107 NLRB
1445.
5 Stanislaus Implement and Hardware Co., Ltd., 91 N.RB 618. Chairman Farmer and Mem-
bers Rodgers and Beeson concur in this finding, but do not hereby adopt the Board's present
jurisdictional plan as a permanent policy.
SHORELAND FREEZERS, INC. 725
There has been no history of collective bargaining at the Em-
ployer' s plant.
The Employer ' s operations are headed by its president and
general manager , under whom are a production superintendent,
a plant superintendent , an office manager, and a personnel
manager . There is an assistant plant superintendent who
reports directly to the plant superintendent . Directly respon-
sible to the production superintendent are the processing room
foreman , the night processing room foreman , a shipping room
foreman , and a receiving room foreman.
There are no particular classifications for processing room
employees . Female employees normally perform such work as
trimming and packaging , whereas the male employees do work
which requires more physical effort , such as moving the raw
products and supplies . No schooling or experience is required
of processing room employees . They work under the immediate
supervision of the processing room foreman, and the night
processing room foreman when two shifts are running.
Processing room employees unload the incoming trucks of
each product , feed the raw product to the processing equipment,
clean up the waste , move the skids where the raw products are
spilled around the processing room as necessary , furnish
cartons to the girls who do the packing of the products, and
move tunnel trucks to or from the freezing tunnel. The pro-
duct comes to the wrapping machine in a carton. It is fed into
the machine and a wrapper is put on . After the wrapper has
been placed around the carton it is heated , sealed, and dis-
charged from the end of the machine . It is then taken by
another girl who puts it on a tray which goes on the tunnel
truck , which goes into a tunnel of freezing temperature, or
the freezing room.
The maintenance employees consist of 3 full- time engineers
and 1 relief engineer , 3 mechanics , 2 mechanics' helpers, 1
electrician , 2 welders , 2 line mechanics , 2 wrapping and
filling machine mechanics , and 1 stock clerk. The maintenance
employees work under the separate supervision of the plant
superintendent , who does not supervise any processing room
employees . During the peak season , when the Employer runs
2 shifts , any mechanics assigned to the night shift are under
the supervision of the night processing room foreman as far
as hours of work or disciplinary action is concerned. They
are, however , under the supervision of the plant superintendent
with respect to their mechanical work. The line and wrapping
machine mechanics receive orders from the processing room
foreman as to what work is to be done , but they are under
the supervision of the plant superintendent as to the mechanics
of their work. None of the maintenance employees are licensed,
and the Employer does not have a formal apprentice system
at its plant . The functions of the maintenance employees are
as follows:
726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Engineers : One engineer must be on duty at the plant at all
times. The regular engineers work on 3 different shifts, from
8 a. m. to 4 p . m., from 4 p. m. to midnight , and from midnight
to 8 a. m. The relief engineer works when one of the regular
engineers is absent , over the weekend , and sometimes during
the latter part of the week, when the engineers work a 4-shift
day. No experience is required for the job , and an employee
can learn the work in 3 or 4 weeks.
The engineers work throughout the group of buildings which
make up the Employer ' s plant . They attendto the high pressure
boilers, 6 check the refrigeration machines, the temperatures
in the storage rooms , the well pumps, the water system, and
the garbage disposal system. During the processing season,
the engineer maintains a record of the temperature of each
truck that goes into the freezing room.
Mechanics ' helpers: No skill or experience is required to be
employed as a helper . They start to work at the same rate
as the general laborers . Helpers must learn the rudiments of
4 or 5 trades before the Employer considers them as mechanics.
The training period varies from 6 months to 2 years , depending
on the individual ' s aptitude.
Mechanics : These employees have amachineshopwherethey
repair certain items of equipment , and where new items are
built . The major portion of their work, however , is on equip-
ment throughout the plant . Their duties include the repair and
replacement of parts in the Employer ' s processing equipment,
the construction of conveyors, flumes, and other pieces of pro-
cessing machinery which are not purchased from outside sup-
pliers. They also set machinery on foundations, and do some
pipefitting , millwright work, and carpentry work, such as
building partitions. The mechanics may be hired as mechanics'
helpers or as mechanics.
Line mechanics : These mechanics are usally men who have
just come up from the helper classification . Their work is
mainly checking the processing equipment to see that it operates
properly . They adjust the conveyor belts, and see that the
motors are not hot and are properly lubricated. The main
difference between the mechanics and the line mechanics is
that the mechanics are not directly , connected with the pro-
cessing equipment as are the line mechanics. It is the duty
of the line mechanic to check the line constantly , whereas the
other mechanics are called in only in the event of a break-
down.
Wrapping and filling machine mechanics : These mechanics
are the most highly skilled of the Employer ' s maintenance
employees because of their specific knowledge of the machines.
The job requires about a year of general mechanical knowledge,
and it takes about 2 years to make a good wrapping machine
mechanic. The main job of these mechanics is to adjust the
6 The boilers used by the Employer are automatic oil-fired boilers. The compressors
are automatic with an alarm system.
SHORELAND FREEZERS, INC. 727
wrapping machine in the processing room to be sure that the
packages are wrapped properly.
Electrician: This job requires a very rudimentary knowledge
of electrical work, which can be obtained with about 6 months
to a year's training. The electrician spends part of his time
installing switches, electrical machinery, conduits, and running
electrical wires, and replacing fixtures and light bulbs. During
the remainder of his time he does pipefitting or assists the me-
chanics.
Welders: This job requires a year's experience as ahelper.
The welders usually work in the processing room. Their duties
are to use a torch where machinery is being disassembled, to
install pipelines, and to assemble various pieces of machinery.
When there is no welding work to be done in the plant, they
do pipefitting or general mechanical work.
Stock clerk: This employee works in the stockroom, located
in the machine shop. His duties are to look after tools and
mechanical supplies, to dispense them to the mechanics and
helpers, to keep records of the supplies used on various jobs
that are being done, and to keep track of the time the men
spend on these jobs. The job does not require any experience.
Both maintenance and processing employees are hourly
rated, and except for the rotating of the engineers, all have
the same hours of work. All have the same group insurance,
vacation, and holiday benefits. The record shows that there
is some interchange of personnel for short periods of time.
At such times, processing employees may do some painting,
or work as rough carpenters or helpers. On the other hand,
maintenance employees may unload produce from trucks when
there are no processing room employees at the plant to do
this work. They also assist processing room employees in
cases of emergency.
In view of the foregoing facts, it appears that the Employer's
operations are not so integrated as to destroy the separate
identity of the maintenance employees, a group whose interests
are distinguishable from those of the processing employees. 7
Therefore, in accordance with the Board 's established policy
of granting separate representation to such maintenance em-
ployees, in the absence of any bargaining history on a broader
basis, we find that the maintenance employees constitute an
appropriate unit apart from other employees.8
Contrary to the Employer's contention, we do not consider
it necessary that the maintenance employees be skilled em-
ployees of craft status.9 Nor do we consider it essential that
7National Carbon Company, a Division of Union Carbide and Carbon Corporation (Edgewater
Works), 107 NLRB 1486.
8Schering Corporation. 107 NLRB 1540; National Carbon Company, a Division of
Union Carbide and Carbon Corporation (Edgewater Works), 107 NLRB No. 300; Animal
Trap Company of America, 107 NLRB No. 58 (not reported in printed volumes of Board
Decision and Orders.)
9 Tuxedo Candy Company, a Division of Salem Commodities, Inc., 106 NLRB 1399; Carboloy
Department of General Electric Company, 104 NLRB 596; Monsanto Chemical Company,
728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the maintenance employees be set up in a separate department
for administrative purposes . We believe that it is sufficient
that the maintenance employees are a clearly identifiable,
functionally distinct and homogeneous group , whose work and
interests are different from those of the other employees in the
plant.
We have also considered the Employer ' s contention that
the unit requested by the Petitioner is based on its extent of
organization among the Employer' s employees , and should
therefore be found inap ropriate. We find no merit in this
contention . Section 9 ( c) (5) of the Act precludes the Board
from giving controlling weight to this factor in determining
the appropriateness of a unit . As pointed out above , however,
other factors wholly unrelated to the extent of organization
support our finding that a maintenance unit is appropriate when,
as here , there is an absence of any bargaining history on a
broader basis 10
We find that all maintenance employees at the Employer's
Salisbury, Maryland, plant , including 'engineers , mechanics,
mechanics ' helpers electricians , welders , line mechanics,
wrapping and filling machine mechanics , and maintenance stock
clerks, but excluding all other employees , guards, and super-
visors, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of
the Act.
5. The Employer contends that an election should not be
directed until the approximate seasonal peak . The Employer
starts processing operations sometime between April 1 and 15,
and the processing season lasts until about the end of December
or January . As this decision will issue at a time when the Em-
ployer's processing season has already begun , and as the
normal crew of maintenance employees is relatively stable
throughout the year, we see no reason to depart from our
usual practice of directing an immediate election.
[Text of Direction of Election omitted from publication.]
Muscle Shoals Chlorine Caustic Plant , 102 NLRB 273; General Dyestuff Corporation, 100
NLRB 1311; Western Kentucky Gas Company, 97 NLRB 917; J. C. Penney Company, 92
NLRB 1286; Tyre Brothers Glass & Paint Co., 85 NLRB 910.
mNational Carbon Company, a Division of Union Carbide and Carbon Corporation , ( Edge-
water Works), 107 NLRB 1486.
NEW ENGLAND CONFECTIONERY COMPANY and LOCAL
3, INTERNATIONAL BROTHERHOOD OF FIREMEN & OIL-
ERS, POWERHOUSE EMPLOYEES, OPERATORS AND MAIN-
TENANCE MEN, AFL, Petitioner. Case No . 1-RC-3550.
April 30, 1954
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 Sidney A.
108 NLRB No. 106.