Star Provision Co.

National Labor Relations Board - Board Decisions

Feb 28, 1945

60 N.L.R.B. 976 (N.L.R.B. 1945)

In the Matter of I. HELIIAN AND W. REISMAN, CO-PARTNERS D/B/A STAR
PROVISION COMPANY and UNITED PACKINGHOUSE WORKERS OF_AMER-
ICA, C. I. O.
Case No. 10-R-1407.-Decided February 28, 1945 -
Messrs. I. Heiman, Sol I. Golden, and G. B. Tidwell, of Atlanta,
Ga., for the Company.
Grover R. Hathaway, by Mr. Tom R. Jones, of Atlanta, Ga., for the
Union. _
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Packinghouse Workers of Amer-
ica, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
1. Heiman and W. Reisman, co-partners d/b/a Star Provision Com-
pany, Atlanta, Georgia, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Frederick A. Aicher, Trial Examiner. Said hearing was held
at Atlanta, Georgia, on February 1 and 7, 1945.. 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 opportunity to file briefs With the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Star Provision Company is a partnership engaged as a wholesale
meat dealer and sausage manufacturer at Atlanta, Georgia. 'During
1944 the Company purchased cattle and hogs valued at about $565,000,
of which approximately $163,000 worth was shipped to it from points
60 N. L. R. B., No. 165.
976
STAR PROVISION COMPANY 977
outside the State of Georgia. During the same period the Company
sold meat products valued in excess of $800,000, all of which were de-
livered to retail markets in Atlanta, Georgia. During that period the
Company sold 240,000 pounds of green hides, valued at about $28,000,
all of which were shipped to points outside the State of Georgia, by
United Butchers Abattoir as agent for the Company.
We find, contrary to the contentions of the Company, that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
C
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 30, 1944, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company did not reply to this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union 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 Act.
IV. THE APPROPRIATE UNIT
The Union urges that all employees of the Company, excluding
salesmen, office -and clerical employees, and supervisory employees,
constitute a unit appropriate for the purposes of collective bargaining.
The Company took no position with respect to the composition of the
unit. Evidence introduced at the hearing indicates that the employees
claimed by the Union constitute a well-defined homogeneous group.
We find that all employees of the Company, excluding salesmen,
office and clerical employees, and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
'The Field Examiner reported that the Union presented 12 authorization cards bearing
the names of persons who appear on the Company 's pay roll of January 13, 1945. There
are approximately 23 employees in the appropriate unit.
625563-45-col. 60-63
-978 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of, an election by secret ballot among
the employees 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 Rela-
tions 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 representa-
tives for the purposes of collective bargaining with I. Heiman and
W. Reisman, co-partners d/b/a Star Provision Company, Atlanta,
Georgia, 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 Direc-
tor for the Tenth 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 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 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 by United Packinghouse Workers of
America, C. I. 0., for the purposes of collective bargaining.