16 N.L.R.B. 163 (N.L.R.B. 1939)

Stokely Brothers & Co., Inc.

National Labor Relations Board - Board DecisionsOct 19, 1939

16 N.L.R.B. 163 (N.L.R.B. 1939)

In the Matter of STOKELY BROTHERS & COMPANY, INC. AND VAN CAMPS, INC. and FEDERAL LABOR UNION No. 21752 AFFILIATED WITH A. F. OF L. In the Matter of STOKELY BROTHERS & COMPANY, INC. AND VAN CAMP'S, INC. and AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, LOCAL No. 1473, AFFILIATED WITH THE C. I. O. In the Matter of STOKELY BROTHERS & COMPANY, INC. AND VAN CAMP'S, INC. and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA, LOCAL UNION 135, AFFILIATED WITH A. F. OF L. Cases Nos. R-1382, R-43 )83, and R-1384, respectively SECOND AMENDMENT TO DIRECTION OF ELECTIONS- October 19, 1939 On October 4, 1939 , the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled matter. ' On October 11, 1939, the Board issued an Amendment to the Direction of Elections .2 The Direction of Elec- tions, as amended , directed that elections by secret ballot be conducted within fifteen ( 15) days from the date of the Direction issued on October 4 , 1939, among those employees of Van Camp 's, Inc., who fall within the groups described below : 1. All truck drivers whose names appear on Van Camp's March 4, 1939, pay roll , including those who did not work during such pay- roll period because they were ill or on vacation , and those who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause , to determine whether they desire to be represented by International Brotherhood of Team- sters , Chauffeurs , Stablemen and Helpers of America , Local 135, affiliated with the American Federation of Labor, or by Amalga- mated Association of Iron, Steel & Tin Workers of North America, Local No. 1473 , affiliated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining , or by neither. '15 N . L. R. B. 872. 215 N . L. R. B. 889. 16 N. L. R. B., No, 18. 163 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All seasonal employees at Van Camp's Martinsville, Indiana, plant, exclusive of those in a supervisory capacity, whose names ap- pear on Van Camp's last regular pay roll next preceding the date of this Direction, including seasonal employees who did not work dur- ing such pay-roll period because they were ill, and seasonal em- ployees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented for purposes of col- lective bargaining by Federal Labor Union No. 21752, affiliated with the' American Federation of Labor, or by Amalgamated Association of Iron, Steel and Tin Workers of North America, Local No. 1473, affiliated with the Congress of Industrial Organizations, or by neither. The Board, having been advised. by the Regional Director for the Eleventh Region that a postponement of the election directed among seasonal employees at Van Camp's Inc., Martinsville plant is desir- able to permit an investigation of various questions raised concern- ing the election, hereby further amends its Direction of Elections, as amended, by striking therefrom the words "elections -by secret ballot shall be conducted within fifteen (15) days from the date of this Direction" and substituting therefor the words "an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction ainolig those employees of Van Camp's, Inc. described in paragraph 1 below, and an election by secret ballot shall be con- ducted within twenty-five (25) days from the date of this Direction among the employees of Van Camp's, Inc. described in paragraph 2 below," and by' striking the words ""among those employees of Van Camp's, Inc. who fall within the groups below," and by placing a colon instead of a comma after the words "of said Rules and Regu- lations."