Stokely Brothers & Co., Inc.

National Labor Relations Board - Board Decisions

Dec 15, 1939

18 N.L.R.B. 327 (N.L.R.B. 1939)

In the Matter Of STOKELY BROTHERS & COMPANY, INC. AND VAN
CAMP'S, 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 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-1383, and R-1384, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December 15, 1939
On October 4, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
the above-entitled proceedings.' On October 11, 1939, and on October
19, 1939, respectively, the Board issued its Amendment to Direction
of Elections 2 and its Second Amendment to Direction of Elections.3
Pursuant to the Direction of Elections, as amended, elections by
secret ballot were conducted on October 19, 1939, among the truck
drivers of Van Camp's, Inc., and on October 30, 1939, among the
seasonal employees at the Martinsville plant of Van Camp's, Inc.,
under the direction and supervision of the Regional Director for the
Eleventh Region (Indianapolis, Indiana). On November 2, 1939,
the said Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2,
issued and duly served upon the parties an Election Report.
15 N. L. R. B. 872.
s 15 N. L. R. B. 889.
16 N. L. R. B. 163. On October 16, 1939, Stokely Brothers & Company, Inc., and
Van Camp's, Inc., filed with the Board a Petition for Rehearing. Thereafter, the Board
issued its Order denying the Petition for Rehearing.
18 N. L. R. B., No. 50.
327
283029-41-vol. 18-22
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and the results thereof, the Regional Director
reported as follows :
Truck Drivers
Total number eligible voters________________________________ 13
Total number of votes cast__________________________________ 13
Total number of valid votes cast____________________________ 9
Total number of votes for International Brotherhood of Team-
sters, Chauffeurs , Stablemen & Helpers of America, Local
No. 135, affiliated with the A. F. of L.____________________ 7
Total number of votes for Amalgamated Association of Iron,
Steel & Tin Workers of North America, Local No. 1473, affili-
ated with the C. I. O._____________________________________ 2
Total number of votes for neither organization _______________ 0
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots____ ______________________ 4
Seasonal employees at Martinsville Plant
Total number eligible voters_________________________________ 106
Total number of votes cast__________________________________ 77
Total number of valid votes cast____ ________________________ 65
Total number of votes for Federal Labor Union No. 21752,
affiliated with the A. F. of L.______________________________ 32
Total number of votes for Amalgamated Association of Iron,
Steel & Tin Workers of North America, Local No. 1473 , affili-
ated with the C. I. O-------------- ------------------------ 33
Total number of votes for neither organization_______________ 0
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots __________________________ 12
In view of the fact that the four challenged ballots in the truck
drivers' election could not alter the results of the election they will
not be opened and counted.
In his Election Report, the Regional Director found that the 12
challenged ballots in the election among seasonal employees were cast
by persons ineligible to vote. He recommended that such ballots be
declared invalid. Although Stokely Brothers & Company, Inc., and
Van Camp's, Inc., herein called the Companies, and Federal Labor
Union No. 21752, herein called the Federal Union, filed objections to
other phases of the Election Report, as will be discussed below, none
of the parties objected to the Regional Director's finding or recom-
mendation as to the 12 challenged ballots. The Board hereby adopts
the Regional Director's recommendation in this respect.
On November 6, 1939, the Companies filed with the Regional
Director objections to the Election Report. The substance of the
objections was that the hearing, the Decision and Direction of Elec-
tions, and the elections were contrary to law and void. The Com-
panies also requested the Board to reconsider its ruling denying
STORELY BROTHERS & COMPANY, INC. 329
their Petition for Rehearing. The Board has reconsidered its ruling
and hereby affirms it.
On November 7, 1939, the Federal Union filed with the Regional
Director objections to the Election Report. These objections are
directed only to the election among seasonal employees at the Martins-
ville plant. They allege in substance that: (1) Although the elec-
tion was advertised and notices were sent out to the effect that it
would be held between the hours of 10: 00 a. m. and 3: 00 p. m., actu-
ally the polls did not open until 10: 25 a. m., and that voters report-
ing to vote between 10: 00 a. in. and 10: 25 a. m. were unable to cast
their ballots; and (2) the polls were held open until 3:30 p. M.
although they were supposed to close at 3:00 p. m. and that votes
deciding the election were cast between 3:00 p. in. and 3:30 p. m.
by persons who had to pass an Amalgamated organizer and a Com-
pany official before voting.
On November 10, 1939, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, issued his Report on the Objections. With
respect to objections by the Federal Union, the Regional Director
reported :
(1) . .. the Agent of the National Labor Relations Board
was informed at 9: 50 A. M. by the A. F. Of L. (Federal Union)
observers that the C. I. O. (Amalgamated) observers were "straw
bosses." This was brought to the attention of the C. I. O. ob-
servers and they denied such allegation, but stated that they
would withdraw and would have their union furnish other ob-
servers in order that there might be no controversy at the polls.
The new observers arrived at approximately 10: 25 A. M. No
objection was made by any party because of the delay in obtain-
ing new observers. The Board's Agent states that he was not
aware of any person attempting to cast their ballot between
10:00 A. M. and 10:30 A. M.
(2) . . . the Agent of the National Labor Relations Board
allowed the polls to remain open until 3: 30 P. M., as it was
mutually agreed by and between all parties to allow this exten-
sion.
The agent of the National Labor Relations Board reports that
only one person cast a ballot between 3: 00 P. M. and 3: 30 P. M.
and that this person did not have to pass any union official or
company foreman in entering the polling place.
With respect to objections by the Companies, the Regional Direc-
tor reported that each of the issues therein raised concerned matters
of record which were duly considered by the Board in issuing its
Decision and Direction of Elections.
330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has considered the objections and the Regional Direc-
tor's Report thereon. It is apparent that the 25-minute delay in
opening the polls at the election among seasonal employees, to which
the Federal Union objects, occurred as a necessary incident to the
satisfaction of the Federal Union's protest against the Amalgamated
observers first appearing at the polls. None of the parties objected
to the delay at the time it occurred. Under the circumstances it
cannot be considered prejudicial. Similarly, it was mutually agreed
by all parties, including the Federal Union, to allow an extension
of time from 3: 00 p. m. to 3: 30 p. m. for the polls to remain open.
Under the circumstances objections to the extension are not now
proper. The objections of the Companies as to both elections chiefly
concern matters of record which the Board duly considered in issuing
its Direction of Elections. The Board finds that the objections
raise no substantial and material issues with respect to the conduct
of the ballots. The objections are hereby overruled.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In its Decision and Direction of Elections the Board directed an
election among the truck drivers of Van Camp's, Inc., and stated
that if International Brotherhood of Teamsters, Chauffeurs, Stable-
men & Helpers of America, Local No. 135, herein called the Brother-
hood, should be accorded a majority, the truck drivers will be
considered as constituting a separate unit; while if the Amalgamated
Association of Iron, Steel & Tin Workers of North America, Local
No. 1473, affiliated with the C. I. 0., herein called the Amalgamated,
should be accorded a majority, the truck drivers will be considered
as combined in a single unit with the regular and junior employees
at the Indianapolis plant. and warehouse and the Martinsville plant.
The Election Report shows, and we find, that a majority of the truck
drivers have voted for the Brotherhood. We therefore find that the
truck drivers of Van Camp's, Inc., constitute an appropriate unit
and we will certify the Brotherhood as bargaining agent for such
unit.
We find that all persons employed by Van Camp's, Inc., at its
plant at 2002 South East Street, Indianapolis, Indiana, its ware-
house in Indianapolis, Indiana, and its plant in Martinsville, Indiana,
excluding seasonal employees, superintendents, foremen, field'men,
farmer-contractors, agricultural workers, clerical workers, laboratory
workers, sales force, and truck drivers, constitute an appropriate
unit.
At the hearing the Amalgamated introduced uncontroverted evi-
dence that it represents a substantial majority of Van Camp's, Inc.,
regular and junior employees at the Indianapolis plant and ware-
STOKELY BROTHERS & COMPANY, INC. 331
house and the Martinsville plant. In its Decision the Board stated
that it would withhold certification of the Amalgamated as bargain-
ing agent for a unit composed of employees in the above-described
group until the status of the truck drivers is determined by the
results of the election to be held among them. Since that question
has now been determined, we will certify the Amalgamated as the
exclusive representative of employees in the unit fully described in
the paragraph above.
The Election Report shows, and we find, that the Amalgamated has
been designated and selected by a majority of the seasonal employees
at the Martinsville plant as their representative for the purposes of
collective bargaining. It is, therefore, the exclusive representative
of all employees in such unit for the purposes of collective bargain-
ing, and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the proceedings, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All persons employed by Van Camp's, Inc., at its plant at 2002
South East Street, Indianapolis, Indiana, its warehouse in Indianap-
olis, Indiana, and its plant in Martinsville, Indiana, excluding
seasonal, employees, superintendents, foremen, field men, farmer-
contractors, agricultural workers, clerical workers, laboratory work-
ers, sales force, and truck drivers, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
2. Amalgamated Association of Iron, Steel & Tin Workers of
North America, Local No. 1473, affiliated with the C. I. 0., is the
exclusive representative of all the employees in such unit for the pur-
poses of collective bargaining, within the meaning of Section 9 (a)
of the National Labor Relations Act.
3. Truck drivers employed by Van Camp's, Inc., constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY CERTIFIED that International Brotherhood of Team-
sters, Chauffeurs, Stablemen and Helpers of America, Local Union
135, affiliated with A. F. of L., has been designated and selected by
a majority of truck drivers employed by Van Camp's, Inc., as their
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representative for the purposes of collective bargaining and that,
pursuant to Section 9 (a) of the National Labor Relations Act,
International Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, Local Union 135, affiliated with A. F. of L., is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that Amalgamated Association of Iron,
Steel & Tin Workers of North America, Local No. 1473, affiliated
with the C. I. 0., has been designated and selected by a majority of
seasonal employees, exclusive of those in a supervisory capacity, at
the Martinsville, Indiana, plant of Van Camp's, Inc., as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to Section 9 (a) of the National Labor Relations Act, Amalgamated
Association of Iron, Steel & Tin Workers of North America, Local
No. 1473, affiliated with the C. I. 0., is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment; and
IT IS HEREBY CERTIFIED that Amalgamated Association of Iron,
Steel & Tin Workers of North America, Local No. 1473, affiliated
with the C. I. 0., has been designated and selected by a majority of
all persons employed by Van Camp's, Inc., at its plant at 2002 South
East Street, Indianapolis, Indiana, its warehouse in Indianapolis,
Indiana, and its plant in Martinsville, Indiana, excluding seasonal
employees, superintendents, foremen, field men, farmer-contractors,
agricultural workers, clerical workers, laboratory workers, sales force,
and truck drivers, as their representative for the purposes of collec-
tive bargaining and that, pursuant to Section 9 (a) of the National
Labor Relations Act, Amalgamated Association of Iron, Steel & Tin
Workers of North America, Local No. 1473, affiliated with the
C. I. 0., is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
MR. WILLIAM M. LEISERSON, concurring specially :
I concurred in the Board's Decision and Direction of Elections,
indicating, however, that I would not certify the Amalgamated as
it is already the undisputed representative of the employees in the
unit of regular and junior employees at Indianapolis and Martins-
ville, as evidenced by its current contract. I still adhere to that view.
Nevertheless, in view of the finding of the majority of the Board
that a question concerning representation has arisen among such
employees, I agree that the Amalgamated should be certified as
their representative.