The St. Mary's Packing Co.

National Labor Relations Board - Board Decisions

Feb 13, 1947

72 N.L.R.B. 596 (N.L.R.B. 1947)

In the Matter of THE ST, MARY'S PACKING COMPANY, EMPLOYER and
TRUCK DRIVERS, WAREHI.HSEMEN AND HELPERS UNION, LOCAL No.
908, PETITIONER
In the Matter of THE ST. MARY'S PACKING COMPANY, EMPLOYER and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 824,
PETITIONER
Cases Nos. 8-R-2375 and 8-R-2414, respectively.-Decided February
13, 1947
Mr. J. C. Swonger, of Sidney, Ohio, and Mr. John H. Frericks, of
Delphos, Ohio, for the Employer.
Mr. Robert C. Knee, of Dayton, Ohio, and Mr. Morris C. Taylor, of
Lima, Ohio, for the Truck Drivers.
Mr. Medford E. Holstein, of Lima, Ohio, for the Engineers.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, a consolidated hearing in these cases was
held at Delphos, Ohio, on November 13, 1946, before John W. Irving,
hearing officer. The hearing officer's rulings made at the hearing-are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The St. Mary's Packing Company is an Ohio corporation engaged
in the canning of various food products, including peas, beans, to-
matoes, pumpkins, and pork and beans. It operates eight plants in
various parts of the United States. The instant proceeding solely
concerns the Employer's plant located at Delphos, Ohio. Annually,
the Employer purchases in excess of $200,000 worth of raw materials,
almost all of which is shipped to this plant from points within the
State of Ohio. Annually, the Employer ships in excess of $500,000
72 N. L. R. B., No. 117.
596
THE ST. MARY'S PACKING COMPANY 597
worth of finished products, of which approximately 50 percent is
shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
11. THE ORGANIZATIONS INVOLVED
Truck Drivers, Warehousemen and Helpers Union, Local No. 908,
herein called the Truck Drivers, is a labor organization affiliated with
the American Federation of Labor, claiming to represent employees
of the Employer.
• International Union of Operating Engineers, Local No. 824, herein
called the Engineers, is a labor organization affiliated with the Ameri-
can Federation of Labor, claiming to represent employees of the Em-
ployer.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Employer has refused to recognize the Truck Drivers or the
Engineers as the exclusive bargaining representative of its employees
until either union has been certified by the Board in an appropriate
unit.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Truck Drivers seeks a unit of all year-round or permanent 1
production employees, truck drivers, warehousemen, garage mechanics
and helpers, greasers, washers, watchmen, and general laborers. The
Engineers desires a unit of all year-round or permanent employees
of the powerhouse, including engineers, firemen and coal passers, and
all maintenance employees who spend the greater part of their time
maintaining the machinery, buildings, and equipment of the Em-
ployer, other than automotive equipment. All parties agree that all
office, clerical, and supervisory employees should be excluded from
both units. But the Employer requests that certain seasonal em-
ployees be included in the units sought by the petitioning unions.
Seasonal Workers
The Employer's off or dry packing season runs from January to
June, and also includes parts of July and parts of August, November,
' All parties define as permanent or year -round employees those employees , numbering
approximately 150, who are required to operate the plant during the off or dry packing
season, approximately 100 of whom remain in the employ of the employer for periods rang-
ing from 6 months to 1 year longer.
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and December. During the off or dry packing season approximately
150 employees are employed in order to operate the plant. These are
the Employer's year-round or permanent employees. Of these em-
ployees, approximately 50 have been in the employ of the Employer
for 6 months or longer.
In June and again in September and October of each year, the Em-
ployer expands its operations so that it may process peas and tomatoes.
The pea packing season is roughly in June, and the-tomato packing sea-
son is roughly in September and October. Approximately 50 addi-
tional workers are recruited locally in June, and work as peelers
for 4 or 5 weeks during the pea packing season . A large percentage
of these peelers are farm women, who apparently have other employ- -
ment during the off season. A record is kept of their names, and
those whom the Employer is able to reach and who are available are
employed in succeeding seasons , including the tomato season in
September and October.
A majority of the tomato seasonal workers , however, are recruited
from States other than the State of Ohio, and from Mexico , and there
is no established practice of reemployment with respect to such em-
ployees, since no record of their names is maintained. During the
tomato packing season, from 450 to 500 workers are employed.
The Employer contends that those workers whose names are listed
in its records should be included in both units. While it is true that
these employees have an expectancy of reemployment with the Em-
ployer, all apparently look elsewhere than to the Employer for their
livelihood during the larger part of the year. And they do not share
with the permanent employees a common interest in continuous em-
ployment. They are in fact seasonal, as distinguished from year-
round employees. In addition, neither the Truck Drivers nor the
Engineers seeks to represent these employees . Accordingly, under all
the circumstances , we shall exclude from both units all seasonal
employees.2
Upon the basis of the entire record, we find that the following units
are appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act:
Unit 1. All year-round or permanent production employees, truck
drivers, warehousemen, garage mechanics, helpers, greasers, washers,
general laborers, and watchmen of the Employer's Delphos, Ohio,
plant, excluding employees of the powerhouse , maintenance men who
spend the greater part of their time maintaining the machinery and
equipment of the Employer, other than automotive equipment, clerical
'Matter of Hunt Foods, Inc, 68 N L R . B 802 ; Matter of Stokely Foods, Inc, 66 N L.
R. B 740 ; Matter of Reid, Murdock d Company, 56 N L R. B 284 . Matter of Libby,
McNeill and Libby , 59 N. L R B 864 ; Matter of California Packing Company , 59 N. L.
R. B 941
THE ST. MARY'S PACKING COMPANY 599
and office employees, and .all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action.
Unit 2. All year-round or permanent employees of the powerhouse
of the Employer's Delphos, Ohio, plant, including engineers, firemen
and coal passers, and all maintenance employees who spend the greater
part of their time maintaining the machinery, buildings, and equip-
ment of the Employer, other than automotive equipment, but exclud-
ing clerical and office employees, all employees in Unit 1, above, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
At the hearing the Employer suggested that elections be held in
June to allow certain seasonal employees to vote. Since we have ex-
pressly excluded all seasonal employees from the appropriate units,
we shall not adopt this suggestion.
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among employees
in the appropriate units who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The St. Mary's Packing Com-
pany, Delphos, Ohio, separate elections by secret ballot shall be con-
ducted 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 Eighth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Sec-
tions 203.55 and 203.56, of National Labor Relations Board Rules
and Regulations-Series 4, among the employees in the units 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 in-
cluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the elections: (1) to
determine whether or not the employees in Unit 1, described in See-
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion IV, above, desire to be represented by Truck Drivers, Warehouse-
men and Helpers Union, Local No. 908, affiliated with the American
Federation of Labor, for the purposes of collective bargaining; and
(2) to determine whether or not the employees in Unit 2, described
in Section IV, above, desire to be represented by International Union
of Operating Engineers, Local 824, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining.
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