Wilshire Cheese Co.

National Labor Relations Board - Board Decisions

Oct 15, 1943

52 N.L.R.B. 1431 (N.L.R.B. 1943)

In the Matter Of WILSHIRE CHEESE COMPANY and CONFECTIONERY AND
FOOD WORKERS UNION, LOCAL No. 139
Case No. 17-R-692.-Decided October 15, 1943
Mr' 'M. R . Swanson, of Chicago, Ill., for the Company.
Messrs. John P. Simmons and A. A. White, of Springfield, Mo.,
for the Union.
;Miss Frances Lopinsky , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Confectionery and Food Workers
Union, Local No. 139, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Wilshire Cheese Company, Springfield, Missouri, herein
called the Company, the National Labor. Relations Board provided
for an appropriate hearing upon due notice before Margaret L.
Fassig, Trial Examiner. Said hearing was held at Springfield, Mis-
souri, on September 17, 1943. The Company and the Union ap-
peared, 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wilshire Cheese Company, an affiliate of Wilson & Co., Inc., Chi-
cago, Illinois, is a Delaware corporation. Its only plant is located
in Springfield, Missouri, where it is engaged in the processing of
cheese. Its raw materials consist of raw cheese purchased from
dairies and other cheese plants within the State of Missouri. The
52 N. L. R. B., No. 241.
1431
1432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company's annual sales of processed cheese exceed $500,000 annually,
90 percent of which is shipped to points outside the State of Missouri.
Most of its finished product is sold to the United States Government
for lend-lease purposes.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Confectionery and Food Workers Union, Local No. 139, Bakery
and Confectionery Workers International Union of America, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found 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
In accordance with the stipulation of the parties, we find that all
production and maintenance employees of the Company, excluding
clerical and office employees, the manager, the superintendent, the
foreman, and any other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit. The Union requests that eligibility
1 The Field Examiner reported that the Union submitted 15 certificate of authority
cards, all of which bore apparently genuine original signatures corresponding with names
of persons appearing on the Company 's pay roll of August 15, 1943, which contained the
names of 20 employees in the appropriate unit ; the cards were dated July 26, 27, and
28, 1943.
WILSHSRE CHEESE COMPANY 1433
to vote in the election be determined by the August 15, 1943, pay roll
to protect the rights of certain employees who have been temporarily
laid off .2 As it is our settled policy to declare persons temporarily
laid off eligible to vote, it is unnecessary that we depart from our
usual procedure. The election will be participated in by all em-
ployees 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wilshire Cheese
Company, Springfield, Missouri, 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 Director for the Seventeenth 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 those employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by Confectionery and Food Workers Union, Local 139, affiliated
with the American Federation of Labor, for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
2 Beulah Montgomery , who was temporarily laid off but subsequently refused an offer
of reemployment , is to be considered as an employee who quit.