Asociacion Cooperativa Lafayette

National Labor Relations Board - Board Decisions

May 29, 1951

94 N.L.R.B. 911 (N.L.R.B. 1951)

ASOCIACION COOPERATIVA LAFAYETTE 911
seasonal in nature. There is disagreement among the parties as to the
exact date these operations will reach their peak. In accordance with
our policy, we shall, therefore, order that the election directed herein
be held at or about the peak of the season, on a date to be determined
by the Regional Director, among the employees in the appropriate
unit, who are employed during the payroll period immediately pre-
ceding the date of issuance of notice of election by the Regional
Director.4
[Text of Direction of Election omitted from publication in this
volume.]
4 See Associated Fish Products Company, 91 NLRB No 164
ASOCIACION COOPERATIVA LAFAYETTE ; CENTRAL JUNCOS ; CENTRAL
EUREKA; CENTRAL GUAMANI j CENTRAL EL EJEMPLO; CENTRAL
JUANITA and CONFEDERACION GENERAL DE TRABAJADORES DE PUERTO
Rico, PETITIONER
CENTRAL MERCEDITA, ET AL. and SINDICATO DE TRABAJADORES DE LA
INDUSTRIA AZUCARERA DE P. R. (CGT-CIO), PETITIONER
PORTO RICAN AMERICAN SUGAR REFINERY, INC., CENTRAL MERCEDITA,
INC. and UNION DE TRABAJADORES DE FACTORIA, REFINERIA, Y RAMAS
ANEXAS DE LA INDUSTRIA AZUCARERA, LOCAL 303, AFFILIATED TO THE
NATIONAL FARM LABOR UNION5 A. F. L., PETITIONER
CENTRAL MERCEDITA, INC. and UNION DE TRABAJADORES METALURGICOS
DE LA CENTRAL MERCEDITA DE PONCE, PETITIONER. Cases Nos. 04-
RC-136, 24-RC-138, 24-RC-139, 24-RC-141, 24-RC-11.2, -4-RC-
1¢3, 24-RC-137, 24-RC-106, and 24-RC-123. May 09, 1951
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
George L. Weasler, hearing officer., The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
'During the course of the hearing , the Petitioner in Case No 24-RC-137, which was
seeking a multiemployer unit covering , enter alga, the plants involved in Cases Nos
24-RC-136, 138 , 139, 141 , 142. and 143 , agreed to the principle of individual elections
at these six plants , and with the approval of the Regional Director , withdrew its petition
in Case No . 24-RC-137. Consent election agreements were thereafter entered into, and
notice of hearing was withdrawn, in Cases Nos 24-RC-138, 139, 141, and 142 The
Regional Director, on his own motion , also withdrew notice of hearing in Cases Nos.
24-RC-136 and 143 because of his expectation that consent election agreements would
be signed in these cases Accordingly , we are here concerned only with Cases Nos. 106
and 123, involving Porto Rican American Sugar Refinery, Inc, and Central Mercedita, Inc.
94 NLRB No. 139.
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Reynolds].
Upon the entire record in the case, the Board finds :
1. The Employer 2 is engaged in commerce within the meaning
of the Act.
2. The labor organizations involved 3 claim to represent certain
employees of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The appropriate units :
The A. F. of L. requests a unit of all production and maintenance
employees working for the Employer at its refinery and mill in
Mercedita, Puerto Rico, including sugar boiler helpers, electrical
and machine shop employees, railroad and maintenance-of-ways
employees, and plant clericals, but excluding all other clerical and
office employees, professional, administrative, and executive employ-
ees, guards, watchmen, timekeepers, professional sugar boilers, and
supervisors. The 0. 0. I. agrees that such a unit is appropriate. The
C. G. T.-C. I. O. contends that there should be separate units at the
mill and refinery, and seeks to represent only the employees at the
mill.
The U. T. Al. requests a unit limited to employees in the Employer's
machine shop. The Independent contends that these employees should
be included, as they have been in the past, in a unit of all' shop,
railroad, and maintenance-of-ways employees.
The Employer takes no position with respect to the scope of the
unit, but requests that foremen and plant clericals be excluded from
any unit or units found appropriate.
The Employer is engaged in the manufacture of raw and refined
sugar at Mercedita, Puerto Rico. At its mill, sugar cane is ground
and processed into raw sugar, which is then converted into white
sugar at the refinery. During the crop season, lasting from January
through June, the Employer has approximately 300 employees at
2 Porto Rican American Sugar Refinery , Inc , and Central Mercedita , Inc , herein j ointly
referred to as the Employer , are separate corporations , but are under the same management
and control.
3 The Petitioner in Case No. 24-RC-106, Union de Trabajadores de Factoria , Refineria, Y
Ramas Anexas de la Industria Azucarera , Local 303 , affiliated to the National Farm
Labor Union , A F L, is herein referred to as the A F. of L. ; and the Petitioner in Case
No. 24-RC-123, Union de Trabajadores Metalurgicos de la Central Mercedita de Ponce,
as the U . T Al The following unions were permitted to intervene • Union Independiente
de Trabajadores de Taller , vias y Obras, herein called the Independent ; Sindicato de
Trabajadores de la Industria Azucarera de P. R. (CGT-CIO), herein called the
C G T.-C I 0 and Organization Ohrera Insular piesidida por Tomas Mendez Mejias,
herein called the 0 O. I.
ASOCIACION COOPERATIVA LAFAYETTE 913
the mill and 400 at the refinery. In addition, it has approximately 125
employees who work in its electrical and machine shops, on its
railroad, and on maintenance-of-ways.
The mill and refinery are in separate buildings, located on adjoining
tracts of land. They have the same general superintendent, but there
is an assistant superintendent in charge of each plant. Although
both plants are engaged in the production of sugar, the processes are
different, and there is practically no interchange of employees or
supervisors. Wages and hours at the refinery are governed by the
Fair Labor Standards Act, and at the mill by Decree No. 3 of the
Insular Minimum Wage Board. In general, however, the Employer's
labor policy is the same at both plants. They have the same personnel
director.
The shop, railroad, and maintenance-of-ways employees are sep-
arately located, have their own supervisor, and do no production
work in either plant. Unlike the mill and refinery employees, they
work throughout the year. The electrical shop employees do what-
ever electrical work is needed; the machine shop employees repair
the Employer's machinery; the maintenance-of-ways employees lay
and repair tracks; and the railroad employees operate the Employer's
locomotives.
In 1949, the Board, after consent elections in three units, compris-
ing, respectively (1) production and maintenance employees at the
mill, (2) production and maintenance employees at the refinery, and
(3) shop, railroad, and maintenance-of-ways employees, certified
Sindicato de Trabajadores de la Industria Azucarera, C. G. T., Inc. ,4
as the representative of the mill and refinery employees, in separate
units, and the Independent as the representative of the shop, rail-
road, •and maintenance-of-ways employees. Separate contracts, cov-
ering the three units, were thereafter executed. New contracts on the
same basis were executed in 1950, all of which expired in December
1950.
Upon the above facts, we are of the opinion that, because of the
unified nature of the Employer's operations, the physical proximity of
its plants, and its common over-all supervision and labor policy, the
employees in all three of the above groups have a sufficient community
of interest to warrant their inclusion in the same unit.5 In view of our
previous certifications and the separate bargaining history of the three
groups, however, we believe that they may, 'if they so desire, also con-
stitute separate units. Furthermore, although the record is not en-
tirely clear as to the classifications of employees in the group which
the U. T. M. seeks to sever from the existing unit of shop, railroad,
4 In November 1949 , the C G . T, Inc. , became affiliated with the C. I. 0.
6 Eastern Sugar Associates , 80 NLRB 73.
953841-52-vol. 94-59
1
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and maintenance-of-ways employees, they appear to be the usual type
of machine shop employees. We have previously held that such em-
ployees may, if they so desire, constitute a separate unit, notwith-
standing a history of bargaining on a broader basis.6
There remains for consideration the question of the inclusion or ex-
clusion of the so-called plant clericals and the foremen. Both groups
have been excluded Linder previous contracts. The record indicates
that the plant clericals-approximately 25 in number-are employees
attached to the accounting department who keep records of incoming
and outgoing merchandise, handle vouchers and requisition slips, make
inventories; and advise the general office when stocks are low. In our
opinion, they are office clerical employees rather than plant clericals,
as the Board ordinarily uses that term. We shall therefore exclude
them from the bargaining units.
The foremen-about 25 or 30 in number-direct groups of 5 to 15
employees, showing them how to do the work, watching to see how it is
done, and helping when needed. They appear to have authority effec-
tively to recommend the hiring and discharge of employees. We find
that they are supervisors, within the meaning of the Act, and shall
therefore exclude them.
We shall, accordingly, direct elections by secret ballot among the
employees in the following voting groups :
Group 1: All production and maintenance employees at the Em-
ployer's refinery at Mercedita, Puerto Rico, including sugar boiler
helpers, but excluding electrical and machine shop employees, and
railroad and maintenance-of-ways employees, clerical and office em-
ployees,7 professional, administrative, and executive employees, guards,
watchmen, timekeepers, professional sugar boilers, foremen, aiid all
other supervisors as defined in the Act.
Group 2: All production and maintenance employees at the Em-
ployer's mill at Mercedita, Puerto Rico, including sugar boiler helpers,
but excluding electrical and machine shop employees, railroad and
maintenance-of-ways employees, clerical and office employees,8 pro-
fessional, administrative, and executive employees, guards, watchmen,
timekeepers, professional sugar boilers, foremen, and all other super-
visors as defined in the Act.
Group 3: All electrical shop employees and railroad and mainte-
nance-of-ways employees at the Employer's mill at Mercedita, Puerto
Rico, excluding clerical and office employees,9 professional, adminis-
trative, and executive employees, guards, watchmen, timekeepers,
foremen, and all other supervisors as defined in the Act.
6 Kimberly-Clai k Corporation, 91 NLRB No. 133.
7 Including the so-called plant clericals.
8 Including the so-called plant clericals
9 Including the so-called plant clericals.
i
BROOKS-NOBLE AUTO PARTS & MACHINE CO., INC. 915
Group 4: All machine shop employees at the Employer's mill at
Mercedita, Puerto Rico, excluding clerical and office employees,'0 pro-
fessional, administrative, and executive employees, guards, watchmen,
timekeepers, foremen, and all other supervisors as defined in the Act.
We shall, however, make no final unit determinations at this time,
but shall first ascertain the desires of the employees as expressed in
the elections.
5. Determination of representatives :
At the hearing, the parties agreed that any election or elections in
this case should be conducted during the months of April, May, or
Jape 1951, at a specific time to be designated by the Regional Director
for the Twenty-fourth Region. In view of the length of time that
has elapsed since the hearing, we shall follow our usual practice and
direct that the elections be held as early as possible, but not later than
30 days from the date of our Direction.
[Text of Direction of Elections omitted from publication in this,
volume.]
10 Including the so-called plant clericals.
BROOKS-NOBLE AUTO PARTS & MACHINE CO., INC. and INTERNATIONAL
ASSOCIATION OF MACHINISTS, PETITIONER . Case No. 15-RC-498.
May 29, 1,951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Richard C. Keenan, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Reynolds].
Upon the entire record in this case, the Board finds:
1. The Employer, Brooks-Noble Auto Parts & Machine Co., Inc.,' a
Mississippi corporation, is engaged in the wholesale distribution and
sale of automotive parts, including the sale of parts, accessories, and
rebuilt engines to independent dealers, fleets, and garages. It main-
tains stores in Jackson, Canton, Forest, Hattiesburg, and Hazlehurst,
all in the State of Mississippi. It also maintains, at the Jackson loca-
tion, a machine shop employing 21 employees, and a machine shop at
Hattiesburg employing 1 machinist. Only the Jackson machine shop
1 The Employer 's name appears as amended at the hearing.
94 NLRB No. 143.