Eugene Fruit Growers Association

National Labor Relations Board - Board Decisions

Jul 28, 1945

62 N.L.R.B. 1495 (N.L.R.B. 1945)

In the Matter of EUGENE FRUIT GROWERS ASSOCIATION (JUNCTION CITY
PLANT) and CANNERY WORKERS UNION, LOCAL 23031, AFFILIATED
WITH THE A. F. OF L.
In the Matter of EUGENE FRUIT GROWERS ASSOCIATION (EUGENE CITY
PLANT) and CANNERY WORKERS UNION, LOCAL 23031, AFFILIATED
WITH THE A. F. OF L.
Cases Nos. R-5456 (19-R-1107) and R-5607 (19-R-1133), respectively
SUPPLEMENTAL DECISION
July 28, 1945
On July 29, 1943, the National Labor Relations Board issued a Decision
and Direction of Election in the above-entitled consolidated proceedings,'
and on September 7, 1943, a Certification of Representatives, therein cer-
tifying that Cannery Workers Union, Local 23031, affiliated with the
American Federation of Labor, herein called the Union, was the exclusive
bargaining representative of all persons employed by Eugene Fruit Growers
Association, herein called the Company, at its Junction City and Eugene,
Oregon, plants, excluding office and clerical employees and supervisory
employees having the right to hire, promote, discipline, discharge, or other-
wise effect changes in the status of employees, or effectively reconunend
such action. On March 5, 1945, the Union filed a motion for clarification,
requesting that the Board determine whether employees in certain cate-
gories were included in the bargaining unit, as the Union contended, or
excluded from the bargaining unit, as the Company contended, on the
ground that they were supervisory employees within the Board's definition
of that term. On March 9, 1945, the Board, having duly considered the
motion, deemed it necessary to receive further evidence and ordered that
the record be reopened and the case remanded to the Regional Director
for the Nineteenth Region, Seattle, Washington, for the purposes of fur-
ther hearing.
Pursuant to notice, further hearing was held at Eugene, Oregon, on
April 9 and 10,1945, before John E. Hedrick, Trial Examiner. The Company
and the Union appeared, participated, and were afforded full opportunity
151N L. R. B 835
62 N. L. R. B., No. 209.
1495
1496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 opportunity to file briefs with the Board.
Upon the record made at the further hearing, and upon the entire record
in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
1. THE COMPANY'S OPERATIONS
Eugene Fruit Growers Association is a cooperative association created
to process, by canning, drying, and packing, fruits, vegetables, and nuts
grown by its producer stockholders. The control of the Company's affairs
is vested in a board of directors, which delegates the conduct of the business
to a general manager. The main office (a separate building) and the main
plant, consisting of several separate buildings and several connected build-
ing units, under one roof, are at Eugene. Thirteen miles distant is the
much smaller junction City cannery and warehouse, all under one roof.
Processing activities at the Eugene plant usually begin early in July
and extend through January of the following year. During the off season,
warehousing activities, the repair of machines, and the maintenance of the
plant occupy the year-round crew. During the off season, from 125 to 150
employees are carried on the Eugene plant pay roll. If cherries are being
processed, additional employees are added in May for a 10- to 14-day
period. The substantial seasonal increase, however, begins at the end of
July when 1,500 to 1,600 employees are added. On or about October 1 the
pay roll is reduced, and 500 to 700 employees are all that are required for
the fall and winter packing. Seasonal employees may register in March
for the season or for work in individual crops At the Eugene plant, 35 or
40 varieties of fruits and vegetables are handled. At the junction City
cannery only beans and carrots are now processed. The junction City
plant superintendent is subject to the general manager and, so far as can-
nery operations are concerned, to be general plant superintendent at Eu-
gene. There are 7 year-round employees at the junction City plant. In
1943, there were 83 operating clays at this plant and a total of 285 employ-
ees. In 1942 the canning of beans began at junction City on August 5 for
35 consecutive working days, while the carrot season lasted from October
12 to January 20 of the following year. There are short crews at the begin-
ning and end of each season.
Under the general manager, the Company's operations, with headquar-
ters at Eugene, are subdivided for administrative purposes into (1) cannery
production under the general plant superintendent,2 (2) nut processing,
2 The super mtendent of the cannel y at junction City is under the general supervision of the gen-
cial plant superintendent
EUGENE FRUIT GROWERS ASSOCIATION 1497
brine cherry barreling, and vegetable and fruit dehydration, under the
superintendent of nut processing and dehydration ; (3) warehousing under
the superintendent of the warehouse;' (4) cold storage and locker division
under the cold storage superintendent ; and (5) field and (6) purchasing
departments under their respective heads.' There are also small separate
departments, known as the boiler room and the* machine shop, mainte-
nance, empty can, and box departments, headed by working foremen under
the general manager and superintendent. These foremen and other fore-
men, assistant foremen, and inspectors, working under the administrative
superintendents charged with handling and processing products, are em-
ployees concerning whom issues have arisen.
In all fruit, nut, and vegetable processing, men perform the lifting and
other heavy work, and women do the sorting and cleaning of the food
products. The foreman in charge of each shift operation carries the respon-
sibility for the quality and quantity of work performed by men and women.
He does not, however, deal directly with the individual women workers,
but takes up any problem connected with their work with the forelady or
inspector over them. There is a day forelady and a night forelady or inspec-
tor in general charge of women workers.
IT. THE DISPUTED CATEGORIES
The Union and the Company agree that the general manager, the general
plant superintendent, the cannery superintendent at Eugene, the cannery
superintendent at function City, the forelady at each cannery and at the
nut processing house, the cook room foreman, the cold storage foreman,
the superintendent of nut processing, cherry barreling, and dehydration,
the warehouse superintendent, and the warehouse foremen are supervisory
employees and properly excluded from the appropriate unit. They disagree
as to the following foremen, assistant foremen, and inspectors.
A Cannery Operations
Supervision of all production cannery operations is vested in the general
plant superintendent, under whom are his assistants, the Eugene plant
superintendent, and the junction City plant superintendent, and under
them are several foremen or assistant foremen, foreladies, and inspectors.
The two principal cannery foremen at Eugene are in charge of the
production of fruit and vegetables, respectively.
1. Preparation-vegetable cannery foreman. The preparation of vege-
tables for canning lasts from 5 to 7 months in the year. Several kinds of
8 The warehouse foreman at junction City is under the superintendent of the warehouse at
Eugene.
4 The present issues relate principally to workers engaged in the details of processing and han.
dling involved in preserving , packing, and storing fruits , vegetables , and nuts No employees in the
field and purchasing departments are directly concerned in the present issues.
1498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vegetables may be in preparation at one time. During this period the fore-
man is responsible that men and women workers properly prepare and
handle vegetables sent in by the growers for canning. He exercises the
right to hire and discharge men in his department, who' number 60 to 200
and who fill cans, feed machines, and do clean-up' and truck work. He
adjusts grievances that may arise among them. If machines break down
during the season, a machine repairman makes the necessary repairs under
the supervision of the foreman. Several foremen or assistant foremen work
under him.
During the off-season, under the general supervision of the assistant
plant superintendent in charge of the maintenance of equipment, the can-
nery foreman, with one or more helpers, devotes his time to repairing and
overhauling the machinery in his department and otherwise working with
tools in general maintenance work. He receives a salary of $215,per month
throughout the year for a normal work week.
2. Preparation-fruit cannery foreman: The foreman of the fruit depart-
ment similarly supervises the grading and canning of fruit from 4 to 5
months during the season and serves as a maintenance employee during
the remainder of the year, receiving $215 per month. As foreman, he may
hire and discharge employees. He has a crew of 10 to 25 men and, through
the forelady or inspector, controls the work of women workers in the
department.
3. Other foremen or assistant foremen: Foremen listed as foremen or
assistant foremen in the vegetable preparation (men's) division receive
90 cents to $1 per hour throughout the year.' During the heavy processing
season and from approximately 3 to 6 months in the year, they work as
assistant foremen on day or foremen on night shifts, supervising 12 to 20
men working under them in the several vegetable crop preparations. Fore-
men and assistant foremen observe the running of machinery and check
the time cards of seasonal workers. They settle grievances and hire em-
ployees. Processing formen and assistant foremen have authority to dis-
charge. Being advised of the amount of material to be processed, foremen
and assistant foremen decide how long the men shall work in a given day:
Assistant foremen do machine or plant maintenance work during the bal-
ance of the year. The wages of foremen and assistant foremen remain the
same, whether they are serving as processing foremen or maintenance men.
An assistant foreman in the preparation fruit department is also a year-
round employee, receiving $200 per month The pear and cherry processing
are about 6 weeks each. He serves as foreman for cherries and pears when
there is a night shift and has approximately 12 men under him, otherwise
he is assistant foreman. The assistant foreman is a grading supervisor for
2 or 3 weeks prior to pear canning. He may hire employees on the night
Unskilled male employees receive 77 % cents per hour.
EUGENE FRUIT GROWERS ASSOCIATION 1499
shift, but he has not done so. The assistant foreman works as maintenancea
employee during the non-processing season. '
4. Inspectors: Although foremen are responsible for the finished work
of women employees. they do not directly supervise individual workers.
A forelady at each plant is generally in charge of the work of the women.
The forelady goes about the plant.where women*are working and is con-
sequently not always present at any one cannery operation for any length
of time. The direct supervision of the women workers is vested in inspectors,
who are seasonal workers only. Inspectors teach new employees to pick
over and prepare vegetables for canning, which is the usual work of women
employees. An inspector continually watches the preparation work and
examines scrap baskets to see if the work is properly done. She returns bad
or dirty fruits or vegetables to the workers and reprimands them for negli-
gent work. She may reassign workers on her line to other positions. She
settles grievances if she can. There are frequent grievances due to bad
light, drafts, dampness, or work placements. When the forelady leaves the
plant for lunch or any other purpose, an inspector is placed in charge. At
_ the Junction City plant the inspector stands at the end of a j roduction line,
continually watching workers for time and skill. At the Eugene plant,
where there may be 44 employees on a line, inspectors do not stand in any
one place, but walk among the workers on each side of their lines.
The canning season lasts 6 or 7 months during the year. When the can-
ning season begins, inspectors serve as ordinary workers. As the number
of workers increases, they assume their duties as inspectors. "White cap"
or experienced inspectors, who may work on any products, receive 5 cents
per hour more than ordinary workers. "Blue cap" or less experienced
inspectors, who are restricted to certain products, receive 2/ cents more.
White cap inspectors receive the same wage whether they work as inspec-
tors or production workers, but blue cap inspectors receive the higher
' wage only when they act as inspectors. There is no difference in the duties
of white cap and blue cap inspectors when they serve as inspectors. Inspec-
tors, as a rule, supervise from 9 to 44 girls. There are approximately 4
cannery inspectors at the junction City plant and about 11 at Eugene.
Some inspectors work in the nut processing department. Inspectors in all
group processing operations have similar duties. Inspectors generally check
the time cards and recommend additional employees. When inspectors
serve as foreladies on the night shift, they hire'and discharge, as inspectors,
they recommend hire and discharge, and their recommendations are fol-
lowed.
B. The Cook Room
1. The assistant cook room foreman- Under the foreman of the cook
room, who the parties agree should be excluded from the bargaining unit,
is the assistant cook room foreman, -a year-round employee, who receives
1500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
$1.02 per hour. He serves as night foreman during the rush season, which
lasts from 5 to 6 months a year, and, during the off season, does main-
tenance work. The assistant cook room foreman checks instruments in the
cook room, temperatures, pressure heat, and' the operations of machines,
supervising 15 to 40 men. He assigns, assists, and instructs employees.
On the night shift he hifes and discharges employees. The men keep their
own time records, and he approves their time slips.
2. The retort man: The retort man is in charge of the pressure cooker.
He receives 98/ cents per hour throughout the year. During the season,
from 6 to 7 months during the year, he has working under him from 1 to 15
men. As the filled cans come into the room, it is the retort man's duty to
see that they are placed in the right retort for cooking. He settles grievances
among his employees and he has hired and discharged employees. During
the balance of the year, he is a titaintenance man. There is a retort man
on each of the shifts.
3. The cook room mechanic: The cook room mechanic during the proc-
essing season is charged with the duty of keeping the lines running. He
receives 98/ cents per hour and takes his orders only from the cook room
foreman, and he supervises anyone working in the cook room. He some-
times works on the night shift. He instructs other employees who may
assist him in the greasing of machines and in the running of machinery.
During the processing season he spends about 3 hours per day with tools.
He takes readings to see that the machines are registering properly. He has
neither hired nor discharged any employee, but he may recommend dis-
charge. He has not settled grievances, but has the authority to do so. He
assigns employees from one job to another, and takes the place of the
assistant foreman during his absence.
C. The Receiving Department
The receiving foreman: The receiving foreman, a year-round worker,
is in charge of the lots of vegetables as they come in. He may have several
crews working tinder him at one time. He works on all products. During
the off season he prepares scales and other equipment for use for the next
season.
D. The Nut Processing, Cherry, and Dehydrating Department
In a separate building at the Eugene plant, nuts and cherries are proc-
essed and packed, and 200 workers are employed during the peaks The
superintendent of the department, tinder the general manager, has super-
vision over all work of the department and hires and discharges his crews
on the recommendation of his foremen. He is assisted by a forelady, who
6 The Company had discontinued the dehydration of vegetables at this time. The cherry processing
season Is about 4:wceks, the nut season 2 to 4 months
O
EUGENE FRUIT GROWERS ASSOCIATION 1501
has general charge of all women workers in the department, and 5 or 6
foremen. The plant runs three shifts during the peak. The Union and the
Company agree that the superintendent of this department and the fore-
lady should be excluded from the bargaining unit.
1. As to foremen: Under the superintendent of the department are sev-
eral seasonal foremen who work on shifts as processing foremen of crews,
all or part of the processing season, and who do various other non-super-
visory work during the processing season and maintenance work during
the off season. As foremen, they have 7 to 20 men under them. One such
foreman supervises the barreling of cherries` and supervises filbert packing.
On occasion he also drove a truck, sewed filbert and walnut sacks, and
supervised loading sacks onto cars for a day or two at a time. As super-
visor, he has 5 or 6 men under him and works along with his ci:ew. He
assigns men to work and takes his orders only from the superintendent of
the department, who is generally present in the plant during the clay.
Another foreman in this department works as a supervisor on processing
cherries or nuts 3 to 4 months during the year, and on beans for 2 months
during the year. While working on beans, he has 20 men under his super-
vision. He is responsible for the grading of the beans, during which time
about 30 percent of his work is physical. He samples the beans and is the
only employee doing this work. He keeps a record on the wastes and culls
on the lot cards of the growers. The work on the nuts is partly physical
work and consists in moving sacks of 75 to 100 pounds. Other foremen in
this department do more or less physical work with their crews. They work
in the department about 4 months in the year as supervisors. Some of them
hire members of their crew, particularly when they are Nv orking on the night
shift and no superior employee is present.
2. Inspectors: The forelady at the plant has 2 or 3 inspectors under her
who are in charge of groups of women employees. The duties of inspectors
are all more or less alike. Inspectors in the department have 7 to 22 women
under them, processing, sorting, and packing fruit and nuts.
E. The Boilcr Room
The foreman of the boiler room, a year-round employee, is in charge of
steam equipment; with two boilers and three pots. There are many steam
lines running from the boiler room throughout the plant into the cookers.
The foreman is responsible for*the upkeep of steam and the maintenance
of steam equipment. Working under his supervision are three firemen, one
on each shift. The foreman may have a helper, in addition to the firemen,
whenever he wishes. The foreman of the boiler room makes any repairs on
the steam lines that may be necessary. He spends 3 or 4 hours per clay with
7 The cherry barreling crew includes other seasonal foremen
1502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tools, and checks materials and looks over the plant during the rest of the
time. He receives $1 per hour. He has never hired any employee, but his
recommendations would be followed. He discusses grievances with his
workmen and has taken up grievances for them to the superintendent.
F. The Box Department
The Company operates at Eugene a box department for the making and
repair of the boxes used by the growers to transport their produce from
their farms to the cannery. The department, under the control of the gen-
eral plant superintendent, is small, consisting of a foreman, a year-round
employee, assisted during the non-processing months by one helper and
during the processing season by four or five helpers. The foreman receives
98/ cents per hour, "considerably" more than his helpers 8 The box fore-
man has charge of the conveyor that handles the boxes, sorting them for
repair or return to the growers. He operates a box machine, strippers, and
other equipment needed for the repair and manufacture of boxes. For
about 6 months of the year, the foreman performs approximately 50 percent
of the manual work done in his department and, during the remainder of
the year, he spends less than 20 percent of his time in manual work.
The foreman of the box department keeps box records on the individual
growers, making a tabulation and record of boxes. In the off season about
50 percent of his time is devoted to clerical work; during the season, less
than 20 percent.
The box department is under the charge of the Company's general super-
intendent. The foreman works under no direct or close supervision. He
sees'the general superintendent two or three times during the year when
the latter may come into the yard. He may consult the general superin-
tendent whenever he wishes to do so.
G. The Machine Shop -
In the machine shop are two metal lathes, a shaper, a drill press, a
milling machine and grinder, and a sheet metal department. There are
approximately three skilled men and their helpers working in the machine
shop under the supervision of the machine shop foreman, who has charge
of the maintenance of the plant, makes replacement of machinery as ma-
chines wear out, and new parts. The machine shop foreman receives $216
,per month and maintains his position throughout the year. He works about
50 percent of the time with tools, otherwise he directs employees in his
department. Both the foreman and his helpers do welding work. The fore-
man receives the complaints of employees and if necessary takes them up
to the superintendent. He orders parts and maintains a storeroom.
8 As noted above , the ordinary male worker receives 771/2 cents per hour The next higher rate, for
skilled men , is 81% cents per hour
EUGENE FRUIT GROWERS ASSOCIATION 1503
H. The Maintenance Department
1. Draftsman: In the maintenance department, which is under the gen-
eral supervision of the general manager and general plant superintendent
at Eugene, is a draftsman, architect, or engineer who receives $200 per
month during the year. This employee, whom the Company describes as a
"technical" employee, has general charge of building maintenance. Depend-
ing upon the work which he plans to do, he has 2 to 25 men under his
general direction. The draftsman makes the plans and supervises generally
their execution. A working foreman has direct charge of the crew. The
draftsman designs not only new building construction, but also makes parts
and machinery. His drawings for machine parts go to the machine shop for
making. The draftsman has no helper in the drafting room. He has nothing
to do with the ordinary machine repair. He suggests the hiring of men, and
his suggestions are followed. He has handled grievances for maintenance
men with his superiors. _
2. The foreman: The maintenance foreman who carries out the work
according to the plans of the draftsman has a crew of from 2 to 20 em-
ployees working directly with him or under him. This working foreman
receives 98/ cents per hour. He has neither hired nor discharged any
employee. He would settle any grievances that he could among his helpers.
He requests more help if he needs it. The draftsman regularly checks the
time cards of the men who work in his crew.
I. The Empty Can Foreman
Foreman: The Company places in charge of its empty can department a
foreman who works on the can supply about 9 months during the year.
During the other months, he prepares his department for the processing
season. He handles his own crew, hiring and discharging them as he sees
fit. His crew fluctuates according to the number of cans required.
J. The Junction City Plant
1. Cannery foreman at the Junction City plant- The Junction City plant
is under the jurisdiction of a superintendent who works under the general
direction of the general plant superintendent at Eugene. The Junction City
plant is 13 miles distant from Eugene. Under the superintendent of the
Junction City plant is a cannery foreman, who has authority to hire and
discharge employees and who supervises the cannery operations under the
direction of the superintendent during the entire processing season. During
the off-season, this cannery foreman is in charge of the maintenance and
repair crew at the plant, and he does some repairing himself.
2. Inspectors. The three or four inspectors at the plant have duties sim-
ilar to inspectors at the Eugene plant. The crews are smaller and inspectors
1504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
remain at one end of the production line where they can watch all workers,
without moving among them.
Conclusions
Inspectors, foremen and assistant foremen, the assistant cook room fore-
man, the retort men, and the cook room mechanic, the receiving foreman,
the foremen in the nut processing, cherry, and dehydrating department, the
foreman at the junction City plant, the foremen of the box department and
the empty can department during the Company's seasonal operations have
substantial authority to affect the status of seasonal employees during the
period of their employment. The foreman in the boiler room, the draftsmen
or engineer, the foreman in the machine shop, and the foreman in the
maintenance department have substantial authority to affect the status of
employees even beyond the processing season. We find that employees in
the disputed categories are supervisory employees under our usual definition
of that term, and, as such, deem them excluded from the bargaining unit
largely composed of seasonal employees!
CHAIRMAN HERZOG took no part in the consideration of the above Sup-
plemental Decision.
9 Matter of Val Vita Food P,oducts, 45 N. L R B. 23