Maine Food Processors

National Labor Relations Board - Board Decisions

Sep 29, 1943

52 N.L.R.B. 990 (N.L.R.B. 1943)

In the Matter Of MAINE FOOD PROCESSORS and -AMERICAN FEDERATION
OF LABOR
Case No. 1-R-1571.-Decided September 29, 1943
Mr. Ralph E. Fraser, of Bangor, Maine, and Mr. Reginald Totman,
of Winterport, Maine, for the Company.
Mr. Stephen W. Pronicki, of Boston, Mass., and Mr. Benjamin
Dorsky, of Bangor, Maine, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition fully filed by American Federation of Labor, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Maine Food
Processors, Winterport, Maine, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Robert E. Greene, Trial Examiner. Said
hearing was held at Bangor, Maine, on September 7, 1943. The Com-
pany and the Union appeared, 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 opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Maine Food Processors operates a plant. at Winterport, Maine,
where it is engaged in the business of dehydrating potatoes. From
October 1942 to April 1943 the Company purchased 6,000,000 pounds
of potatoes, all of which was shipped to it from points within the
State of Maine. During the same period the Company sold 600,000
52 N. L. R. B., No. 172.
990
MAINE FOOD PROCESSORS 991
pounds of dehydrated potatoes , all of which was sold to the United
States Army. All dehydrated potatoes sold were shipped on Govern-
ment order to various points in the eastern part of the United States.
II, THE ORGANIZATION INVOLVED
American Federation of Labor is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION.
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of the Regional Director, introduced- into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all employees of the Company, excluding clerical employees,
guards, executives, and any other supervisory employees with author-
ity 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 means of an election by secret ballot among
the employees 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 Rela-
1 The Regional Director reported that the Union presented 55 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company 's pay roll
of August 14, 1943. There are approximately 95 employees in the appropriate unit.
992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIREarED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Marine Food
Processors, Winterport, Maine, an election 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 First 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 em-
ployees 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 any
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by the American Federation of
Labor for the purposes of collective bargaining.
CHAIRMAN MiLLis took no part in the consideration of the above
Decision and Direction of Election.