Rock Island Produce Co.

National Labor Relations Board - Board Decisions

Apr 2, 1943

48 N.L.R.B. 930 (N.L.R.B. 1943)

In the Matter of Louis RICH, IDA RICH, AND ROSELYN RICH, DOING
BUSINESS AS ROCK ISLAND PRODUCE COM PANY and AMALGAMATED
MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, DISTRICT
UNION No. 431,,AFFILIATED WITH A. F. OF L.
Case No. R-4998.-Decided April'2,1943
Jurisdiction : egg and poultry, industry. ,
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition until certified by the Board ; employees temporarily-
transferred to another of the company's plants, held eligible to vote ; current
pay-roll to determine eligibility notwithstanding the union's desires for an-
earlier pay-roll ; election necessary
Unit Appropriate for Collective Bargaining : all employees at one of the com-
pany's plants engaged in the wholesaling, producing, and processing of eggs
and poultry, with specified exclusions.
Mr. Ben T. Reidy and Mr. Isador I. Katz, of Rock Island, Ill., for
the Company.
Mr. Jasper Rose, of Davenport, Iowa, for, the -Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters & Butcher
Workmen of North America, District Union No. 431, affiliated with the
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Louis Rich, Ida Rich, and Roselyn Rich, doing business as Rock
Island Produce Company, Rock Island, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-'
priate hearing upon due notice before Leon A. Rosell, Trial Examiner.
Said hearing was held at Rock Island, Illinois, on March 12, 1943.
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
48 N. L. R. B, No. 108.
930
ROCK ISLAND -PRODUCE COMPANY 931.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
-'I. THE BUSINESS OF THE COMPANY
Rock Island Produce Company is a partnership consisting of Louis
Rich, Ida Rich, and Roselyn Rich, and is engaged in the buying and
selling of eggs and poultry. The Company operates plants at Daven-
port, Iowa, Galesburg, Illinois, and Rock Island, Illinois; the Rock
Island plant is the only one involved in this, proceeding. During the
year 1942, the Company's purchases of produce amounted to approxi-
mately $1,900,000, 65 percent of which was shipped to its Rock Island
plant from points outside the State of Illinois. During the same
period the Company's sales from the Rock Island plant amounted to
approximately $2,000,000, 75 percent of which was shipped to points
outside the State of'Illinois. The Company admits that it is engaged
in commerce within the meaning of the Act.
H. TIIE ORGANIZATION INVOLVED '
Amalgamated Meat Cutters & Butcher Workmen of North America,
District Union No. 431, affiliated with the American Federation of
Labor, is a labor or'ganiz_ttion. admitting ,to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about January 25, 1943, the Union requested the Company
to recognize it as the bargaining representative of the Company's
employees. At a conference lield,on February 1, 1943, the Union was
informed by the Company's counsel that recognition would not be
granted unless and until the Union, was certified by the Board.
A statement prepared by the Regional Director, and introduced in
evidence at the hearing, indicates that the Union represents a sub-
stantial 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 Act.
IV. THE APPROPRIATE UNIT
The Union requests a unit consisting of all employees of the Rock
Island plant engaged in wholesaling, producing, and processing of
'The Regional Director's statement shows that the Union submitted 12 application for
membership cards: all of winch bear apparently- genuine signatures , and 11 of which bear
the names of persons whose names are on the Company's pay roll of February 11, 1943 ;
the pay roll contained the nanfes of 19 employees in the appiopiiate unit . The 11 cards
ware dated J anuai y 1943.
521247-43-vol. 48-60
932 DECISIONS -OF NATIONAL, LABOR RELATIONS BOARD
eggs and poultry, excluding truck drivers, truck- buyers, office, and
clerical workers, supervisory employees, working foremen and those
having the right to hire and discharge,' all seasonal and temporary
employees, car men and drovers, and the fireman-and janitor. The
Company took no position with respect to the appropriate unit.
The record shows that the unit requested -by the'-Union would be
composed only ofthe experienced production workers who are reg-
ularly employed at the Rock Island plant. The seasonal, workers,,
whom,the Union, would exclude, work for varying periods'-between
August and December, during the poultry season. The Company does
not oppose their, exclusion; the Union has not organized them and it.
appears that they are normally not included in collective bargaining
contracts in the industry. We shall exclude them. The other exclu-
sions sought-by the Union are customary and are not opposed by the
Company. Accordingly, ' we find that all employees of the Rock'
Island plant engaged in wholesaling, producing, and processing of
eggs and poultry, excluding truck drivers, truck buyers; ; office and
clerical workers, supervisory employees, working foremen and those
having the right to hire or discharge, all seasonal and temporary
employees, car men and drovers, and, the fireman and janitor, consti-
tute a unit appropriate- for' the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act 2
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. Although the Union requested that
eligibility. to vote be determined by the pay roll of February 11,
1943, no reason appears :for departing from our customary ',practice,,
particularly since we have found that the employees -temporarily'
transferred to the Davenport plant are eligible to vote. Accordingly,
those eligible to vote shall be employees 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-
2 At the time of the hearing about eight employees had been temporarily transferred to
the Davenport plant , which operates between March and June. The Company will recall
these employees to-the Rock Island plant at least by the end of June. We find that theyr
are within the unit and eligible to vote.
ROCK ISLAND PRODUCE COMPANY 933
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DiRECrED that, as part of the investigation to ascertain representa-
tives for the purposes- of collective bargaining with, Louis Rich, - Ida
Rich, and Roselyn Rich, doing business as Rock Island Produce
Company, Rock Island, Illinois, 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 Thirteenth Region, acting in this
matter as-agent for the National Labor Relations Board; and subject
to Article III, Section 10, 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 any such employees who did not
work during said pay-roll period because they were ill or, on vaca-
tion 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
Amalgamated Meat Cutters & Butcher Workmen of North' America,
District Union No. 431, affiliated with the A:F. of L., for the purposes-
of collective bargaining. . ' . .- . -