Greenwich Oyster Co.

National Labor Relations Board - Board Decisions

Jun 5, 1947

73 N.L.R.B. 1459 (N.L.R.B. 1947)

In the Matter of GREENWICH OYSTER COMPANY, EMPLOYER and UNITED
OYSTERMEN'S UNION, LOCAL #19600, AFL, PETITIONER
Case No. /-8-513.Decided June 5, 1947
Stanger d Howell, by Mr. Robert G. Howell, of Bridgeton, N. J.,
for the Employer.
Mr. Albert K. Plone, of Camden, N. J., and Mr. Robert H. Rudolph,
of Port Norris, N. J., for the Petitioner.
11Mr. George H. Yaghjian, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Bridge-
ton, N. J., on March 4, 1947, before Helen R. Humphrey, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Greenwich Oyster Company, a New Jersey corporation with its
principal place of business at Greenwich, New Jersey, is engaged
in the business of packing oysters. During the 1946-47 packing
season, it purchased oysters valued in excess of $100,000, of which more
than 60 percent was shipped to its plant from points outside the State
of New Jersey. During the same period, it packed and shipped
oysters valued in excess of $100,000, of which more than 50 percent
was shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
' The hearing officer refused to permit the Employer 's counsel to question witnesses as
to whether or not the Petitioner represented a sufficient number of employees for the
Board to consider holding an election . For the reasons stated in the 0. D. Jennings case,
68 N L R . B. 516 , this ruling is affirmed
73 N. L. R. B, No. 248.
1459
1460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree generally that a unit of all production and main-
tenance employees, including oyster shockers, shell wheelers, oyster
carriers, and packing room employees, but excluding office clerical
employees and all supervisory employees, is appropriate. They are
in dispute as to the skimmer, packing room foreman,2 and shucking
room foreman. The Petitioner would include, and. the Employer
would exclude, these employees.
The shucking room foreman works along with the shuckers. He
spends practically all his time shucking oysters at piece rates. In
addition to his piece-rate earnings, he receives a small fixed sum of
money, the amount of which was not specified. The shucking room
foreman appears to function as a leadman or head shucker, as he is
commonly called in the industry. Real supervision over the shuckers
is apparently exercised by the packing room foreman. In the Cou-
bowrne cC Jewett case,3 we included head shockers in a production
and maintenance unit. We find that the shucking room foreman
is not a supervisor within the Board's customary definition. We shall
include him.
The skimmer measures and tallies the quantity of oysters shucked by
each man and also helps out in the packing room.4 We shall include
him.
The packing room foreman supervises the packing, shipping, shuck-
ing, and grading of oysters, and checks the quality of oysters received
from the boats which sell to the plant. He has the authority effec-
tively to recommend the discharge of shuckers and packing room em-
ployees. We find that he is a supervisory employee within the
Board's customary definition. We shall exclude him.
2 At the time of the hearing, under reduced operations , the packing room foreman was
also serving as skimmer.
3 Matter of Conbonrne & Jewett, 59 N. L. R. B 176.
4 At the time of the hearing , the skimmer was engaged in packing
GREENWICH OYSTER COMPANY 1461
We find that all production and maintenance employees,° including
oyster shuckers, shell wheelers, oyster carriers, packing room em-
ployees, and skimmer, but excluding office clerical employees, the pack-
ing room foreman, and all 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. TIIE DETERMINATION OF REPRESENTATIVES
The Employer's business is seasonal in nature. Operations usually
start about September 1 and end in April of the following year. Full
production is normally not achieved until after October 1. Both
parties oppose an election at the present time because of the decline
or discontinuance of operations. The Petitioner desires an election
about September 30, 1947; the Employer requests an election sometime
after October 15, 1947. In view of the seasonal pattern of the Em-
ployer's operations, we agree with the parties that no, election should
be held at this time. However, we shall not fix a specific date for
holding the election in the future inasmuch as it is presently impos-
sible- to determine when the Employer will achieve full production
during the coming season. Instead, we shall direct that an election
be held at such time during the fall of 1947 as the Regional Director
deems appropriate.
The parties disagree as to the pay-roll period to be used in determin-
ing the eligibility to vote. The Petitioner urges the use of the December
1-15, 1946, pay-roll period; the Employer seeks the use of the pay-
roll period immediately preceding the date of the election. Employ-
ment in the Employer's business is seasonal. Many of the employees
who worked for the Employer during December 1946 are not expected
to return for the new season. Other employees will be hired for the
first time. The use of the pay-roll period suggested by the Petitioner
would serve to disfranchise the latter group, the very employees who
have the most immediate interest in the selection of a bargaining repre-
sentative. Under the circumstances, we shall adhere to our decisions
in a number of comparable cases and direct that the election be held
among the employees in the appropriate unit who are employed dur-
ing the pay-roll period immediately preceding the date of the election.7
' This includes the shucking room foreman.
e
Member Reynolds agrees with the foregoing unit finding except that he would exclude
the skimmer.
7Matter of W]iate Pine Lumber Company, 72 N L It B. 1249; Matter of San Fer-
nando Heights Lemoa Association , 72 N. L. R . B. 372.
1462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Greenwich Oyster Company,
Greenwich, New Jersey, an election by secret ballot shall be conducted
on a date in the fall of 1947 to be selected by the Regional Director,
under the direction and supervision of the Regional Director for the
Fourth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Sections 203.55 and 203.56, of National
Labor Relations Board Rules and Regulations-Series 4, 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 the election, including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented
by United Oystermen's Union, Local #19600, AFL, for the purposes
of collective bargaining.