Hygrade Food Products Corp.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 878 (N.L.R.B. 1943)

In the Matter of HYGRADE FOOD PRODUCTS CORPORATION and BUTCHERS
UNION LOCAL 174, AMALGAMATED MEAT CUTTERS AND BUTCHER
WORKMEN OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FED-
ERATION OF LABOR -
Case No. R-5666.-Decided July 30, 1943
Schapiro, Wisan cfi Shapiro, by Mr. Harold Wisan, of New York
City, for the Company.
Mr. William Carlin, of New York City, for the A. F. L.
Mr. George B. Astley, of Newark, N. J., for the Association.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Butchers Union Local 174, Amalgamated
Meat Cutters and Butcher Workmen of North America, affiliated
with the American Federation of Labor, herein called the A. F. L.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Hygrade Food Products Corporation,
A. Fink and Sons Co. Inc. Division, Newark, New Jersey, herein col
lectively called the Company, the National Labor Relations` Board
provided for an appropriate hearing upon due notice before Cyril W.
O'Gorman, Trial Examiner. Said hearing was held at Newark, New
Jersey, on July 12, 1943. At the commencement of the hearing, the
Trial Examiner , over objection by the A. F. L. granted a motion of
United Workmen's Mutual Aid Association, herein called the Associa-
tion, to intervene. The Company, the A. F. L., and the Association
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and tointroduce evi-
dence bearing on the issues.' The Trial Examiner's rulings made at
i Packinghouse Workers Organizing Committee, C. I. 0., herein called the C. I. 0.,
although duly notified , made no appearance at the hearing . However, prior thereto, the
C. I. 0. asserted an interest in the employees involved herein and submitted to the Regional
Director designation cards in support thereof . See footnote 3, infra.
51 N. L. R. B., No. 136.
878 -
HYGRADE FOOD PRODUCTS CORPORATION 879
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hygrade Food Products Corporation, a New York corporation with
its principal office and place of business in New York City, is en-
gaged in the manufacture, processing, sale, and distribution of cheese
and other food products. For this purpose, it maintains and op-
erates several plants either directly or through subsidiaries. We
are concerned herein with the Newark, New Jersey, plant of the
Company which is operated through a subsidiary known as A. Fink
& Sons Co. Inc. The Company is there engaged" in butchering,
processing, and distribution of meat and meat products. The Com-
pany purchases raw materials valued in excess of $100,000, consisting
principally of hogs, cattle, and provisions for use at the Newark
plant, of which more than 75 percent of the hogs comes from points
outside the State of New Jersey; and approximately 50 percent of
the finished products of the Company is shipped to points outside
the State of New Jersey. A large percentage of the products are
used in supplying the United States War and Navy Departments
and the Lend-Lease Administration. We find that the Company is
engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
Butchers Union Local 174, Amalgamated Meat Cutters and Butcher
Workmen of North America, is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
Packinghouse Workers Organizing Committee is a labor organi-
zation affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
United Workmen's Mutual Aid Association is an unaffiliated labor
organization, admitting to membership employees of the Company.2
2 The A . F. L., as hereinbefore indicated , opposed the motion of the Association to inter-
vene. It contended that the Association , although it had once been a bona fide labor
organization ( and had, in fact, been previously certified as the exclusive bargaining repre-
sentative of the employees of the Company ; see Matter of A. Fronk 1 Sons, Inc., 9 N . L. R. B.
441, 445), has been defunct since March 31, 1943, and has not carried on any activities.
However , the record reveals that while no meetings were held or dues collected after March
31, 1943, and that the officers of the Association had not been performing their duties,
the Association had never been dissolved . Furthermore its bylaws were still in existence;
some of its trustees have been carrying on their duties as far as their limited powers per-
mitted ; and several petitions , signed by approximately 300 members , were received in evi-
dence at the hearing in support of the Association 's motion to intervene . In view of the
foregoing, it is apparent that the Association is not a dormant organization , and the Trial
I
880 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to enter into a consent election agree-
ment and will not negotiate with any labor organization until such
labor organization is certified by the Board. At the present time
the- Company has no collective bargaining agreement with any labor
organization covering the employees involved herein.
Statements of the Regional, Director and the Trial Examiner, in-
troduced into evidence at the hearing, indicate that the A. F. L:,
the C. I. 0., and the Association each represents a substantial num-
ber of employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of 'employees of the Company, within the mean-
ing of'Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with a stipulation of the parties
present at the hearing, that all production, maintenance, and shipping
employees in the Newark, New Jersey, plant of the Company, known
as A. Fink and Sons Co. Inc., excluding all clerical and office workers,
non-working foremen and supervisors, chauffeurs and teamsters, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b), of the Act.'
V. THE DETERMINATION OF REPRESENTATIVES
We shall, in accordance with our usual procedure, direct that the
question concerning representation which has arisen be resolved by
an election by secret ballot among the employees in the appropriate
Examiner quite properly granted its motion to intervene herein See Matter of Bob-Lo
Excursion Company, 44 N. L. R. B. 449. Cf also Matter of Gartland-Haswell Foundry
Company, 26 N. L. R. B 1270; Matter of Lakeview Lumber Company , 35 N. L R. B. 96;
Matter of George W. Borg Corp , 25 N. L . R B 481.
3 The Regional Director reported that the C I. 0. submitted 315, application cards which,
due to the fact that the Company did not submit any pay roll , were not checked.
He 'also reported that the C. I. 0 submitted 265 authorization cards which, for the
reason appearing above, were not checked against any pay roll of the Company
He further reported that the Association asserted an interest in this proceeding , relying
upon its recently expired closed -shop contract with the Company.
The Trial Examiner reported that the Association , in support of its motion to intervene,
introduced petitions containing 320 signatures , all of which appeared to be genuine and
original . These signatures were compared with the pay roll of the Company for the week
ending June 26, 1943 , and which contained the names of 624 persons in the appropriate
unit. The Trial Examiner found that 242 of the names appearing upon the petitions
submitted by the Association also appeared upon the above -mentioned pay roll.
4 The appropriate unit, in the main, corresponds to that covered by the contract
between the Company and the Association which expired March 30, 1943.
HYGRADE FOOD PRODUCTS CORPORATION 88 1
unit. The A. F. L. contends that eligibility to vote in the election
should be determined as of the pay roll for the week of July 19, 1943,
basing this contention upon the claim that the Company might dis-
charge several employees for union activities. The Company stated
that it has a high turnover of employees and that approximately
one-sixth of them are temporary; for this reason it contended that
only those employees who have been with the Company for 6 months
or a year should be considered eligible to vote in the election. How-
ever, these employees are not an identifiable group, and there is no
evidence in the record that they are hired on a temporary basis. We
do not regard either contention as sufficient reason for departing from
our usual practice in this instance, and, in accordance therewith, shall
direct that an election be held among the employees in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election, subject to the limitations
and additions set forth therein.5
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-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation, to ascertain representa-
tives for the purposes of collective bargaining with Hygrade Food
Products Corporation, A. Fink and Sons Co. Inc. Division, Newark,
New Jersey, 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 Direc-
tor for the Second 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 the 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
5 The A. F. L. requested that it be listed upon the ballot as Butchers Union Local 174,
American Federation of Labor. The request is hereby granted.
As hereinabove indicated , the C. I. O. made no appearance at the hearing However,
in view of its showing of representation, as indicated in footnote 3, supra, we shall afford
it a place on the ballot , unless within 10 days after the issuance of the Decision and Direc-
tion herein it indicates its desire not to participate in the election.
,882 DECISIONS OF NATIONAL LABOR RELATION S iWAIRD
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 Butchers Union Local 174,
American Federation of Labor, or by Packinghouse Workers Organ-
izing Committee, C. I. 0., or by United Workmen's Mutual Aid
Association, for the purposes of collective bargaining, or by none of
-these organizations.
CHAIRMAN Mmms took no part in the consideration of the above
Decision and Direction of Election.