Maine Food Processors

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1181 (N.L.R.B. 1943)

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In the Matter Of MAINE FOOD PROCESSORS and AMERICAN FEDERATION
OF LABOR
Case No. R-52.77.-Decided May 07,1943
Mr. Ralph E. Fraser and Mr. Reginald Totman, of Bangor, Maine,
for the Company.
Mr. Aaron Velleman, of Boston, Mass., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly 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
National Labor Relations Board provided for an appropriate hearing
upon due notice before Samuel G. Zack, Trial Examiner. Said hear-
ing was held at Bangor, Maine, on May 4, 1943. The Company 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.
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 pota-
toes, all of which was shipped to it from points within the State of
Maine. During the same period the Company sold 600,000 pounds of
dehydrated potatoes, all of which was sold to the United States Army.
49 N. L. R. B., No. 171.
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1182, DECISIONS OF NAT'IOXAL LABOIR RELAT'IONT61 130ARD
All dehydrated potatoes sold, were shipped on Grovernment 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 ALLEGED QUESTION CONCERNING REPRESENTATION
The Union' alleges that all employees of the Company, excluding
executives, supervisors, clerical employees, and guards, constitute an
appropriate unit. ^ At the time of the hearing the Company's opera-
tions had finished for the season and the record indicates that a new
season will not start until the latter part of September 1943. We are
of the opinion that it will serve no useful purpose to order an election
at the present time inasmuch as the season is finished. Nor do we find
it now expedient to order an election to be conducted some time next
season, since the record discloses that the Company -may not then
operate at Winterport, if at all.
Accordingly, we find that no question has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) of the National Labor Relations Act. We shall dismiss
the petition without prejudice to refiling at a time which will make
possible a reasonably early election in a succeeding season, in the event
the Company operates at that time.
ORDER
On the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Maine Food Processors,
Winterport, Maine, filed by American Federation of Labor, be, and it
hereby is, dismissed.
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