McGee and Durm Co., Inc.

National Labor Relations Board - Board Decisions

Jan 9, 1945

59 N.L.R.B. 1508 (N.L.R.B. 1945)

In the Matter Of MCGEE AND DURM COMPANY , INC., and AMALGAMATED
MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, SEAFOOD
WORKERS UNION, LOCAL 453, AFL
In the Matter Of WALTER V. WENTWORTHI AND RAYMOND F. WENT-
WORTH , COPARTNERS D/B/A O. E. WENTWORTH & COMPANY and
AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH
AMERICA, SEAFOOD WORKERS UNION , LOCAL 453, AFL
Cases Nos. 5-R-1791 and 5-R-1762 respectively.Decided
January 9, 1945
Mr. William V. MacMillan , of Baltimore, Md., for the Employers.
Mr. Albert K. Plone, of Camden, N. J., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Amalgamated Meat Cutters
and Butcher Workmen of North America, Seafood Workers Union,
Local 453, AFL, herein called the Union, alleging that questions af-
fecting commerce had arisen concerning the representation of em-
ployees of McGee and Durm Company, Inc., Baltimore, Maryland,
herein called McGee, and Walter V. Wentworth and,Raymond F.
Wentworth, copartners d/b/a O. E. Wentworth & Company, Balti-
more, Maryland, herein called Wentworth,' the National Labor Rela-
tions Board consolidated the cases and provided for an appropriate
hearing upon due notice before Earle K. Shawe, Trial Examiner.
Said hearing was held at Baltimore, Maryland, on December 20, 1944.
The Employers 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 on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
' The companies are hereinafter collectively referred to as the Employers.
59 N. L. R. B., No. 275.
1508
McGEE AND DURM COMPANY, INC. 1509
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
1. THE BUSINESS OF THE EMPLOYERS
McGee and Durm Company, Inc., is a Maryland corporation oper-
ating a plant at Baltimore, Maryland, where it is engaged in the
processing and distribution of seafood products. From September 1,
1943, to April 30, 1944, McGee obtained from waters inside the State
of Maryland approximately 15,000 bushels of oysters. During the
same period McGee purchased about 25,000 gallons of shucked oysters
from two companies located in the Commonwealth of Virginia. Dur-
ing the same period McGee sold seafood valued at about $500,000,
approximately 99 percent of which was shipped by it to points outside
the State of Maryland.
0. E. Wentworth & Company is a partnership operating a plant at
Baltimore, Maryland, where it is engaged in the processing of seafood.
From September 1, 1943, to April 30, 1944, it obtained from waters
outside the State of Maryland, about 50,000 bushels of oysters. During
the same period Wentworth sold seafood valued at about $500,000, ap-
proximately 99 percent of which was shipped to points outside the
State of Maryland.
Each of the Employers admits, for the purpose of this proceeding,
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, Seafood Workers Union, Local 453, is a labor organization affili
ated with the American Federation of Labor, admitting to membership
employees of the Employers.
III. THE QUESTIONS CONCERNING REPRESENTATION
Each of the Employers refuses to recognize the Union as the exclu-
sive collective bargaining representative of its employees until such
time as the Union furnishes proof of its majority claims. The Em-
ployers contend that the Board is without jurisdiction in this matter
for the reason that there is no continuing employer-employee relation-
ship between them and the employees, since their work is seasonal in
nature and the workers do not necessarily return each year.
The record discloses that about 50 percent of the employees involved
live in Baltimore where the seafood processing plants wherein they
1510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work are located. It also appears that about half of the employees
work for the same employer year after year. The record indicates
that they constitute a clearly defined group of men and women to whom
the Employers turn year after year for their requirements.2
Statements of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicate that the Union represents a substantial
number of employees in each of the units hereinafter found to be
appropriate.3
We find that questions affecting commerce have arisen concerning
the representation of employees of the Employers, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
We find, in substantial agreement with McGee and the Union, that
all packing room employees, shell wheelers, oyster carriers, and
shuckers of McGee, excluding part-time employees, clerical employees,
foremen, 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, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
Wentworth employs six employees classified as boat laborers. The
Union would exclude them from the unit while the Company would
include them. They work on docks located about a mile from
the packing plant unloading oyster boats. They work under the
supervision of the boat captains who are not employees of Wentworth.
The general practice in the industry is that such persons are in the
employ of the boat captains. The boat laborers do not come in con-
tact with the employees at the plant and their work is dissimilar.
The Union has not attempted to organize the boat laborers and it
appears that they are eligible to membership in another labor organ-
ization affiliated with the American Federation of Labor. Under all
the circumstances, we shall exclude the boat laborers from the unit
at Wentworth.
We find that all packing room employees, shell wheelers, oyster
carriers, and shuckers of Wentworth, excluding clerical employees,
boat laborers, truck drivers, foremen, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act.
2 See Matter of Alaska Industry, Inc., at al., 33 N. L. R. B. 727.
2 The Field Examiner reported that the Ujiion presented 44 application cards for the
employees at McGee and 69 for the employees at Wentworth . There are approximately
73 employees in the appropriate unit at McGee and 92 at Wentworth.
. McGEE AND DURM COMPANY , INC. 1511
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by means of elections by secret ballot, among
the employees in the appropriate units who were employed during
the pay-roll period or periods immediately preceding the date of the
Direction of Elections herein, subject to the limitations and additions
set forth in the Direction.
DIRECTION OF ELECTIONS
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with McGee and Durm Company, Inc., and Walter V. Wentworth
and Raymond F. Wentworth, copartners d/b/a O. E. Wentworth &
Company, Baltimore , Maryland, elections 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 Fifth 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 employees in each of the units found appropriate in Section IV
above, who were employed during the pay-roll period or periods im-
mediately preceding the date of this Direction , including employees
who did not work during said pay-roll period or periods because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls , but excluding any who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the elections , to determine , in each instance,
whether or not they desire to be represented by Amalgamated Meat
Cutters and Butcher Workmen of North America, Seafood Workers
Union, Local 453, A. F. of L ., for the purposes of collective
bargaining.