Sardik Food Products Corp.

National Labor Relations Board - Board Decisions

Jan 8, 1943

46 N.L.R.B. 894 (N.L.R.B. 1943)

In the Matter of 'SARDIK FOOD PRODUCTS CORPORATION and UNITED
CANNERY, AGRICULTURAL, PACKING & ALLIED WORKERS, AFFILIATED
WITH THE C. I. 0.
Case No. R-4609.-Decided January 8, 1943
Jurisdiction : fruit dehydrating industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord recognition ; contract applicable to new plant to which Company'
moved its operations held rio bar when union could not have represented a
majority, since plant was hot operating and no 'employees had been hired at
the time contract was executed; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding office, clerical, and supervisory employees ; stipulation to.
Mr. J. M. Krause, of Lockport, N. -Y., for the Company.
Mr. David Diamond, *of Buffalo,{ N. Y., for the C. I. 0.
Ashe d Rifkin, by Mr. David I. Ashe, of New York City, for the
A. F. of L. '
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Cannery, Agricultural, Pack-
ing & Allied Workers, affiliated with the C. I. 0., herein called the
C. I. 0.,1 alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Sardik Food Products
Corporation, Lockport, New York, herein called the Company, the
National Labar Relations Board provided for an appropriate hearing.
upon due notice before Peter J. Crotty, Trial Examiner. Said hear-
ing-was held at Buffalo, New York, on December 2, 1942. The Com-
pany, the C. I. 0., and Cannery, Creamery, Egg, Pickle Ind Seafood
Workers Union, Local 453, Amalgamated Meat Cutters and Butcher
-Workmen of North America, affiliated with the A. F. of L., herein
' Substituted by motion granted at the hearing for Congress of Industrial Organiza-
tions, which had filed the petition.
46 N. L. R. B, No. 99
894
SARDIK FOOD PRODUCTS CORPORATION 895
called the A. F. of L.,2 appeared,-participated, and were afforded
full opportunity to be heard, to examine and cross-examine wit-
nesses, 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. The A. F. of L. made a motion to
dismiss the petition on the grounds that it has a valid contract with
the Company in effect until May 7, 1943; that it now represents 95
percent .of the employees in the alleged appropriate unit, and that
the petitioner is not a duly constituted labor organization among
employees of the Company. The Trial Examiner reserved ruling.
For reasons hereinafter set forth, the motion is hereby denied.
On December 9, 1942, the A. F. of L: filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sardik Food Products Corporation, a new York corporation, is en-
gaged at Lockport, New York, in the processing and dehydration of
fruits and produce. During the period from September 1 to December
1, 1942, the Company purchased raw materials valued at approxi-
mately $250,000, of which 90 percent was shipped to the Company
from points outside the State of New York. During the same period
the Company processed finished products valued at approximately
$450,000, of which approximately 90 percent was shipped to points
outside the State of New York.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Cannery, Agricultural, Packing & Allied Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.3
Cannery, Creamery, Egg, Pickle and Seafood Workers Union, Local
453, Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
P At the hearing the A. F. of L made a motion to intervene . The Trial Examiner granted
the motion
3 As stated above, the Congress of Industrial organizations , which organized the em-
ployees, filed the petition herein A charter from United Cannery, Agricultural, Packing
& Allied Workers, a C. I. 0 affiliate, has been requested for employees of the Company,
although at the time of the hearing it had not been received . We find no merit in the
contention of the A. F. of L. that the petitioner is not a duly constituted labor organization.
896e DECISIONS OF NATIONIAL, LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
Prior to July 1942, the, Company was engaged in business in New
York City similar to that conducted by it in Lockport, New York.
,Oil May 7, 1942,-the Company and the A. F. of L. entered into a 1-year
contract, providing for a closed shop, applicable to employees in the
New York City plant. In the latter part of July 1942 the Company,
after serving notice of intention upon the A. F. of L., closed its New
York City plant because of the high cost of operation, and moved to
'Lockport, New York. On August 17, 1942, the Company and the
A. F. of L. executed a rider to the contract making said contract appli-
cable to the Lockport plant. At the time the rider was executed, no
employees had been hired by the Company for the Lockport plant,
which did not begin operations until about September 1, 1942. The
only employees recruited from the New York City plant by the
Company have been five supervisors and five "keymen."
The C. 1.6. began its organizational campaign on October 10, 1942.
Shortly thereafter it informed the Company of its claim, to represent
the employees as the sole collective bargaining agent. The Company,
on October 17, 1942, informed the C. I. O. that it had a closed,-shop
agreement with the A. F. of L. and could not, because of this agreement,
enter into any negotiations with the C. I. O.
A report prepared by the Acting Regional Director and a statement
prepared by the Trial Examiner, introduced in evidence at the hear-
ing, indicate that the C. I. O. and the A. F. of L. each represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
As heretofore stated, the A. F. of L. argues that its contract is a bar
to an investigation of representatives. However, since the Lockport
plant was not operating and no employees were employed at that plant,
it follows that the A. F. of L. could not have represented a majority
when the rider was executed. Under these circumstances, we find that
this contract is not a, bar to an investigation of representatives and that
a question 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. ,
4 The Acting Regional Director reported that the C I 0 presented 46 cards, of «hich
32, dated in October and November 1942, bearing apparently genuine signatures, were the;
names of persons appearing on'the Company's pay roll of November 15, 1942. This pay roll
lists 88 employees in the unit. At the hearing the Trial Examiner reported that the
C 1' O. presented 10 additional cards, 5 of which bore apparently genuine signatures of
persons whose names appear on the November 15 pay roll. Two of the 10 cards sub-
mitted' bore printed signatures of persons whose names appear on the Novembei 15 pay
roll The 7 cards were dated in November 1942
The Trial Examiner further reported that the A F of-L. submitted 93 cards,'of which
67, dated in October and November 1942, bole apparently genuine signatures of persons
whose names appear on the Company's pay roll of November 15, 1942
SA'RDIK FOOD PRODUCTS CORPORAfiION 897
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Company; excluding
office, clerical, and supervisory employees, constitute a unit appropri-
ate for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
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 who were employed during the pay-roll
period immediately preceding the date .of our Direction of Election,
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 Relations 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 Sardik Food Prod-
ucts Corporation, Lockport, New York, 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 super-
vision of the Regional Director for the Third 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 all
employees of the Company 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 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 present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by United Cannery,
Agricultural, Packing & Allied Workers, affiliated with the'C. I. 0.,
or by Cannery, Creamery, Egg, Pickle and Seafood Workers Union,
Local 453, Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the A. F. of L., for the purposes of collective
bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
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