A. E. Staley Manufacturing Co.Download PDFNational Labor Relations Board - Board DecisionsMay 17, 194131 N.L.R.B. 946 (N.L.R.B. 1941) Copy Citation In the Matter of A. E. STALEY MANUFACTURING COMPANY and UNITED GRAIN PROCESSORS UNION, LOCAL 21490, AFFILIATED WITH THE A. F. of L. In the Matter of A. E. STALEY MANUFACTURING COMPANY and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 146, AFFILIATED WITH THE A. F. OF L. In the Matter of A. E. STALEY MANUFACTURING COMPANY and INTER- NATIONAL ASSOCIATION Or MACHINISTS, LODGE, No. 493 In the Matter of A. E. STALEY MANUFACTURING COMPANY and CAR- PENTERS LOCAL UNION No. 742 (A. F. L.) Cases Nos. R-2138 to R-2141 inclusive.Decided May 17, 1941 Jurisdiction : corn and soy bean products manufacturing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives ; A. F. of L. affiliates who urged separate units for employees found to constitute a single unit, placed on ballot as joint representative affiliated with the A. F. of L ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of the Company's plants, including hourly paid plant clerks and hourly paid gang bosses, and excluding other clerical and supervisory em- ployees ; separate unit claims rejected- where factors favor appropriateness of industrial unit. - Mr. Carl R. Miller, of Decatur, Ill., for the Company. Mr. Alfred Chandler, Jr., of Chicago, Ill., Mr. James A. Glenn, of Washington, D. C., Mr. Joseph A. Briegel, of Chicago, Ill., and Mr. A. W. Rader, of Keokuk, Iowa, for the Grain Processors. Mr. Lawson Wimberly and Mr. A. L. Wegener, of Washington, D. C., and Mr. H. F. Blades, of Decatur, Ill., for the I. B. E. W. Mr. Jesse G. Stark and Mr. Harold H. Behnke, of Decatur, Ill., Mr. J. T. Farr, and Mr. Paul Hutchings, of Washing on, D.,C., for the T. A. M. Mr. Robert G. Williams and Mr. Jesse G. Stark, of Decatur, Ill., for the Carpenters.. Mr. C. C. Martin, of Decatur, Ill., for the I. S. W. U. Mrs. Augusta Spaulding, of counsel to the Board. '31 N. L R. B, No 161. 946 I A. E. STALEY MANUFACTURING COMPANY DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE i 947 it On August 11, 1939, United Grain Processors Union, Local 21490, herein called the Grain Processors, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning representation of employees of A. E. Staley Manufacturing Company, Decatur, Illinois, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Petitions were also filed on April 10, 1940, by International Brotherhood of Elec- trical Workers, Local Union 146, herein called the I. B. E. W., on May 20, 1940, by International Association of Machinists, Lodge No. 493, herein called the I. A. M., and on August 15, 1940, by Carpenters Local No. 742, herein called the Carpenters. The petitioning unions, all of which are affiliated with the American Federation of Labor, are herein called collectively the A. F. of L. unions. On September 23, 1940, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On October 14, 1940, the Board issued an order consolidating the four cases. On October 17, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Grain Processors, the I. B. E. W., the I. A. M., and the Carpenters. On November -6, 1940, the A. F. of L. unions severally amended their petitions. Pursuant to notice, a hearing was held on November 7 and 8,1940, at Decatur, Illinois, before Robert R. Rissman, the Trial Exam- iner duly designated by the Chief Trial Examiner. The Company was represented by counsel and the A. F. of L. unions by their several representatives; all participated in the hearing. On February 7, 1941, the Board issued an order reopening the record, permitting the inter- vention of Independent Starch. Workers Union, herein called the I. S. W. U., and referring the case 'to-the Regional Director for further hearing.' Pursuant to notice, a further hearing was held on March 'The I. S. W. U . , was not permitted to intervene in the original hearing because the Board had , in a complaint proceeding, found that the I. S. W. U. was company-dominated and ordered the Company to disestablish it. Intervention in the representation proceeding was granted the I S. W. U. and a further hearing ordered after the Circuit Court of Appeals 441443-42-N 01 31--61 948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD , 25 and 26, 1941, at Decatur, Illinois, before Robert R. Rissman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the I. S. W. U. were represented by counsel, the A. F. of L. unions by their several representatives. All participated in the hearing. Full opportunity to*be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearings, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On April 24, 1941, a hearing was held before the Board at Wash-- ington, D. C., for the purpose of oral argument. All parties appeared and presented argument. The Company and the I. S. W. U. filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY A. E. Staley Manufacturing Company is engaged in the manu- facture, preparation, processing, sale, and distribution of corn and soy bean products. It has its main office and principal place of busi- ness in Decatur, Illinois.. The Company is the second largest enter- prise in the corn milling wet process industry. It maintains sales offices in New York City, Chicago, Illinois, Boston, Massachusetts, and Atlanta, Georgia, and about 150 warehouses located throughout the United States. The Company operates plants at Painesville, Ohio, and Decatur, Illinois. The plant at Decatur, Illinois, is the only plant involved in this proceeding. The principal raw products used by the -Company are corn and soy beans; the principal supplies are coal, bags, cans, ship- ping cans, and chemicals. In 1939 the total value of all raw materials and supplies purchased by the Company for use at its Decatur plant was in excess of $21,000,000. About 90 per cent of the corn, about 95 per cent of the soy beans, and all the coal purchased by the Company were obtained within Illinois. About 50 per cent of the Company's remaining supplies were obtained from points outside Illinois. The principal' products of the Company are cornstarch, corn syrup, crude corn sugar, gluten feed, corn oil, soy bean meal, and soy bean oil. set aside the Board 's order of disestablishment on the ground that the I S. W. U was not company -dominated . See Matter of A. E. Staley Manufacturing Company, a Corporation and United Crain''Processors , Local 21490, affiliated with American Federation of Labor, 22 N. L R . B 663 , mod and enf'd in Staley Manufacturing Company v National Labor Relations Board, 117 F. ( 2d) 868 (C C. A. 7). A. E. STALEY MANUFACTURING COMPANY 949 The Company annually sells and ships products ranging in value from $16,000,000 to $24,000,000, about 80 to 871/2 per cent of which are sold and shipped to points outside Illinois. During the 7-year period preceding 1940 the Company exported-to foreign countries about 8 per cent of its products. - II. THE ORGANIZATIONS INVOLVED United Grain Processors Union, Local 21490, is a labor organization affiliated with the American Federation of Labor. International Brotherhood of Electrical Workers, Local Union 146,. is a labor organization affiliated with the American Federation of Labor. I - International Association of Machinists, Lodge No. 493, is a labor organization affiliated with the American Federation of Labor. Carpenters Local Union No. 742 is a labor organization affiliated with United Brotherhood of Carpenters and Joiners of America and the American Federation of Labor. - Independent Starch Workers Union is an unaffiliated labor organ- ization. These organizations admit to membership employees of the Company at its Decatur plant. III. THE QUESTION CONCERNING REPIIBSENTATION The Grain Processors, the I. A. M., and the I. B. E. W. each requested the Company to bargain with it for employees in its proposed unit. The Company refused to bargain during the pendency of the com- plaint proceeding against it.' The Carpenters learned of this position of the Company, and did not request the Company to bargain with it before filing its petition. Statements prepared by the Regional Director and the Acting Re- gional Director respectively and introduced in evidence disclose that the A. F. of L. unions and the I. S. W. U. have been designated as bargaining agent by a substantial number of employees in the appro- priate unit.8 2 See footnote 1, above. 3 In support of their claims to represent employees of the Company, the A- F of L. unions submitted the following to the Regional Director : 1. The Grain Processors submitted an affidavit , dated September 17, 1939 , claiming 730 genuine authorization cards, which the petitioner did not present for checking . There are about 1 , 300 production and maintenance employees in its proposed unit 2. The I. B. E. W . submitted 18 authorization cards, 17 of , which are dated February 13, 1940, and one not,dated The cards appear to bear genuine signatures of persons whose names appear on the Company 's pay roll of August 31, 1939. There are about 25 electrical workers in its proposed unit. .3. The I. A. M submitted 28 authorization cards , all of which are undated . The cards purport to be typed copies of original authorization cards of ' persons whose names appear 950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD• We find that a question has arisen concerning the representation of the Company. IV. THE EFFECT OF THE QUESTION', CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I, above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and foreign- countries and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT - In its original petition the Grain Processors contended that a plant- wide unit of hourly production and maintenance employees, exclud- ing supervisory and office employees, constituted an appropriate bargaining unit. Subsequently, the I. B. E. W., the I. A. M., and the Carpenters claimed from the Grain Processors employees subject to their respective craft jurisdictions, and the Grain Processors amended its petition to exclude all such employees from its proposed unit. The I. B. E. W. contends that electrical workers, excluding supervisory employees, constitute an appropriate unit. The I. A. M. contends that machinists, instrument men, refrigerator and track men, steam trap and steam trap helpers, transfer car and electrical car repair men, and boiler-and stoker repair men, excluding super- visory and clerical employees, constitute an appropriate unit. The Carpenters contends that millwrights, millwrights' helpers, carpen- ters, and carpenters' helpers constitute an appropriate unit. The I. S. W. U. and the Company contend that all hourly paid employees, excluding executive, salaried, and monthly paid employees, constitute an appropriate unit. The Company classifies its production and maintenance employees as mechanical and process employees. Process employees include production and maintenance employees who work under foremen in a process department where they are engaged in manufacturing on the Company ' s pay roll of August 31, 1939 There are about 48 employees in its pro- posed unit 4. The Carpenters submitted 19 authorization cards, dated between March 1940 and August 1940 The cards appear to bear genuine signatures of persons whose names appear on the Company 's pay roll of August 31, 1939. There are about 36 employees in its pro- posed unit. In support of its claim to represent a substantial number of employes in the appropriate unit, the I S W. U. submitted to the Acting Regional Director 1,068 applications for mem- beiship, of which two bear dates in 1937 , 706 in 1938 , 75 in 1939 , 50 in 1940 , and 10 in January 1941; 9 are unsigned ; 3 are marked "deceased"; and 214 are undated Of these cards, 1,056 appear to bear genuine signatures of which 864 are names appearing on the Company 's,pay roll of February 28, 1941. There are about 1,400 employees in the appropriate unit A. E. STALEY MANUFACTURING COMPANY 951 and the care of machines involved therein. Process employees work under the general supervision of the plant superintendent. Mechan- ical employees include maintenance employees who have headquarters in the several maintenance shops. They are under the supervision of the mechanical superintendent and their several shop foremen. One machinist works in the machine shop exclusively. Otherwise, little work is actually performed in the shops. The mechanical employees may work anywhere in the plant. All electrical workers, carpenters, millwrights -and their helpers are classified as mechanical employees. Of the 48 employees who fall within the unit proposed by the I. A. M., 31- are mechanical employees and 17 are process employees. Other craft employees, including brick masons, boiler makers, steam fitters, engineers, roof- ers, riggers, and sheet metal workers, some of whom are considered mechanical employees and some of whom are considered process' em- ployees, constitute a part of the unit proposed by the Grain Processors. Assignment to work from the Extra Board 4 is made on the basis of plant seniority rather than departmental or craft seniority and involves any work which the employee may be capable of performing in any department where such work may be needed. Employees so placed are permitted to transfer to more desirable -positions when such jobs become available, upon the basis of previous experience as well as plant seniority. Transfers from one department to an- other, from maintenance to production jobs, and from jobs under mechanical foremen to jobs under process foremen are frequent. The Company's rules respecting hours, wages, vacation, sick leave, and other working conditions are plant-wide. While the mechanical superintendent handles all grievances arising in the distribution of work or jurisdictional craft disputes among mechanical employees, the plant superintendent handles all grievances concerning wages, hours, or seniority rights of all employees. The Grain Processofs began organizing the employees of the Com- pany on a plant basis in 1938 and in its original petition requested a plant-wide unit. In January 1939 the I. S. W. U., as representative of the employees who were members thereof, entered into a plant- wide contract with the Company. This contract terminated in De- cember 1940. Negotiations for a new contract are under way, subject to the Board's decision in this proceeding. '• , ' The Company's employees at,,Painesville,,,Ohio,• are organized and bargain collectively, on a plant-wide` basis, `through a labor organiza- ' The Company maintains an assignment troll , called the Extra Board, listing about 250 employees . Such 'empioyees work some days, during . each month , and about 100 of them work 4 to 5 days 'per ,week, Employees , not assigned for any cork in a 30 -,day period are transferred fro`m ' the Extra Board to an inactive pay roll where they ietam plant seniority for 1 year . They are reinstated by placement on the Extra Board. 952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Lion affiliated-with the A. F. of L. The employees of other wet proc- essing plants, similar to the Company's plants, have organized and bargain collectively on a plant-wide basis. The A. F. of L. craft unions have waived their craft jurisdictions in all other corn process- ing plants organized by the A. F. of L. Upon the basis of the entire record, we find that the separate units urged are inappropriate and that the plant unit is the appropriate unit for the Company's employees' at Decatur. The two industrial unions and the Company agree and we find that all hourly paid production and maintenance employees, including hourly paid plant clerks and gang bosses, belong in the appropriate unit. Other clerical and supervisory employees are monthly paid. The parties agree and we find that they should be excluded from the appropriate unit 5 Some production and maintenance employees who are not clerical or supervisory employees appear to be on the monthly pay roll. Since the appropriate unit is industrial in scope, we find that such employees should be included therein. We find that all production and maintenance employees of the Com- pany at its Decatur plant, including hourly paid plant clerks and hourly paid gang bosses, and excluding other clerical and supervisory employees, constitute a unit appropriate for collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and -otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation of employees of the Company at its Decatur plant can best be resolved by, and we shall accordingly direct, an election by secret ballot. Inasmuch as the four A. F. of L. unions urged separate units for the employees whom we found to constitute a single unit, we shall direct that the I. S. W.,U. and the A. F. of L. are the organizations to appear upon the ballot in the election among such employees: The Grain Processors, the I. B. E. W., the I. A. M., and the Carpenters shall be set forth thereon in brackets as joint representatives affiliated with the A. F. of L.6 Any I 0 The record is not entirely clear with respect to assistant foreman. It appears , however, that they should be on the monthly pay roll. We will exclude assistant foremen from the appropriate unit. 8Cf. Matter of Long-Bell Lumber Company'and International Brotherhood of Electrical Workers, Local Union #877, affiliated with the American Federation of Labor; Matter of Long-Bell Lumber Company, Longview Branch and Boommen and Rafters, Local Union No. 107, chartered by the International Woodworkers of America, affiliated with the Congress 'of'Indus trial- Organizations ; Matter of Long-Bell Lumber Company'and Lumber and Saw- -mill Workers Union; Local 8610, ' chartered by the United ' Brotherhood _ of Carpenters d Joiners of America, -affiliated with the American Federation of Labor, 29 N. L. R. B., No. 102. ' A. E: STALEY MANUFACTURING COMPANY 953 organization desiring not to appear on the ballot shall notify the Re, gional Director to that effect within five (5) days after the receipt of this Decision and Direction of Election; thereupon its name shall be omitted from-the ballot. Pursuant to our usual practice, we shall direct that employees in the appropriate unit who were,on the Company's pay roll or the Extra Board during the pay-roll period immediately preceding the date of our Direction of Election herein shall be eligible to vote in the election. Employees on the pay roll or the Extra Board on Octo-' her 31, 1940, although they may-not be on the pay roll or the Extra Board during the period specified in the previous sentence, also appear to havo, a substantial interest in the outcome of the election.7 We shall therefore direct that the employees eligible to participate in the election shall be the employees in the appropriate unit who were on the Company's pay. roll or Extra Board during the pay-roll period -immediately preceding the date of our Direction of Election herein or on October 31, 1940, subject to such limitations and additions-as are set forth in the Direction of Election herein. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the- following : CONCLUSIONS OF LAW ' 1. A question affecting commerce has arisen concerning the repre- sentation of employees of A. E. Staley Manufacturing Company, Decatur, Illinois, at its Decatur plant within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its Decatur plant, including hourly paid plant clerks and hourly paid gang bosses, but excluding other clerical and supervisory em- ployees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. - 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby _ Dn1ECTEn that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with A. E. 7 The parties agree that employees on the October 31, 1940 , pay roll or Extra Board should be eligible . ^, Although"^such eniployees='may-„have -since been-laid ofr they are entitled to preference in reemployment for 1 year from the date of lay-off. 954 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD Staley Manufacturing Company, Decatur, Illinois, 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 of Election, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance em- ployees of A. E. Staley Manufacturing Company, Decatur, Illinois, at its Decatur plant, including hourly paid plant clerks and hourly paid gang bosses, who were on the pay roll or the Extra Board during the pay-roll period immediately preceding the date of this Direction of Election or on October 31, 1940, including employees who 'did not work during such pay-roll periods because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding other clerical and supervisory employees and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by the American Federation of Labor [United Grain Processors Union, Local 21490; International Brotherhood of Electrical Workers, Local Union 146; International Association of Machinists, Lodge No. 493; and Carpenters Local No. 742], or by Independent Starch Workers Union, for the purposes of -collective bargaining, or by neither. ' . " .. 1 "fill Copy with citationCopy as parenthetical citation