Archer-Daniels Midland Co.

National Labor Relations Board - Board Decisions

Nov 12, 1940

27 N.L.R.B. 1310 (N.L.R.B. 1940)

In the ,Matter of ARCHER-DANIELS MIDLAND COMPANY and UNITED
MINE WORKERS OF AMERICA, DISTRICT #50, AFFILIATED WITE THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-2118..-Decided November 12, 1940
Jurisdiction : linseed oil and cake producing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union ; election necessary.
Mere presence of a name of an employee on a seniority list maintained by
the Company does not constitute eligibility for voting where there is no ex-
pectancy of regular employment by the Company in the reasonably near
future.
Unit Appropriate for Collective Bargaining : all employees of the Company
with the exception of executives, salaried superintendents, foremen, assistant
foremen, watchmen, first-aid men, chemists, and clerical workers.
Mr. Christopher W. Hoey, for the Board.
Wall, "Haight, Carey c Hartpence, by Mr. Frederic W., Schuman,
of Jersey City, N. J., for the Company.
Mr. Samuel L. Rothbard, of Newark, N. J., for the C. I. O.
Mr. Jacob Friedland, of Jersey City, N. J., for the A. F. of L.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 18, 1940, United Mine Workers of America, District
.#50, herein called the C. I. 0., filed with the Regional Director for
the Second Region (New York City) a petition alleging that a ques-
tion affecting commerce had arisen concerning representation of em-
ployees of Archer-Daniels Midland Company, Edgewater,. New
Jersey, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act. On
October 10, 1940, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section, 3, of National Labor Relations Board Rules and Regula-
27 N. L. R. B., No. 210.
1310
ARCHER -DANIELS MIDLAND COMPANY 1311
tions-Series 2, as amended, ordered an,investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On October 15, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the C. I. 0.,
and Linseed Workers of Edgewater, New Jersey, Local 21965, herein
called the A. F. of L., a labor organization claiming to represent em-
ployees directly affected by the investigation. Pursuant to notice, a
hearing was held on October 28, 1940, at New York City before Peter
F. Ward, the Trial Examiner duly designated by the Board. All
parties were represented by counsel and 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 par-
ties. During the course of the hearing, the Trial Examiner made
several rulings on motions and on objections to the admissibility 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company, incorporated in Delaware, and having its principal
office in Minneapolis, Minnesota, is engaged at its Edgewater, New
Jersey, plant in the crushing of flax seed and the production of lin-
seed oil and linseed oil cake.. Flax seed is brought to the plant from
Minnesota and Argentina. During the last 6 months of ' 1938 the
Edgewater plant produced approximately 45,000,000 pounds of lin-
seed oil and 35,000 tons of linseed oil cake. 85 to 90 percent of the
oil and 99 per cent of the cake were shipped to foreign countries and
States other than New Jersey. The Company admits that it is en-
gaged in interstate commerce.
II. THE ORGANIZATIONS INVOLVED
United Mine Workers of America, District #50, is a labor organ-
ization affiliated with the Congress of Industrial Organizations. It'
admits to membership production and maintenance employees of the
Company.
Linseed Workers of Edgewater, New Jersey, Local 21965, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership,production and maintenance employees of the
Company.
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1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
In April 1939 a consent election was conducted under the auspices
of the Board's Regional Office among the Company's employees in a
unit herein found to be appropriate to determine whether they de-
sired to be represented by the A. F. of L. or the C. I. O. for the pur-
poses of collective bargaining, or by neither. The A. F. of L. re-
ceived a majority of the valid votes cast. On October 2,1939, the Com-
pany and the A. F. of L. entered into a closed-shop contract. By its
terms this contract was to continue to October 2, 1940, and thereafter
from year to year unless terminated by notice of 30 days.
In July 1940 the C. I. O. informed the Company that a majority
of its employees desired to be represented by the C. I. O. and asked
the Company to bargain with it. The Company refused, and in
support thereof relied on its contract with the A. F. of L. The C. I. O.
then filed the petition in this proceeding. The Company and the
A. F. of L. thereafter entered into a verbal agreement, pending the
outcome of this proceeding.
A statement prepared by the Regional Director and introduced
into evidence discloses that the A. F. of L. and the C. I. O. each has
been designated by a substantial number, of employees in the appro-
priate unit
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE APPROPRIATE UNIT
The parties agree, and we find, that all employees of the Com-
pany with the exception of executives, salaried superintendents, fore-
men, assistant foremen, watchmen, first-aid men, chemists, and
clerical workers constitute a unit appropriate for the purposes of col-
lective bargaining. We find 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.
V. 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
I The C . I 0 presented to the Regional Director 158 membership application cards of
which 142 were dated during July and August 1940 and appeared to bear genuine signa-
tures of employees in the appropriate unit. The A F of L. submitted in support of its
,claim to represent 328 such employees its membership books showing dues payments by
them extending from January to August 1940. The number of employees in the appro-
priate unit at the time of the hearing was approximately 240.
ARCHER-DANIELS MIDLAND COMPANY 1313
relation to trade, traffic, and commerce with foreign countries and
among the several States and tends to lead to labor disputes burden-
ing and obstructing commerce and the free flow of commerce.
VI. THE DETERMINATION OF REPRESENTATIVES
We,find that the question which has arisen concerning representa-
tion of employees of the Company at its Edgewater, New Jersey,
plant can best be resolved by an election by secret ballot. We will
direct the holding of such an election. Those eligible to vote in the
election shall be employees in the appropriate unit who were em-
ployed during the pay-roll 'period immediately preceding the date
of our Direction of Election,' including employees who did not work
during that pay-roll period because they were ill or on vacation and
employees who were then or have since been temporarily laid off,
and excluding employees who have since quit or been discharged for
cause?
On 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 Archer-Daniels Midland Company at its
Edgewater, New Jersey, plant, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All employees of the Company with the exception of executives,
salaried superintendents, foremen, assistant foremen, watchmen, first-
aid men, chemists, and clerical workers 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
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for 'the purposes of collective bargaining
2 The Company maintains a so-called seniority list having about 400 names from which
it selects persons for reemployment, but it does not appear that these 400 workers have
a substantial expectancy of obtaining regular employment with the Company in the reason-
ably near future. Accordingly , mete presence of a name on the seniority list shall not
render such person eligible.
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1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with Archer-Daniels Midland Company at Edgewater, 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
of Election, under the direction_ and supervision of the Regional
Director for, the Second Region, acting in this'matter as agent for
the National Labor Relations Board and subject to Article III, Sec-
tion 9 of said Rules and Regulations, among all employees of • the
Company at its Edgewater, New Jersey, plant, who were employed
by the Company during the pay-roll period immediately preceding
the date of this Direction of Election, including employees who did
not work during that pay-roll period because they were ill or on
vacation and employees who were then or have since been tempo-
rarily laid off, but excluding executives, salaried superintendents,
foremen, assistant- foremen, watchmen, first-aid men, chemists, and
clerical workers, and employees who have since quit or been dis-
charged for cause, to determine whether said employees desire to be
represented by United Mine Workers of America, District #50, or
Linseed Workers of Edgewater, New Jersey, Local 21965, for the
purposes of collective bargaining, or by neither.