Beatrice Creamery Co.

National Labor Relations Board - Board Decisions

Jun 23, 1942

41 N.L.R.B. 1197 (N.L.R.B. 1942)

In the Matter of BEATRICE CREAMERY COMPANY and MILK DRIVERS,
DAIRY AND ICE CREAM EMPLOYEES LOCAL 387, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN & HELP-
ERS OF AMERICA , AFFILIATED WITH THE AMERICAN FEDERATION ,OF
LABOR
Case No. R-3927.-Decided June 23,194,°0
Jurisdiction : dairy products wholesaling and retailing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition to either of competing, organizations until certified
by Board ; ejection necessary.
Unit Appropriate for Collective Bargaining : all employees working in and
about one of Company's plants, excluding office employees, manager, superin-
dent, sales representatives other than route salesmen, foremen whose work
was supervisory only, and employees of the ice-cream plant ; stipulation as to.
Mr. Robert W. More, of Chicago, Ill., for the Company.
Mr. Sam Winsky, of Detroit, Mich., for the Teamsters.
Mr. Henry Alai, of Kansas City, Mo., for District No. 50.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
• r STATEMENT OF THE CASE •
• Upon petition duly filed by Milk Drivers, Dairy and Ice Cream
Employees Local 387, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America, affiliated with the
American Federation of Labor, herein called the Teamsters, alleging
that a.question affecting commerce had arisen concerning the repre-
sentation of employees of Beatrice Creamery Company, St. Joseph,
Missouri, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Eugene R. Melson, Trial Examiner. Said hearing was held at St.
Joseph, Missouri, Von June 8,' 1942. The Company, the' Teamsters,
and United Mine Workers of America, District No. 50, affiliated with
the Congress of Industrial Organizations, herein called District No.
50, appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
l 41 N. L: R. B., No. • 217.
1197
1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dente 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
1. THE BUSINESS OF THE COMPANY
Beatrice Creamery Company is a Delaware corporation, having
its principal office and place of business in Chicago, Illinois. This
proceeding concerns employees-of •the Company-at-its St. Joseph,
Missouri plant, where the Company is engaged in the manufacture,
sale, and distribution of dairy products at wholesale and retail. In
addition to that plant the Company operates plants in 23 States of
the United States. During its fiscal year, ending February. 28, 1941,
the Company purchased, manufactured, sold, and distributed dairy
products having a value of more than $300,000.00. During the same
period, the Company purchased for use at its St. Joseph, Missouri
plant materials used in the manufacture of its products; of" which
approximately 2.6 percent was shipped to the plant from points out-
side the State of Missouri; and manufactured finished products of
which aproximately 47.6 percent was shipped from the plant' to points
outside the State of Missouri. The Company admits that it. is
engaged in commerce within the meaning of the National Labor
Relations Act. -
II. THE ORGANIZATIONS INVOLVED
Milk Drivers, Dairy and Ice Cream Employees Local 387, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, affiliated with the American Federation of
Labor, is a labor organization, admitting to membership employees
of the Company.
United Mine Workers of America, District No. 50, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning- representation
had arisen in that on or about February 4, 1942, District' No. 50
notified the Company that it represented a majority of-the•employees
in the St. Joseph, Missouri plant and requested recognition as the
exclusive bargaining agent for such employees. The Company and
the Teamsters had been negotiating in regard to- a. proposed contract,
which negotiations were thereupon suspended by the Company. The
BEATRICE CREAMERY COMPANY 1199
Company has refused to bargain with either organization unless and
until it is certified by the Board.
A report prepared by a Field Examiner of the Board, and intro-
duced in evidence at the hearing, indicates that the Teamsters repre-
sents a substantial number of employees of the Company in the unit
hereinafter found to be appropriate.'
We find that a question affecting commerce 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.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
the employees of the Company working in and about its St. Joseph,
Missouri plant, excluding office employees, manager, superintendent,
sales representatives other than route salesmen, foremen whose work
is supervisory only, and employees working in the Company's St.
Joseph, Missouri ice cream plant, constitute a unit appropriate 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 the Direction of
Election herein, subject to the limitations and additions set forth
in said 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
1 The Field Examiner reported that the Teamsters presented 24 "designation and ap-
pointment of bargaining agent" forms , 7 dated February 5, and 17 dated February 6,
1942. Of the 24 forms submitted , 20 bear the apparently genuine signatures of persons
whose names are on the Company 's pay roll of April 27, 1942.
The Field Examiner further reported that District No. 50 presented 27 membership
cards of the Packinghouse Workers Organizing Committee , dated between January 8 and
February 4, 1942 Of the 27 cards submitted , 21 bear the apparently genuine signatures
of persons whose names are on the Company 's pay roll of April 27, 1942 There are
approximately 37 employees in the alleged unit . At the hearing, District No 50 intro-
duced in evidence a letter from the Packinghouse Workers Organizing Committee , stating
that it was relinquishing all interests in this matter to District No. 50. While this is
not conclusive proof that the employees iNlio signed these cards intended to designate
District No 50 as their representative , the showing is sufficient to entitle District No 50
to a place on the ballot . The subsequent election will then resolve any question as to
the scope of the designation
1 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DinECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Beatrice Cream-
ery Company, St. Joseph, Missouri, 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 supervision
of the Regional Director for the Seventeenth 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 the
employees 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
in the active military service or training of the United States, or
temporarily laid off, but excluding employees who have since quit
or been discharged for cause, to determine whether they desire to be
represented by Milk Drivers, Dairy and Ice Cream Employees Local
387, International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, affiliated with the American Federation
of Labor, or by United Mine Workers of America, District No. 50,
affiliated with the Congress of Industrial Organizations, for the
purposes -of collective bargaining, or by neither.