Cass-Clay Cooperative Creamery Association

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 719 (N.L.R.B. 1944)

In;the ;Matter`of CASE-CLAY COOPERATIVE CREAMERY ASSOCIATION and
GENERAL"DRIVERS, HELPERS & INSIDE WORKERS-LOCAL- 116, A. F. L.
In the Matter Of CASS-CLAY COOPERATIVE CREAMERY ' ASSOCIATION and
UNITED PACKINGHOUSE WORKERS OF AMERICA, LoCAL 252, C. I. O.
Cases Nos. 18-R-1032 and 18-R-1043, respectively.Decided July-
27,1944
Mr; Quentin N. Buz dick, of Fargo, N. D., for the Company.
Messrs. N. E. Kragerud and M. G. Lindemann, of Fargo, N. D., for
the AFL.
Holsteen. cQc Hall) ' by Mr. Kenneth;J.;Enkel,. of ,Minneapolis, Minn.,
and Mr. Joseph Schowalter, of Moorhead, Minn., for the C. I. O.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OJ ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by General Drivers, Helpers & Inside
Workers, Local 116, A. F. L., herein called AFL, and United Packing-
house Workers of America, Local 252, C. I. 0., herein called CIO, al-
leging that questions affecting commerce had arisen concerning the
representation of employees of Cass-Clay Cooperative Creamery As-
sociation, Moorhead, Minnesota, herein ,called the Company, the Na-
tional Labor Relations Board consolidated the cases and provided for
an appropriate hearing upon due notice before Clarence A. Meter,,
Trial Examiner. Said hearing was held at Moorhead, Minnesota, on
June 23, 1944. The Company, AFL, and CIO, appeared and partic-
ipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. - All
parties were afforded an opportunity to file briefs with the Board.
57N.L R B,No M.
719
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Cass-Clay Cooperative Creamery Association, a Minnesota' corpo-
ration; has its office and principal plant in Moorhead, Minnesota, and
a-branch plant in Fargo, North Dakota. Both plants are involved
in this proceeding. The Company is engaged in the business of re-
ceiving. and processing dairy and poultry products. During the year
1943, the Company purchased. for processing, eggs, milk, live poul-
try, and separated cream valued at approximately $68,000; of which
75 percent was shipped, into the State of Minnesota from points ,
outside the State. In the same period of time, the Company.sold
processed foods, 'consisting of bottled milk, cream, ice cream, dressed
poultry, eggs, butter, and powdered milk valued at about $1,012,000,
of which approximately 75 -percent was shipped to points outside the
State of Minnesota.
The Company admits' that- it is engaged in interstate commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
General Drivers , Helpers & Inside Workers, Local 116 , affiliated
with the American Federation of Labor , is a labor organization ad-
a flitting to membership employees of 'the Company.
United - Packinghouse Workers of America , Local 252, affiliated
with the Congress - of Industrial Organizations , is a labor organization
,admitting to membership employees of,the.Company 1 -
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the AFL
,or the CIO as the exclusive bargaining representative of its em-
ployees until certified by the Board man appropriate unit..
A statement of the Regional Director, introduced into evidence at
the hearing, and additional evidence, submitted `at the hearing, indi-
cates that both the AFL and the CIO represent substantial numbers
,of employees in the units hereinafter found appropriate?
' In accordance with the agreement of the parties , the stipulation , submitted subsequent
to the hearing, stating that the AFL and the CIO are labor organizations within the mean-
ing of the National Labor Relations Act is hereby Incorporated in and made part of the
record.
2 The Regional * Director reported that the CIO submitted 29 authorization cards.; that
the names of 20 persons appearing on-the cards were listed on the Company's pay roll of
June 3, 1944, which contained the names of 41 employees in the unit sought by the CIO ;
and that all the cards were dated in April-May 1944. The reports of the Regional Director
and the Trial Examiner indicate that the AFL submitted 21 authorization cards ; that the
CASS-CLAY-COOPERATIVE-CREAMERY ASSOCIATION 721
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,..i_,
IV. THE APPROPRIATE UNIT; TIIE DETERMINATION OF REPRESENTATIVES
. ..... ; ... ' " , ,.
The AFL ,seeks a unit of all production and maintenance em-
ployees of both the Moorhead and the Fargo plants,3 including de-
livery ,route salesmen, , but excluding office and clerical. employees,
country route drivers, and all supervisory personnel. ' The CIO de=
sires the same unit with, however, the exclusion of the delivery route
salesmen. ' The Company- favors the unit proposed by 'the ' AFL.-
The delivery route salesmen distribute milk, cream, and butter to
retail and wholesale customers of the Company. Their duties are
dissimilar to those of the production and maintenance "employees
and they share none of the work of the latter. Unlike the production
and maintenance employees who are paid on an hourly. basis, the
delivery route salesmen receive a monthly guarantee. plus commis-
sions. Their average earnings are substantially higher than those of
the hourly paid employees. ' We are 'of the opinion that under'these
circumstances the delivery route salesmen may function- for the pur-
poses of collective bargaining either as a separate group or as part of
the larger production and maintenance unit sought by 'the AFL. In
this situation, our determination of the unit issue with respect to
these employees will depend, in part, upon, their own desires as ex-
pressed in the election hereinafter directed among them.
We shall direct that separate elections by secret ballot be , held
among 'the employees in each of the voting groups described below
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 the Direction :
1. All delivery route salesmen at the Company's Moorhead and
Fargo plants, excluding all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action. . -
2. All production and maintenance employees at the • Company's
Moorhead and Fargo plants, excluding delivery route salesmen, office
and clerical employees, country route drivers,' and all supervisory
names on 18 of these cards appeared on the Company's June 3, 1944, pay-roll list ; that
there are approximately 60 employees in the unit sought by the AFL ; and that the cards
were dated as follows : 17 in May-June 1944; 2 in February 1942; and 2 undated.
' The- Moorhead and Fargo plants, although in different States, are only a few miles
from each other. They are operated as a unit: one pay roll is kept for both plants, the
general manager of the Moorhead plant is also responsible for the operation of the Fargo
plant, and there is some interchange of employees between the plants.
4 These are apparently independent contractors who collect milk and cream from the
farmers and are paid by the Company on a tonnage basis for their deliveries to the plants.
601248-45-vol. 57-47
722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees' with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action. '
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the elections.
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 to ascertain represent-
atives for the purposes of collective bargaining with Cass=Clay Co-
operative Creamery Association, Moorhead, Minnesota, separate elec-
tions 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,Ri^gional Director for the Eighteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
,Rules and Regulations, among the following groups of employees
of the Company who were employed during the pay-roll period im-
mediately 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 those employees who have since quit or
been discharged for cause and have not been rehired or reinstated
prior to-the date of the elections, as well as all supervisory employ
ees with, authority to hire, promote, discharge, discipline, or otherwise
effect changes in' the status of "employees, or effectively recommend
such action :
1. All delivery route salesmen to determine whether or not they
desire to be represented by General Drivers, Helpers & Inside Work-
ers, Local 116, A. F. L., for the purposes of collective bargaining.
2. All production and maintenance employees, excluding delivery
'route salesmen, office and clerical employees, and country' route driv-
ers, to determine whether they desire to be represented by General
Drivers, Helpers & Inside Workers, Local 116, A. F. L., or by United
Packinghouse Workers of America, Local 252, C. I. 0., for the pur-
poses of collective bargaining, or by neither.
,MR. JOHN M. HOUSTON took no part in the consideration of_ the
above Decision and Direction of Election.-