Commander-Larabee Milling Co.

National Labor Relations Board - Board Decisions

Jun 15, 1942

41 N.L.R.B. 957 (N.L.R.B. 1942)

lit-the Matter Of COMMANDER-LARABEE MILLING COMPANY and LOCAL
INDUSTRIAL UNION #1153, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS '
Case No. R-381?.-Decided June 17, 1942
Jurisdiction : grain storing and processing industry.
Practice and Procedure : petition dcsnazssed where petitioner did not make a
sufficient showing of representation among employees in the alleged appropriate
unit
Mr. Robert S. Fouselc, for the Board.
Mr. H. 111. Noble, of Kansas City, Mo:, for the Company.
Mr. H. C. Renaming, of Kansas City, Mo., for the C. I. O.
Mr. R. F. Kroll and Mr. C. E. Lavery, both of Kansas City, Mo.,
for Local 21343.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Local Industrial Union #1153, affil-
iated with the Congress of Industrial Organizations, herein called
the C. I. 0., alleging that a question affecting commerce has arisen
concerning the representation of employees of Commander -Larabee
Milling Company , Hutchinson,.Kansas, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Henry J. Kent, Trial Examiner.
Said hearing was held at Hutchinson , Kansas, on May 11 , 1942. The
Company, the C. I. 0., and Flour , Cereal, Feed Mill and Grain Ele-
vator `Yorkers' Union, Local 21343 , of Hutchinson , Kansas, herein
called Local 21343 , a labor organization claiming to represent em-
ployees directly affected by the investigation, appeared , participated,
and were afforded full opportunity to be heard , to examine and cross-
examine witnesses , and to introduce evidence bearmg on the issues.
The Trial Examiner 's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
41 N. L . R. B, No 173
957
958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
,Commander-Larabee Milling Company is aDelaware corporation
having numerous mills and elevators throughout the United States.
The only mill and elevator involved-in this proceeding is located in
Hutchinson, Kansas, where the Company is engaged in the business
of storing and processing grain. During the fiscal year ending June
30, 1941, the Company purchased, sold, and distributed approximately
757,000 barrels of grain and cereal products having a value of over
$2,600,000. In the course and conduct of its business at its Hutchinson,
Kansas, mill and elevator, the Company normally purchases and trans-
ports approximately 15 percent of its grain and mill products from
States other than the State of Kansas to the Hutchinson, Kansas,
mill and elevator of the Company and also normally transports and
,distributes approximately 93 percent of the grain processed from its
Hutchinson, Kansas, mill and elevator to and through States of the
United States other than the State of Kansas. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local Industrial Union #1153 is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
Flour, Cereal, Feed Mill and Grain Elevator Workers' Union,
Local 21343, is a labor organization, affiliated with the American Fed-
eration of Labor, herein called the A. F. of L., admitting to member-
ship employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On February 9, 1942, during a conference in the Board's Regional
Office on another matter; the representative of the C. I. O. apprised
McGrath, the manager of the Hutchinson mill; of the C.. I. O.'s claim
to represent employees at that mill, and on the salve day filed the peti-
tion in this proceeding. On February 11, 1942, the C. I. O. repre-
sentative wrote to McGrath, confirming the discussion on February 9,
stating that the C. I. O. represented "a substantial group" of the Com-
pany's Hutchinson mill employees, and requesting a meeting for the
purposes of collective bargaining. On February 12, McGrath replied
that the A. F. of L. was designated in an existing contract as the
COMMANDER-LARABEE MILLING COMPANY 959-
sole collective bargaining , representative and that the Company felt
obligated to recognize the A. F. of L . as such "until advised to the
contrary by proper authority ." The Company and Local 21343 con-
tend that the contract referred to by McGrath constitutes a bar to
these proceedings.
There are two contracts involved , one between the Company and
the A . F. of L ., herein called the master contract , and the other between
the Company and Local 21343, herein called the supplemental con-
tract. The master contract is effective for 1 year from March 9, 1941,
and from year to year thereafter subject to termination or amend-
ment after notice thereof 60 days prior to the end of any yearly period.
The A. F. of L . is recognized therein as the sole bargaining agent,
but the contract provides that classifications of employment and rates
of pay shall be negotiated between the Company and Local 21343
and embodied in a supplemental contract which shall become part
of the master contract but enforceable without regard to the accept-
ance, continuation , or termination of the master contract . The Com-
pany and Local 21343 entered into a supplemental contract pursuant
to the foregoing provisions , dated March 9, 1941 . This agreement is
effective for 1 year , and from year to year thereafter subject to 60
days' notice of termination.
On December 15, 1941, Local 21343 wrote to C. M. .Hardenbergh,
vice president of the Company in charge of labor relations, whose
office is in Minneapolis, Minnesota , requesting negotiations for "a new
working agreement" between the Company and Local 21343. Harden-,
bergh replied on December 19, stating that he would discuss the matter
after January 1, 1942. The first and only meeting between Harden-
bergh and representatives of Local 21343 occurred on February 11,
1942, at Hutchinson, at which an agreement was reached providing for
an increase in wages, effective March 9, 1942. Hardenbergh testified
that he had no knowledge at that time that the C. I. O. had filed a
petition although, as we have stated above, McGrath, the local manager,
had been advised on February 9 and 11 that the C. I. O. claimed to
represent employees at the Hutchinson mill.
We find it unnecessar-y to decide whether the contracts between the
Company and the A . F. of L . and Local 21343 constitute a bar to a
determination of representatives , since we are in agreement with the
contention of Local 21343 that the C. I. O. has not made a sufficient
showing of representation among employees in the alleged appropriate
unit. A statement prepared by a Field Examiner for the Board dis-
closes the following : The C. I. O. submitted 23 signed authorization
cards, of which 3 were dated December 14, 1941, 15 dated between
January 10 and 28, 1942, and 5 dated on February 6 and 7, 1942. Of
the 23 signatures, only 19 appeared to be the names of persons whose
. 960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
names are on the Company's pay roll of February 12, 1942. This pay
roll shows a total of 68 employees in the alleged appropriate unit.'
Under these circumstances , we find that no question concerning the
representation of employees of the Company has arisen, within the
meaning of Section 9 (c) of the Act. We shall, therefore, dismiss the
petition.2
ORDER
Upon the basis of the above findings of fact and the entire record in
the case, the National Labor Relations Board hereby orders that the
petition for investigation and certification of representatives of em-
ployees of Commander-Larabee Milling Company, Hutchinson, Kan-
sas, filed by Local Industrial Union #1153, affiliated with the Congress
of Industrial Organizations, be, and it hereby is, dismissed.
1 In its petition, the C. I 0 alleged that there were approximately 40 employees in the
appropriate unit. The record is cleat, however, that as of February 12, 1942, there were
68 employees in the unit claimed to be appxopriate
Local 21343 submitted to the Field Examiner an affidavit, dated February 11, 1942,
stating that the 59 persons whose names were attached thereto were employees of the
Company and dues-paying members of Local 21343 The Field Examiner reported that all
names attached to the affidavit were on the February 12, 1942, pay i oil Local 21343 also
submitted a petition , bearing 58 signatures , which recited that the signers were employees
of the Company and members of Local 21343 and did not desire to change their affiliation.
Frfty-four of the names on the petition were the names of persons on the Company's February
12, 1942 , pay roll
2 See Matter of Ford A Smith, Blanche F Smith, and William G Shanks , partners doing
business as Smith Cabinet Manufacturing Company and United Brotherhood of Carpenters &
Joiners, Local No. 1699 ( AFL), 36 N. L R B 363; Matter of The Adams & Westlake Com-
pany and United Automobile , Aircraft and Agricultural Implement Workers of America,
C. I. 0., 37 N L. R. B. 829.