Fairmont Creamery Co.

National Labor Relations Board - Board DecisionsApr 23, 1946

67 N.L.R.B. 688 (N.L.R.B. 1946)

In the Matter Of FAIRMONT CREAMERY COMPANY and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL UNION No. 214, A. F. OF L. Case No. 16-R-1654.Decided April 23, 1,946 Mr. C. B. Evinger, of Omaha, Nebr., and Mr. E. 0. Gibb, of Lawton, Okla., for the Company. Mr. Walter Gieseke, of Oklahoma City, Okla., for the Union. Mr. Harvey B. Diamond, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 214, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Fairmont Creamery Company, Lawton, Oklahoma, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ramey Donovan, Trial Examiner. The hearing was held at Lawton, Oklahoma, on March 15, 1946. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Fairmont Creamery Company is a Delaware corporation operating a plant at Lawton, Oklahoma, where it is engaged in the purchase and processing of poultry, eggs, and milk products and in marketing the 67NLIIB,No.87. 688 FAIRMONT CREAMERY COMPANY 689 finished products . For the 6-month period prior to March 15, 1946, the Company sold products of a value in excess of $25,000. The Company purchases substantially all of its products from points within the State of Oklahoma and ships approximately 25 percent of its products to points outside the State. The Company admits that it is engaged iii commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 214, is a labor organization , affiliated with the American Federation of Labor, admitting to membership em- ployees of the Compal)y. III. THE QITEsTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of the employees at its Lawton plant until the Union has been certified by the Board in an appro- priate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of employees in the unit hereinafter found 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) amid Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find. in accord with the agreement of the parties, that all hourly paid production and maintenance employees at the Lawton, Oklahoma, plant of the Company, including sales distribution employees and working foremen,- but excluding office and clerical employees, de- partment heads, foremen, hatchery department employees; and all or any other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. ' The Field EAaminer lepoited that the Union submitted 62 applications for membership, and that 45 calls at,, dated Oetober 1945. 4 are dated November 1945 4 ate dated December 1945 , and 9 tie dated January 1946 Thee are ippioxinaatels 102 emplovees in the appropriate unit 'The pieties agree, and Â« e find, that working foremen are not supervisors within the taouw,_, of ttb PoaiI s definition of that term The hatcheri department norntalls employs one to four employees In June 1945 the huts he , t depat t ieut di outnuned opei ation and is not expected to resume opertrnon before Jana,iri 1947 692145 41 -col 1,7- -45 690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. TIIE DETERMINATION OF REPRESENTATIA ES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees 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 the Direction. There is pending before the Board a prof-eedmg i against the Com- pany upon charges alleging unfair labor practices. including among other things the alleged discriminatory discharge of eight persons.1 The Union, however, desires an early election and has formally waived the right to protest an election in this case on any ground set forth in that proceeding. Accordingly we shall not postpone the election pending a determination of the unfair labor practice charges. In the event that the Company is hereinafter found to have engaged in unfair labor practices in discharging the persons named in the charges and the Board orders their reinstatement, their continuing employee status will have been established. We shall therefore in accordance with our usual practice in this respect 6 permit employees alleged to have been discriminatorily discharged to cast their ballots in the election. However, their ballots shall be segregated and we shall defer ruling as to their validity. 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 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hareby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Fairmont Creamery Company, Lawton, Oklahoma, 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 Sixteenth Region, acting in this mat- ter as agent for the -rational Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among 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 the eight persons alleged to have been discriminatorily discharged, employees who did not work dur- Ingr said pay-roll period because they were ill or on vacation or tempo- Hatter of Fairmont Creame) y Company, Case No 16-C-1285. H. I' Shelton, Jimmie Winn , William Whitfield , Ruth Arlington , J M George , Zenith Willi,, Flgvd Gower. and Joe White ^ ilattei of Century Ordnance Dii'isron of Century Engineering Corporation , 51 N L. R I: 412 hatter of Frmmont Crcamerot Company . 61 N I. R B 1594 FAIRMONT CREAMERY COMPANY 691 rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls , but ex- cluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election , to determine whether or not they desire to be represented by Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 214, A. F. of L ., for the purposes of collective bargaining.