Fairmont Creamery Co.

National Labor Relations Board - Board DecisionsFeb 11, 1947

72 N.L.R.B. 534 (N.L.R.B. 1947)

In the Matter of FAIRMONT CREAMERY CoIIPANY, EMPLOYER and GEN- ERAL DRIVERS, HELPERS, WARE1-IOUSEIIEN, DAIRY EJIPLoYFES AND INSIDE WORKERS UNION, LOCAL 116, A. F. OF L., PETITIONER Case No. 18-R-1706.-Decided February 11, 1947 Messrs. J. H. Deems and E. O. Berg, of Moorehead, Minn., and Mr. S. E. LZlomstad, of Detroit Lakes, Minn., for the Employer. Messrs. J. M. O'Laughlin and James A. Westbury, of Fargo, N. Dak., for the Petitioner. Mr. David C. Buclza^ter, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board on November 6, 1946, conducted a prehearing election among employees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election, a Tally of Ballots was furnished the parties. The Tally shows that six of the seven eligible voters cast ballots, all of which were cast for the Petitioner. Thereafter, a hearing was held at Detroit Lakes, Minnesota, on December 19, 1946, before Clarence A. Meter, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Fairmont Creamery Company, a Delaware corporation , is engaged at its plants in various parts of the United States, in the production, processing, and selling of butter, eggs, milk, poultry , and other dairy products. The Employer's total annual business exceeds several mil- lion dollars. We are here concerned only with the Employer's opera- 72 N. L. R. B, No. 100. 534 FAIRMONT CREAMERY COMPANY 535 tions at Detroit Lakes, Minnesota, a sub-branch of the Employer's plant at Moorehead, Minnesota. The Employer, through this sub- branch, buys cream, poultry, and eggs from producers in the imme- diate vicinity of Detroit Lakes. During the first 11 months of 1946, such products, in an amount exceeding $50,000, were transported to the Moorehead plant for further processing in conjunction with other similar products. The latter plant receives 60 percent of its raw mate- rials from outside the State of Minnesota and, of the products processed by that plant, 90 percent is shipped to points outside the State, while the balance is sold locally at Moorehead and at Detroit Lakes, Minnesota. The Employer admits and we find that it is engaged at its opera- tions in Detroit Lakes, Minnesota, in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, which, in turn, is affiliated with the American Federation of Labor, claiming to represent employees of the Em- ployer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer , 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 the agreement of the parties, that all production employees of the Employer at its Detroit Lakes, Minne- sota, sub-branch, including truck drivers, but excluding office and cler- ical employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The results of the election held before the hearing show that the Petitioner received all the valid votes cast. Under these circum- 536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stances, we shall certify the Petitioner as the collective bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that General Drivers, Helpers, Warehouse- men, Dairy Employees and Inside Workers Union, Local 115, A. F. of L., has been designated and selected by a majority of all production employees at the Detroit Lakes, Minnesota, sub-branch, plant of the Fairmont Creamery Company, Moorehead, Minnesota, including truck drivers but excluding office and clerical employees and all super- visory employees with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.