Fairmont Creamery Co.

National Labor Relations Board - Board Decisions

Sep 19, 1942

44 N.L.R.B. 204 (N.L.R.B. 1942)

In-the Matter of FAIRMONT CREAMERY COMPANY, C RETE, NEBRASKA, and
AMALGAMATED MEAT CUTTERS AND BUTCHER WORK EN OF - NORTH
AMERICA, AFFILIATED WITH THE AMERICAN-FEDERATION. OF LABOR
Case No. R-4219.-Decided September 19, 19412
Jurisdiction : milk produce industry -
Investigation and Certification of Representatives : existence of question: re-
fusal' of Company to bargain until question of, majority determined; Trial
Examiner 's overruling of Company's objection to quantum and nature of proof
of union's designation , , afrsned ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees at one
of Company 's plants, excluding all administrative personnel . office employees,
watchmen , and supervisory employees ; • agreement as to.
Flansburg eC Flansburg, by Mr. Charles H., Flansburq of Lincoln,,
Nebr.; and Mr. Lilyan'Pospiohal, Mr. Leonard E. Hartz, Mr. M. S.
Hartman, and Mr. A. W. Roy, of Omaha, Nebr., for. the Company.
Mr.)Roy M. Brewer, of Grand Island , Nebr., and,lflr. T. J. Lloyd,,
and Mr. C. B. Heninger, of Omaha, Nebr.,,for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters and Butcher
Workmen of North America, affiliated with the American Federation
of Labor, herein called the Union, alleging that a question affecting
commerce had arisen concerning.the representation of employees of
Fairmont Creamery Company, Crete, Nebraska, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert S. Fousek, Trial Exam-
iner. Said hearing was held at Omaha, Nebraska, on August 27, 1942.
The Company and the Union appeared, participated, and 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 Bearing are free from prejudicial error and are
hereby affirmed.
44 N- L. R B, No. 35 _
204
FAIRMONT, CREAMERY COM\SPANY,• _CRETE,.,I\'-EIB,RASKA <205
Upon the entire record in the c,ase,,the•Board makes the following
FINDINGS.OF `FACT
I. THE BUSINESS OF THE COMP ANY • , r
Fairmont 'Creairieiy Company has its prilicipzl'ofiice' and place of
business at Omaha, Nebraska. At Crete, Nebrasha,'the* Company
operates a creamery and poultry produce business, the `only plant in-
volved in this proceeding., During the..course of .a, year the volume
of business at the Company's Crete plant exceeds $500,000. Approxi-
mately 25 percent of the products of the plant are shipped to points
outside Nebraska. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica is a labor organization affiliated 'itli theAmerican Federation of
Labor, admitting to,membership employees of the Company.,
III' THE QUESUION CONCi:RNING 1il-i'IiESE\T.t'flON
On July 24, 1942, the Union asked,the Company to recognize.it as
sole bargaining agent of the Company's employees. The, Company
-doubted that the Union represented a majority,of •sucli employees and
refused to recognize the Union. , •,;
A,statement prepared by a Field Examiner and introduced-into evi-
dence at the hearing indicates that'the-Union represents a substantial
number of employees in the appropriate unit.' ,
',The Union submitted to the Field Examiner 184 applications foi menibeiship, of which
2 were undated, and the remainder dated betiieen September 1941 and August 1042. Of
these cards, 146 bear apparently genuine signatures of employees on ,the,Coinpany's pay
roll'of August 1, 1012' There aie about 200 eniplo)ces in the appropriate unit
The Company objected to the introduction into evidence of the Field Examiner's State-
ment'on technical giounds and on the gioantl,that it did not prove that the Union
iepresented a nut oiity of employees in the appropiiate unit. The Trial 'Examiner over-
ruled the objection The-Trial Examiner' s ruling is_lieiebi affiiniel, As we have fre-
quently stated, the report of the Regional Directoi. or of a Field Examiner attached to the
Reg,onal Office, iiith respect to a claim of authorization is ieceived in evidence not as
),loot-of the piecise number of employees who desire, to be iepreseted by a labor, organi-
.zation but.rather as an indication that a substantial number•,ot employees desire to be
so iepieseutell and that an election among such employees will not oe a 'vain proceedink.
Neither the claims of unions to rep event enmlovees nor a preLninaiyinvestigatioii of
such claims bi an agent of the Boaid constitute a substitution toi an election at w inch
all emp,ovees involved roar designate the bargaining ielaesentati e aihn•h appears upon
'Oh" ballot it they so 'desue Cf. ]Latter of Cities .Sereice Oil Company, I'ettjjs Inland
Repneil, hi iirun and 'Oil ll'or7,eta International Mizell, affiliated with . the C. I. 0.,
3S N L. R T 1055 -
206 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE, APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
production employees at the Company's Crete,. Nebraska, plant, ex-
cluding all administrative personnel, office employees, watchmen, and
supervisory employees having the right to hire and discharge, consti-
tute 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot among employees
of the Company within the appropriate unit who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion of Election, subject to the limitations and additions set forth
therein.
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 Relations
Act, 49 Stat . 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Fairmont Cream-
ery Company, Crete, Nebraska, 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 all employees
of the Company within 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 or not they desire to
be represented by Amalgamated Meat Cutters and Butcher Workmen
of North America, affiliated with the American Federation of Labor,
for the purposes ofcollective bargaining.
MR. WM. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.
In the Matter of FAIRMONT CREAMERY COMPANY, CRETE, NEBRASKA,
and AMALGAMATED MEAT CUTTERS AND BUTCHER ' WORKMEN OF
NORTH AMERICA, AFFILIATED WITH 'THE AMERICAN FEDERATION OF
LABOR
Case No. R-4219
ORDER PERMITTING WITHDRAWAL OF PETITION
September 30, 19412
The Board having on September '19, 1942, issued a Decision and
Direction of Election in the above-entitled case,' and, thereafter,
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, affiliated with the American Federation of Labor having re-
quested permission to withdraw its petition, and the Board having
duly considered the matter,
IT IS HEREBY ORDERED that the request of the petitioner for per-
mission to withdraw its petition be, and it hereby is, granted,- and
that the aforesaid case be, and it hereby is, closed. -
1 44 N . L. R. B. 204.
44 N. L. R. B., No. 35a.
207
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