Golden Sun Milling Co.

National Labor Relations Board - Board Decisions

Oct 17, 1940

27 N.L.R.B. 923 (N.L.R.B. 1940)

In the Matter of GOLDEN SUN MILLING Co. and INTERNATIONAL BROTH'
ERIIOOD OF TEAMSTERS , CHAUFFEURS, STABLEMEN AND HELPERS, LOCAL
844, AFFILIATED WITH THE A . F. OF L.
Case No. R-2064.-Decided October 17, 1940
Jurisdiction : milling and sale of grain and sale of coal industry.
Investigation and Certification of Representatives : existence of question:-re-
fusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining : all employees , exclusive of owners,
stenographers , foremen, clerical help, and outside salesmen.
Mr. H.. A. Degen and Mr. F. J. Kennedy, of Estherville, Iowa, for
the Company.
Mr. Fred V. West and Mr. Carl R. Treband, of Estherville, Iowa;
for the -Union. - '
. Mr. Edward Sehe2unemann, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 6, 1940, International Brotherhood of Teamsters, Chauf-
feurs, Stablemen and Helpers, Local 844, affiliated with the A. F. of L.,
herein called the Union, filed with the Regional Director for the
Eighteenth Region (Minneapolis, Minnesota), a petition alleging that
a question affecting commerce had arisen concerning the representation
of employees of the Golden Sun Milling Co., Estherville, Iowa, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the= National Labor
Relations Act, 49 Stat. 449, herein called the Act.
On September 11, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section,3, of National Labor Relations Board Rules and
Regulations-Series 2, 'as amended, ordered an investigation and au-
thorized the Regional Director to conduct it, and to provide for' ani
appropriate hearing upon due notice. -
On September 14, 1940, the Regional Director issued a notice of,
hearing, copies of which were duly served upon the Company and•
the Union. Pursuant to the notice a hearing was held on September,
27N.L. R.B,No.151.
923
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
24, 1940, in Estherville, Iowa, before Lee Loevinger, the Trial Ex-
aminer duly designated by the Board. The Company, represented
by counsel, and the Union, by its officials, participated in the hearing
and were afforded full opportunity to be heard, to examine, and
cross-examine witnesses, and to introduce evidence bearing on the
issues. During the course of the hearing the Trial Examiner made
a number of rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors-were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. TILE BUSINESS OF THE COMPANY
Golden Sun Milling Co., a copartnership, with its principal office
and place of business in Estherville, Iowa, is engaged in the milling
and sale of seeds, feeds, and grain, and in the sale of coal. It owns
and operates a separate place of business at Fairmont, Minnesota.
The present proceeding is concerned only' with the plant in
Estherville, Iowa.
During the last fiscal year the Company purchased materials valued
at $208,260 for use in its place of business in Estherville, Iowa, and
it obtained $87,900 in value of such materials outside the State of
Iowa. During the same period, the- Company sold materials valued
at $282,431 from its place of business in Estherville, Iowa, and it
shipped $66,371 in value of such materials to points outside the State.
of Iowa. - -
II. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers, Local 844, is a labor organization affiliated with the
American Federation of Labor. It admits to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 15, 1940, the Union asked the Company, and
the, Company refused, to bargain with it as the representative of the
employees. It appears that the Union has substantial membership
in the unit hereinafter found appropriate.'
We find that a question has arisen concerning the representation
of employees' of the Company..
1 The Union bas at least 5 application cards which bear the apparently genuine signa-
tures of persons on the June 15, 1940, pay roll of the Company included in the unit
hereinafter found appropriate . Such unit includes about 12 persons. -
GOLDEN SUN MILLING CO.
IV. THE EFFECT OF THE QUESTION AFFECTING REPRESENTATION
UPON COMMERCE
925
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of comerce. -
V. THE APPROPRIATE UNIT
The Union contends that all the employees of the Company in- its
Estherville, Iowa, plant, excluding owners, stenographers, foremen,
clerical help, and outside salesmen constitute an appropriate unit.2
The Company objects to these exclusions but it is clear from the
record and our usual practice that such exclusions, upon the request
of the only union involved, are entirely proper.
' We find that all the employees of the Company in its Estherville,
Iowa, plant, exclusive of the owners, stenographers, foremen, clerical
help, and outside salesmen, constitute a unit appropriate for the pur-
poses of collective bargaining, and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining, and otherwise effectuate,
the policies of the Act.
There is a dispute as to whether certain individual employees fall
within the group excluded from the unit. The Union contends that
Marcellus Hood is a casual employee and should not be included. The
record shows that Hood was employed in July 1940 and was working
continuously at the time of the hearing. We find that he should be
included within the unit. The Union contends that Tommy Hamilton
is a salesman and should be excluded. He spends one-half of his work-
ing time selling to the retail trade, and the rest of the time in loading
trucks and performing manual labor in the warehouse. We find that
he should be included within the unit. The Company contends that
Chris Holmgren is a salesman and therefore should be excluded. The
record supports the Company's contention that Holmgren had been
transferred to the position of salesman on July 27, 1940, and was at
the time of the hearing a full-time salesman. We find that he should
be .excluded from the unit unless,by some subsequent change in his
status he meets the requirements for inclusion therein set forth in this
Decision and Direction of Election.
2 The union petition also excludes the category of assistant manager but the! Company
does not employ any 'assistant manager. -
926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
VI. TILE DETERMINATION OF REPRESENTATIVES
We'find that the question which has arisen concerning representation
can best be resolved by the holding of, an election by secret ballot. Pur-
suant to'our usual practice we shall direct that eligibility to vote shall
be determined by employment during the pay-roll period immediately
preceding the date of our Direction of Election.
Upon the basis of the above findings of fact and upon. the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1.' A ,,question. affecting commerce has arisen concerning 'the repte-
sentation of employees of Golden Sun Milling Co., Esthersville, Iowa,
within the meaning of Section 9 (c) and Section 2 (6) and (7). of
the Act.
.2. All the employees of the Company in its Estherville, Iowa, plant,
exclusive of owners, stenographers, foremen, clerical help, and outside
salesmen, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
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, 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 ordered by the Board to
ascertain representatives for collective bargaining with Golden Sun`
Milling Co., in its Esthersville, Iowa, plant, 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 of Election, under the direction
and supervision of the Regional Director for the Eighteenth Region,
acting in thi3 matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all the employees of the Company in its Estherville, Iowa, plant,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including any employees who
did not work during such period because they were ill or on vacation
and any who were then or have since been temporarily laid off, but
excluding owners, stenographers, foremen, clerical help, and outside
salesmen, and any employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by -
International Brotherhod of Teamsters, Chauffeurs, Stablemen and
Helpers, Local 844, affiliated with the A. F. of L., for the purposes of
collective bargaining.