Herrick Refrigerator and Cold Storage Co.

National Labor Relations Board - Board Decisions

Dec 14, 1944

59 N.L.R.B. 962 (N.L.R.B. 1944)

In the Matter Of HERRICK REFRIGERATOR AND COLD STORAGE COMPANY
and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA,
C. I. O.
Case No. 18-B-1143.-Decided December 14, 1944
Mr. George E. Pike, of Waterloo, Iowa, for the Company.
Meyers c Meyers, by Mr. Hart E. Baker, of Chicago, Ill., and Mr.
Charles W. Hobbie, of Cedar Rapids, Iowa, for the C. I. O.
Mr. Thomas J. Kirkwood, of Dubuque, Iowa, for the A. F. of L.
Mr. Louis Cokin, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Farm Equipment and Metal
Workers of America, C. I. 0., herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Herrick Refrigerator and Cold Storage Company,
Waterloo, Iowa,, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Stephen M. Reynolds, Trial Examiner. Said hearing was held
at Waterloo, Iowa, on November 29, 1944. At the commencement of
the hearing, the Trial Examiner granted a motion of United Brother-
hood of Carpenters and Joiners of America, Millmen's Local Uliion
No. 922, A. F. of L., herein called the A. F. of L., to intervene. The
Company, the C. I. 0., and the A. F. of L. appeared, participated, 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 C .1. O. moved to deny a place on
the ballot to the A. F. of L. The Trial Examiner reserved ruling
thereon. The motion is hereby denied. 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 :
59 N. L. R. B., No. 185.
962
I
HERRICK REFRIGERATOR AND COLD STORAGE COMPANY 963
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Herrick Refrigerator and Cold Storage Company is an Iowa cor-
poration engaged in the manufacture of domestic and commercial
refrigerators at Waterloo, Iowa. The Company purchases about 75
percent of the raw materials used by it from points outside the State
of Iowa. It sells products valued in excess of $300,000 annually, about
25 percent of which is shipped to points outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Farm Equipment and Metal Workers of America is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
United Brotherhood of Carpenters and Joiners of America, Mill-
men's Local Union No. 922, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 18, 1944, the C. 1. 0. requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request until such time
as the C. 1. 0. is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
-evidence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit hereinafter found to be
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) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees of the Company, including
working foremen and shipping clerks, but excluding office and factory
clerical employees, truck drivers, executives, general supervisor and
' The Field Examiner reported that the C. I O. presented 41 application-for-membership
cards bearing names of persons on the November 1, 1944, pay roll of the Company. There
are approximately 103 employees in the appropriate unit. The Trial Examiner reported
that the A. F. of L. presented 10 authorization cards bearing the names of persons on the
November 1, 1944 , pay roll of the Company.
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
production man, and all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute 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 shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the 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.
We find, in accordance with the desires of, the parties, that casual
or temporary part-time employees are ineligible to vote in the
election.
The C. I. O. contends that the A. F. of L. should not be accorded
a place on the ballot. Inasmuch as an election is to be directed and
the A. F. of L. has made-some showing of representation- we shall
place it on the ballot.
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
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Herrick Refrig-
erator and Cold Storage Company, Waterloo, Iowa, 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 Eighteenth Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules
and Regulations, among the 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 em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including' em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding any 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 they desire
HERRICK REFRIGERATOR AND COLD STORAGE COMPANY 965,
to be represented by United Farm Equipment and Metal Workers of
America, C. I. 0., or by United Brotherhood of Carpenters and
Joiners of America, Millmen's Local Union No. 922, A. F. of L., for
the purposes of collective bargaining, or by neither.