Kalamazoo Creamery Co.

National Labor Relations Board - Board DecisionsAug 9, 1941

34 N.L.R.B. 101 (N.L.R.B. 1941)

In the Matter of KALAMAZOO CREAMERY COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS, LOCAL No. 7, A. F. L. Case No. R-2727.-Decided August 9, 1941 Jurisdiction : dairy products manufacturing. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it is certified by the Board ; temporary employees composed mostly of students on vacation hired during summer months held eligible to vote ; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company employed inside Company's plant, including relief men and working super- visors, but excluding the superintendent, clerical employees, the engineer, the assistant engineer, driver-salesmen, mechanics, the garage helper, and the janitor ; stipulation as to. Mr. Harry C. Howard, of Kalamazoo, Mich, for the Company. Mr. Fred Sauer, of Kalamazoo, Mich., for the Union. Mr. George Turitz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 7, 1941, International Brotherhood of Teamsters, Chauffeurs , Warehousemen & Helpers, Local No. 7, A. F. L., herein called the Union, filed with the Regional Director for the Seventh Re- gion (Detroit , Michigan) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Kalamazoo Creamery Company, Kalamazoo , Michigan , 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 June 17, 1941, 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 authorized the Regional Direc- tor to conduct it and to provide for an appropriate hearing upon due notice. 34 N. L. R. B., No. 13. 101 451269-42-vol. 34--S 102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On June 25, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. Pursuant to notice, a hearing was held on July 14, 1941, at Kalamazoo, Michigan, before Harry N. Casselman, the Trial Exam- iner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner 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. THE BUSINESS OF THE COMPANY Kalamazoo Creamery Company is a Michigan corporation having its principal office and place of business at Kalamazoo, Michigan. It is engaged in the manufacture, processing, sale, and distribution of various dairy products, and owns and operates a creamery plant at Kalamazoo. From May 1, 1940, to April 30, 1941, the Company purchased raw materials, consisting principally of milk, oranges, sugar, chocolate, bottles, caps, mix, fuel, and miscellaneous materials, having a total value of approximately $589,932. Approximately $20,817 worth of the said materials, constituting about 31/2 per cent of the total, were purchased from sources outside the State of Michi- gan. During the same period the Company's sales of its products amounted to approximately $835,597, 10 per cent of which represented products sold and transported by the Company to customers outside the State of Michigan. The Company employs from 80 to 90 em- ployees, including 30 to 35 who are engaged inside its creamery plant. H. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers, Local No. 7, A. F. L., is a labor organization affili- ated with the American Federation of Labor. It admits to member- ship employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION In about January 1941 the Union notified the Company that it had been designated by a majority of the plant employees as their bargaining representative, and it requested that the Company nego- KALAMAZOO CREAMERY COMPANY 103 tiate an agreement with it as the exclusive representative of such employees. The Company refused to grant the Union or any other labor organization recognition as the employees' exclusive representa- tive in the absence of certification by the Board. The Union submitted to the Regional Director evidence of sub- stantial membership among the Company's employees., The parties stipulated, and we find, that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE 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 commerce. V. THE APPROPRIATE UNIT The Company and the Union stipulated, and we find, that all employees of the Company employed inside the Company's plant, including relief men and working supervisors, but excluding the superintendent,2 clerical employees; the engineer, the assistant engi- neer, driver-salesmen, mechanics, the garage helper, and the janitor, constitute a unit appropriate for the purposes of collective bargain- ing, 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. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Company contends that temporary employees should not be per- mitted to vote in the election; the Union contends that they should be permitted to vote. Each year during the summer months the Com- pany employs from 6 to 10 temporary employees, both inside and out- side the plant, because of the seasonal increase in its business during that period. Those so employed are hired with the understanding that their employment is to be for only 2 or 3 months, and they are ' The Union submitted 23 applications for membership in the Union bearing the signa- tures of persons on the Company ' s pay roll of July 10, 1941, which listed 32 plant em- ployees. The applications were dated between December 14, 1940 , and January 8, 1941. 2 The superintendent is the only employee in the plant with the power to hire or discharge employees. 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD frequently young men on vacation from school or college. The Com- pany endeavors to secure the services of the same individuals each year but does not always succeed in doing so, and it does not carry the tem- porary employees on the pay roll during the entire year. It is our opinion that the temporary employees have a substantial interest in collective bargaining between the Company and the plant employees and that they should be permitted to participate in the election. In accordance with our usual practice and the desires of the parties, we shall direct that those eligible to vote shall be all employees in the appropriate unit during the, pay-roll period next preceding the date of this Decision and Direction of Election, subject to such limitations and additions as are set forth in the Direction. 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 repre- sentation of employees of Kalamazoo Creamery Company, Kalamazoo, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company employed inside its plant, includ- ing•relief men and working supervisors, but excluding the superintend- ent, clerical employees, the engineer, the assistant engineer, driver- salesmen, mechanics, the garage helper, and the janitor, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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, 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 DlxnoTrn that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Kalamazoo Creamery Company, Kalamazoo, Michigan, an elec- tion 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 Seventh 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 employed in- side its plant during the pay-roll period next preceding •the date of KALAMAZOO CREAMERY COMPANY 105 this Direction of Election, including temporary employees, relief men, working supervisors, and employees who did not work during such 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 the superintendent, clerical employees, the engineer, the assistant engineer, driver-salesmen, mechanics, the garage helper, the janitor, and those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers, Local No. 7, A. F. L., for the purposes of collective bargaining. CHAIRMAN HARRY A. Mmes took no part in the consideration of the above Decision and Direction of Election.