Moore-Lowry Flour Mills Co.

National Labor Relations Board - Board Decisions

Jul 10, 1942

42 N.L.R.B. 285 (N.L.R.B. 1942)

In the Matter Of MOORE-LOWRY FLOUR MILLS COMPANY and FLOUR
MILL AND CEREAL WORKERS UNION, No 20601, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR and LOCAL INDUSTRIAL UNION
No 1169, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
Cases Nos. R-4002 and R-4003 -Decided July 10,194
Investigation and Certification of Representatives : stipulation for certification
upon consent election
Mr Joseph F. Watson, for the Board.
Mr. E. F Merrill, of Kansas City, Mo, for the Company.
Mr. R. F. Kroh, of Kansas City, Mo, for the A. F of L.
Mr. Harvey C Fremnnhg, of Kansas City, Mo, for the C. I. O.
Mr. A Sumner Lawrence, of counsel to the Board.
DECISION
AND
CERTIFICATE OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 29, 1941, Flour Mill and Cereal' Workers Federal
Labor Union, No 20601, affiliated with the American Federation of
Labor, herein called the A F of L , filed with the Regional Director
for the Seventeenth Region (Kansas City, Missouri) a petition al-
leging that a question affecting commerce had arisen concerning the
representation of employees of Mooie-Lowry, Flour Mills Company,
Coffeyville, Kansas, herein called the Company, engaged in the manu-
factui e of flour and stock feeds On February 4, 1942, 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 Director to conduct it
and to provide for an appiopriate hearing' upon due notice. On
February 19, 1942, Local Industrial Union No 1169, affiliated with the
Congress of Industrial Organizations, herein called the C. I. O ,
filed with the Regional Ditector a petition similar to that filed by
the A F of L On June 17, 1942, the Board issued an order directing
42N.LRB,No67
285
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
an investigation and healing in the second case, and fuither of derecl
that the cases be consolidated pursuant to Article III, Section 10 (c)
(2) of the said Rules and Regulations On June 18, 1942, the Com-
pany, the A F of L, , the C I O , and a Field Examiner foi the
Board entered- into a "STIPULATION FOR CERTIFICATION
UPON CONSENT ELECTION
Pursuant to the Stipulation, an election by seci et -ballot' \w as con-
ducted on June 23, 1942, under the direction and supervision of the
Regional Director, among all employees of the Company employed
in and `about its Coffeyville, Kansas, mill, excluding the mill superin-
tendent, chief chemist, chemists, warehouse foreman, elevator fore-
man, and office personnel, and further excluding any supervisory
employee having the authority to hire o1 discharge employees, to
determine whether they desired to be represented by the A F of L.
o1 the C. I 0 for the purposes of collective bargaining, or by neither
On June 24, 1942, the Regional l ii ectoi issued and duly served upon
the parties his Election Report on the ballot No objections to the
conduct of the ballot or to the Election Report have been filed by any
of the parties
In his Election Report, the Regional_Diiector reported as follows
concerning the balloting and its results
i
Total on eligibility list-------------------------------------- 48
Total ballots cast------------------------------------------ 46
Total ballots challenged------------------------------------- 0
Total blank, ballots_______------------------------------------------ 0
Total void ballots__________________________________________ 0
Total valid votes counted----------------------------------- 46
Votes cast for Floni Mill an(] Ceieal Woikers Union No 20601,
affiliated with the Amer,can Fedeiation of Labor----------- 18
Votes 'cast for Local Industrial Union No 1169, affiliated with
the Congress of Industiial Organizations------------------ 28
Votes cast fot Neithei______________________________________ 0
Upon the basis of the Stipulation, the Election Report. and
entire record in the case, the Board makes the following
FINDINGS OF FACT
I i
the
1 A question, affecting commerce has arisen concerning the repie-
sentatlon of employees of Moore-Lowry Flour Mills Company, Coffey-
ville, Kansas, 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 in and about its Coffev-
ville, Kansas,, mill, excluding the,mill superintendent, chief chemist,
chemists, warehouse foreman, elevator foreman, and office personnel,
and further excluding any supervisory employee having the authority
-to hire,or discharge employees, constitute a unit appropriate for the
MOORE -LOWRY FLOUR MILLS COMPANY - 287
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations Act
3 Local Industrial Union No 1169, affiliated with the Congress of
Industrial- Oiganizations , has been, designated and selected by a
majority of the employees in the above unit as their repiesentative
foi the purposes of collective bargaining and is the exclusive repie-
sentative of all employees in said unit, within the meaning of Section
9 (a) of the National Laboi Relations Act
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the po«ei vested in the National
Laboi Relations Board by Section 9 (c) of the National Labor Rela-
tions Act,
IT I5 HEREBY CERTIFIED that Local Indnstrial Union No 1169,
affiliated with the Congiess of Industrial Oiganizations , has been
designated and selected by a majority of all employees of the Com-
pany employed in and about its Coffeyville, Kansas, mill , excluding
the mill superintendent, chief chemist, chemists, warehouse foieman,
elevator foreman ,, and office personnel , and further excluding any
supeivisoiy employee having the authority to hire or discharge em-
ployees, as then representative for the purposes of collective bai-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
Act, 'Local Industi ial Union No "1169;: affiliated -with, the Congress
of Industrial " Organizations , is-the exClusive 'representative ;of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment , and other conditions of em-
ployment