North American Creameries, Inc.

National Labor Relations Board - Board Decisions

Jul 31, 1944

57 N.L.R.B. 795 (N.L.R.B. 1944)

In the Matter of NORTH AMERICAN CREAMERIES , INC. and AMALGAM-
ATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA,
LOCAL UNION No. 615, A. F. OF L. and WAREHOUSE EMPLOYEES UNION,
LOCAL No. 359, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.
Case No. 18-RE-14.-Decided July 31) 1944
Mr. Alfred W. Bowen, of Minneapolis, Minn., for the Company.
Mr. Leo Segall, of Chicago, Ill., for the Amalgamated. _
Mr. Ernest F. Jacobson, of Minneapolis, Minn., for the Teamsters.'
Mrs. Catherine W. Goldman, of counsel to,the Board.
DECISION
AND
DIRECTION, OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by North American Creameries, Inc.,
Minneapolis, Minnesota, herein called the Company, alleging that a
question affecting commerce had arisen concerning the representation
of employees ' of the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Stephen
Reynolds, Trial Examiner. Said hearing was held at Minneapolis,
Minnesota, on May 19, 1944. The Company, Amalgamated Meat Cut-
ters and Butcher Workmen of North America, Local Union No. 615,
A. F. of L., herein called the Amalgamated, and Warehouse Employees
Union, Local No. 359, International Brotherhood of Teamsters, Chauf-
feurs, Warehbilsemen and Helpers of America, A. F. of L., herein
called the Teamsters, appeared and participated. The Amalgamated
and the, Teamsters each moved to dismiss the petition because of an
existing contract with the Company. For reasons hereinafter stated,
the motions are hereby denied. All parties were afforded full oppor-
tunity to be heard, to examine and, cross-examine witnesses, and to
introduce evidence bearing on the issues. -The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby,
affirmed . All parties were afforded an opportunity to file briefs with
the Board.
57 N. L. R. B., No. 133.
795
796 -DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following;
FINDINGS OF FACT
1. THE BUSINESS OF THE_COIIPANY•
-North American Creameries, Inc:;, a Delaware -corporation, is en-
gaged • in the processing of poultry, butter, eggs, and cream, at six
principal plants in North Dakota, South Dakota, and Minnesota. It
operates an egg-drying plant in Minneapolis, Minnesota, herein called
the Minneapolis plant. The Minneapolis plant processes each month
approximately' 18,000 cases of eggs, of which 20 percent is shipped
to it from outside the State of Minnesota; -The entire production
of the Minneapolis plant is sold to Government ,agencies, principally
the War Food Administration, for use in the war effort. _
The Company admits that it is engaged ' in commerce within the
meaning of the National Labor Relations Act.
II. , THE OROANIZ'A`•TIONS"INVOIrVED
Amalgamated Meat Cutters and Butcher Workmen of North
America, Local Union No. 615, and Warehouse Employees Union,
Local No.' 359, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen ' and Helpers of America, both affiliated with the
American Federation of Labor, are labor organizations admitting
to membership employees of the Company.
III. THE , QUESTION CONCERNING REPRESENTATION
In 1943 the Company entered into a contract with the Teamsters,
recognizing that organization as the exclusive, bargaining representa-
tive of, the employees at all its, plants. The contract was to be
effective from July 1, 1943, to June 30, 1944, and was automatically
renewable from year to,year in the absence of'notice 30 days prior to
any anniversary date. Thereafter, in March 1944, the Company pur-
chased the Minneapolis plant. On April 4, 1944, the Company en-
tered into a contract with the Amalgamated,' recognizing that organ-
ization as the exclusive bargaining representative of the female,em•-
ployees at the, Minneapolis plant .2 The contract with the Amalgam-
ated was to be in effect until April 1, 1945, and from year to year,
thereafter, subject to reopening -upon written notice 30 days prior
to April 1 of any year. Upon learning of the Company's, contract
with the Amalgamated, the Teamsters objected, asserting that its
I The Amalgamated had also' had a contract with the prior owner of the Minneapolis
plant.
2 Article I of the contract provides : "This agreement,, shall relate 'solely- to the female
employees of the Egg Department."
NORTH AMERICAN CREAMERIES, INC. 797 •
contract , covering all the Company's plants, extended to the Minne-
apolis plant acquired after the execution of the contract 3 In view
of the conflicting claims of the Teamsters and the Amalgamated, the
.Company filed"the_.petition' in,this-proceeding.
..The Teamsters and Amalgamated each asserts its contract-as •a
bar to a present determination of representatives. The Amalgam-
ated's.claim of• representation, however-, was made prior- to the effec-
tive date of the automatic renewal clause of the Teamsters" contract.
Consequently, 'the Teamsters' contract cannot preclude an inves-
tigation concerning representation at this time.4 The Amalgam-
ated's contract is confined to the female employees of the Minne-
apolis plant. We are of the opinion that a unit limited to female
employees is inappropriate,5 and that the Amalgamated's contract
covering such a unit cannot, therefor, forestall an election.e Accord-
ingly, we find that neither the Teamsters' contract nor the Amal-
gamated's contract operates as a bar to this proceeding.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Amalgamated represents a substantial number
of employees in the unit hereinafter found appropriate .7
We find that it 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 ; THE DETERMINATION OF REPRESENTATIVES.
The Teamsters contends that an employer-wide unit, 'covering the
Company's six plants, is appropriate. The Amalgamated contends
that the unit established in its contract, covering the female employees
of the Minneapolis plant, is appropriate.
The Minneapolis plant -is engaged almost exclusively in the process-
ing of.eggs. It is .the Company's-only egg-drying plant, and is an
independent operation under the supervision of a general manager-
8 The Teamsters based its contention upon Article VI, Section 9, of its contract which
provides :
In case of the consolidation of the employer with any other company and the em -
ployer elects to employ all or pact of the employees of such other company then; and
in that event, the employees of such other company that the employer elects to
employ shall be placed at the bottom of the employer 's seniority list in order of
seniority amongst themselves . The higher of minimum wage , hour and working.
conditions of the consolidating companies shall remain in effect.
* See Matter of Mid West Body and Mfg. Division Electrographie Corporation; 56%
N L. R. B. 1537.
5 See Section IV, infra.
6 See Matter of Crescent Bed Company, Inc., 29 N. L. R. B, 34 ; Matter of Dolese E
Shepard Company, 56 N L. R B. 532
7 The Regional Director reported that the Amalgamated submitted 63 dues records ; that
the names of 48 persons appearing on the records were listed on the Company 's pay roll of
May 9, 1944 ; that there are 78 employees in the appropriate unit ; and, that the dues were-
dated as follows : 51 in April and May 1944, 7 in March 1944, and 5 in 'February 1944.
The Amalgamated and the Teamsters offer their contracts to establish their interest in the-
proceeding.
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company employs approximately 65 workers at the,Minneapolis
plant; and approximately 400 at its other 5 plants. There is no inter-
change of employees between the, Minneapolis plant and,the other
plants. In view 'of the independence of the Minneapolis ' plant 'and
its separate bargaining history, we are-of the opinion that, the em-
ployees' of ^ that plant may function 'as' a separate bargaining unit.
On the other hand, they may also properly become part of the exist-
ing employer-wide unit. Under these circumstances, we shall defer
our determination of the appropriate unit. Such determination will
depend, in part, upon the results of the election'wvhich we shall herein
direct. -
There remains for consideration the specific composition of the
unit. 'As indicated above, the Amalgamated would exclude the male
employees from the unit, while the Teamsters would include them.
The men at the Minneapolis plant are engaged. in performing the
heavier work in the candling and breaking rooms, in operating the
homogenizer and the gas heater which dries the eggs, and in boxing
the egg powder. We consider the 'men to be production employees,
and see no valid basis for their exclusion." We'shall include the -male
employees in the-unit.
The parties are agreed that clerical employees and supervisory em-
ployees should be excluded from the unit, and that floorladies should
be included. It appears,, however, that the two floorladies employed
by the Company in the candling room and the breaking room exer-
cise a considerable degree of supervision, having from 20 to 30 girls
under their direction. They are paid on a salary basis and receive a
higher rate of pay than the girls,.who are paid on an hourly basis.
The floorladies have the authority to effectively recommend discipline,
hire, and discharge, of the employees under them. We find that the
floorladies fall within our customary definition of supervisory em-
ployees, and, accordingly, we shall exclude them from the unit.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among all the
employees of the Compa`ny's Minneapolis plant, but excluding clerical
employees, the floorladies, 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, who were' employed during the pay-roll period immediately
preceding the date of the Direction of Election herein,9 subject to
the limitations and additions set forth in the Direction. If the em-
11 See Matter of California Walnut Growers Association, 18 N. L. R. B. 493, 514 ; Matter
of General Electric Co ., 43 N. L. R. B 453. - ) 1
U The Amalgamated requests that eligibility be determined by the pay roll prior to the
hearing. No persuasive reason appears , however, for departing from our usual practice in
this 'respect.
NORTH AMERICAN - CREAMERIES, INC. 799
ployees select the Teamsters as their bargaining representative, they
will have thereby indicated a desire to be included in an employer-
wide unit. However, if the employees select the Amalgamated as
their bargaining representative, they will thereby have indicated a
desire to constitute, a separate bargaining unit.
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 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 North American
Creameries, Inc., Minneapolis, Minnesota, 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,suger-
vision of the Region 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 Regula-
tions, among all employees of the Company's Minneapolis plant, but
excluding clerical employees, the floorladies, 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, 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 temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees 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 to be represented by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local Union No. 615, affiliated
with the American Federation of Labor, or by Warehouse Employees
Union, Local No. 359, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.