Quaker Oats Co.

National Labor Relations Board - Board Decisions

Jul 10, 1940

25 N.L.R.B. 275 (N.L.R.B. 1940)

In the Matter Of QUAKER OATS COMPANY and UNITED CEREAL WORKERS,
LOCAL No. 633, (CIO)
Case No. R-1801
AMENDMENT TO DECISION AND
DIRECTION OF ELECTION
AND
ORDER OVERRULING MOTION FOR
RECONSIDERATION AND REHEARING
July 10, 1940
On June 11, 1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above,
entitled proceeding.' The Direction of Election provides, that. an
election by secret ballot shall be conducted in not less than thirty (30)
nor more than sixty (60), days from the date of said Direction among
certain employees of Quaker Oats Company, Akron, Ohio, herein
called the Company, to determine whether or not they desire to be
represented for purposes of collective bargaining by United Cereal
Workers, Local 633, herein called the Union, a labor organization
affiliated with Congress of Industrial Organizations.
On June 29 the Company lodged with the Board its Exceptions and
Motion for Reconsideration and Rehearing, wherein it excepts to the
finding made in said Decision and Direction of Election that the
maintenance or mechanical employees, powerhouse employees, and
plant-service employees of the Company, herein called the non-
production workers, are without the unit of employees appropriate for
collective bargaining; and requests that the Board reconsider this
finding, as well as the order based thereon excluding non-production
workers from the election directed, and grant a rehearing upon this
issue. We hereby order said document filed instanter as part of the
record herein.
The Company in connection with said exceptions represents, among
other things, that the non-production workers were solicited by the
Union in 1939 either to become members of that organization or to
124 N L. R B. 589
25 N L. R. B ; No. 34
275
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
designate it as collective bargaining representative; and concludes
therefrom that the afore-mentioned finding in so far as it rests upon
the further findings in said Decision set forth, that the Union had not
undertaken organization among the non-production workers, that the
Union "did" not admit them to membership and "does" not desire to
represent them for collective bargaining purposes, was in error and
cannot be sustained. Irrespective of whether the Union in 1939 de-
sired these employees as members or to represent them, we have found,
as set forth in the Decision, that it does not now admit them to mem-
bership or desire to represent them. No satisfactory showing is made
by the Company justifying a rehearing upon or a reopening of the
record in this respect. With regard to the representation that in
1939 the Union did undertake organization among the non-production
workers, we think that fact, if true, is without relevance in the absence
of any further showing that such undertaking was successful. In the
Decision we found that these "employees themselves have evinced no
desire to be represented by the Union," and the Company in its excep-
tions makes no contention to the contrary. To avoid any uncertainty
concerning this matter, however, we shall amend the Decision and
Direction of Election in manner hereinafter set forth.
The Company in its exceptions adverts to a certain petition executed
by certain of the non-production workers and other employees.2 We
think that matter likewise immaterial.
IT IS HEREBY ORDERED that the Decision and Direction of Election
issued herein be, and the same hereby is, amended by striking from the
second sentence of the third paragraph of Section V thereof that por-
tion in words, as follows :
Organization by the Union, the only labor organization involved,
leas not been undertaken among them... .
and substituting therefor the following :
Successful organization by the Union, the only labor organization
involved, has not occurred among them. . . .
AND IT IS FURTHER ORDERED that the exceptions of the Company in
said Exceptions and Motion for Reconsideration and Rehearing, be,
and the same hereby are, overruled and its requests therein made, be,
and the same hereby are, denied.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Amendment to Decision and Direction of Election and Order
Overruling Motion for Reconsideration and Rehearing.
2 Nothing herein is to be taken as determinative of the legality under the Act of the action
of the Company in connection with said petition of other matters set forth in its exceptions
QUAKER OATS COMPANY 277
[SAME. TITLE
AMENDMENT TO DIRECTION OF ELECTION
July 31, 1940
A Decision and Direction of Election having issued in the above-
entitled proceeding,' and the parties herein having thereafter stipu-
lated and agreed, in substance, that the time within which the election
there directed may be conducted, be extended ten (10) _days; now,
therefore, in consideration of the foregoing,
IT IS ORDERED that said stipulation and agreement be, and it hereby is,
made part of the record herein, and
IT IS FURTHER ORDERED that the Direction of Election herein be, and
same hereby is amended, by striking therefrom the words "nor more
than sixty (60) days" and substituting therefor the words "nor more
than seventy (70) days."
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Amendment to Direction of Election.
124 N: L. R. B 589.
25 N. L. R B, No. 34a
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