Rickert Rice Mills, Inc.

National Labor Relations Board - Board Decisions

Sep 25, 1940

27 N.L.R.B. 466 (N.L.R.B. 1940)

In the Matter Of RICBERT RICE MILLS, INC. and INTERNATIONAL LONG-
SHOREMEN 'S AND WAREHOUSEMEN'S ^ UNION, DISTRICT 2, LOCAL 7,
AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R,9034.-Decided September 25,-1940
Jurisdiction : rice processing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining :, all regular employees, including
watchmen, the plant engineer, and the plant electrician-carpenter; :-but ex-
cluding supervisory workers, foremen having authority to hire and fire,
clerical employees, the clean-rice foreman, the rough-rice foreman, and the
assistant miller.
St. Clair Adams and Son, by Mr. P. A. Bienivenu, of New Orleans,
La., for the Company.
Mr. Caleb D. Green, of New Orleans, La., for the Union.
Mr. Robert F. Koretz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 10, 1940, International Longshoremen's and Warehouse-
men's Union, District 2, Local 7, affiliated with Congress of Indus-
trial Organizations, herein called the Union, filed a petition with the
Regional, Director for the Fifteenth Region (New Orleans,, Louisi.
ana) alleging that a question affecting commerce had arisen concern•
ing the representation of employees of Rickert Rice Mills, Inc., New
Orleans, Louisiana, 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 August 20, 1940, 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 in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
27 N. L. R. B, No. 98.
466
RICKERT RICE, MILLSI, INC. 467
August 23, 1940, the Regional Director issued a notice of hearing,
copies of which, together with copies of the petition, were duly served
upon the Company and upon the Union. Pursuant to notice, and
to a notice of postponement duly issued and served upon the parties,
a hearing was held on September 6, 1940, at New Orleans, Louisiana,
before C. Paul-Barker, the Trial - Examiner duly designated-by the
Board. The Company and the Union appeared and were represented
by counsel or by a representative. All parties participated in the
hearing 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 Trial Examiner ruled
on an objection to the admission of evidence. The Board has re-
viewed the ruling of the Trial Examiner and finds that no prejudicial
error was committed.' The ruling is hereby affirmed.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Rickert Rice Mills, Inc., a Louisiana corporation, is engaged in the
business of buying, selling, and processing rice, nearly all of which
it purchases in Louisiana, Arkansas, and Texas. Between-40 and 45
-per cent of the raw material processed by the Company, which ex-
ceeds $100,000 in value per `annum, is purchased outside the State
of Louisiana. More than 50 per cent of the Company's products,
having a' value of over $100,000 per annum, are sold •and• shipped in
interstate and foreign commerce to customers outside, the State of
Louisiana.
H. THE ORGANIZATION INVOLVED
International Longshoremen's and Warehousemen's Unions District
2, Local 7, is a labor organization affiliated with Congress of Indus-
trial Organizations. It admits to membership employees of the
Company, excluding supervisory and clerical employees.
III. THE QUESTION CONCERNING REPRESENTATION
On or before July 1940 the Company was apprised that the Union
claimed that it was designated by a majority of the Company's em-
ployees within an appropriate unit as their representative for 'the
purposes of collective bargaining, and was entitled to recognition as
the exclusive bargaining agency for all such employees. The Com-
pany refused and refuses to recognize the Union as the statutory rep-
resentative of the said employees until the question of majority
designation is determined.
468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the hearing there was introduced in evidence a report prepared
by the Regional Director showing that a substantial number of the
employees in the unit hereinafter found to be appropriate have des-
ignated the Union as their representative for the purposes of collective
bargaining.
We find that a question has arisen concerning 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
between the States and foreign countries, and tends' to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE APPROPRIATE UNIT
In its petition and at the hearing'the Union claimed that all regu-
lar employees of the Company, exclusive of supervisory workers, fore-
men having' authority to hire and fire, and clerical employees
constitute a unit appropriate for the purposes of collective bargain-
ing. The Company took no position with respect to the appropriate
unit.
' At the hearing the Union further defined the scope of the unit
alleged to 'be appropriate by expressing its desires concerning the
inclusion therein or exclusion therefrom of certain specified em-
ployees. The- Union- would include within the bargaining unit
watchmen, the plant engineer, and the plant electrician-carpenter, all
of 'whom are eligible to' membership in the Union. , It would exclude
as supervisory employees,_ among others, the clean-rice foreman, the
rough-rice foreman, and the assistant miller. The.record shows that
these employees perform supervisory functions. The Union would
exclude as a clerical employee, among others, ,William Woods, who
checks lots of rice as they come from the mixing plant to the ware-
house, checks the loading of cars for shipment, and performs other
similar duties in the Company's warehouse. Woods does not per-
form manual labor. Upon the foregoing we shall adopt the unit
sought by the Union, the only labor organization here concerned.
1 The Regional Director reported that the Union submitted to him 107 membership appli-
cation cards, bearing 101 apparently genuine signatures, of which 55 appeared to be the,
signatures of persons whose names are on the Company's pay roll of May 10, 1940, con-
taining 113 names, and of which 45 appeared to be the signatures of persons whose names
are on the Company's pay roll of August 30, 1940, containing 84 names.
,RICKER'T RICE -MILLSI, INC., 469
• We find that all regular employees of the, Company, including
watchmen, the plant engineer, and the plant electrician-carpenter,
but excluding supervisory workers, foremen having authority to hire
and fire, clerical employees, the clean-rice foreman, the rough-rice
foreman, the assistant miller, and William Woods, constitute a unit
appropriate for the purposes of collective bargaining, 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 an election by secret ballot. Pursuant
to our usual practice we will select the pay-roll period immediately
preceding the date of the Direction of Election for the purpose of
determining eligibility to vote. We shall direct that those eligible to
vote in the election shall be employees within the appropriate unit
who were employed during the pay-roll period immediately preced-
ing the date of the Direction of Election, including employees who
did not work during such pay-roll period because they were ill, on
vacation, or temporarily laid off, but excluding employees who have
since quit or been discharged for cause.
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 Rickert Rice Mills, Inc., New Orleans,
Louisiana, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All regular employees of the Company, including watchmen,
the plant engineer, and the plant electrician-carpenter, but exclud-
ing supervisory workers, foremen having authority to hire and
fire, clerical employees, the clean-rice foreman, the rough-rice fore-
man, the assistant miller, and William Woods, constitute a unit ap-
propriate 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
470 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD
National Labor Relations Board -Rules and Regulations-Series 2,
as amended, it is hereby -
DIRECTED that, as part of the investigation, authorized.by'the Board
to ascertain representatives for the purposes of collective bargaining
with Rickert Rice Mills, Inc., New Orleans, Louisiana, 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 of Election, under
the direction and supervision of the Regional Director- for the
Fifteenth 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 regular employees of the Company
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including watchmen, the plant engineer,
and the plant electrician-carpenter, and also including employees
who did not work during said pay-roll period because they were ill,
on vacation, or temporarily laid off, but excluding supervisory work-
ers, foremen having authority to hire and fire, clerical employees, the
clean-rice foreman, the rough-rice foreman, the assistant miller,
,lVilliam Woods, and employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by International Longshoremen's and Warehousemen's Union, Dis-
trict 2, Local 7, affiliated with Congress of Industrial Organizations,
for the purposes of collective bargaining. .
[SAME TITLE]
. CERTIFICATION OF REPRESENTATIVES
`October 24, 1940
On September 25, 1940, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled proceed-
ings. Pursuant to the Direction of Election, an election by secret
ballot was conducted on October 3, 1940, at New Orleans, Louisiana,
under the direction and supervision of the Regional Director for the
Fifteenth Region (New Orleans, Louisiana). On October 4, 1940,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly- served upon the parties an Election
Report. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
RICKE^R'T RICE MILLSI, INC. 471
3
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------- 115
Total ballots cast------------------------------------------- 88
Total-ballots challenged-------------------------------------
Total blank ballots-----------------------------------------
Total void ballots------------------------------------------- 0
Total valid votes cast----------------------------------------
88,
Votes cast for International Longshoremen's and Warehouse-
men's Union, District 2, Local 7, affiliated with' C. I O. 85
'Votes cast against International Longshoremen' s and Ware-
housemen's Union, District 2, Local 7, affiliated with C. I. O__ 3
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National' Labor Relations Board Rules and Regulations-Series
2, as amended,
IT Is HEREBY 'CERTIFIED that International Longshoremen's and
.Warehousemen's Union, District 2, Local 7, affiliated with Congress
of Industrial Organizations, has been designated and selected by a
majority of all regular employees of Rickert Rice Mills, Inc., New
Orleans, Louisiana, including watchmen, the plant engineer, and the
plant electrician-carpenter, but excluding supervisory workers, fore-
men having authority to hire and fire, clerical employees, the clean-
rice foreman, the rough-rice foreman, the assistant miller, and
William Woods, as their representative for the purposes of collec-
tive bargaining, and that pursuant to the provisions of Section 9 (a)
of the National Labor Relations Act, International Longshoremen's
and Warehousemen's Union, District 2, Local 7, affiliated with Con-
gress 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 employment.
27. N. L. R. B., No 98a.