Seguin Milling Co.

National Labor Relations Board - Board DecisionsDec 29, 1945

65 N.L.R.B. 66 (N.L.R.B. 1945)

In the Matter Of SEGUIN MILLING COMPANY and AMERICAN FEDERATION OF GRAIN PROCESSORS, AFL Case No. 16-R-1455.Decided December 29, 1945 Mr. W. L . Newsom, of Fort Worth , Tex., for the Company. Mr. Roy O. Wellborn , of Oklahoma'City, Okla., for the Union. Mr. Jack Mantel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by American Federation of Grain Pro- cessors, AFL, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees, of Seguin Milling Company, Seguin, Texas, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before William J. Scott, Trial Ex- aminer. The hearing was held at Seguin, Texas, on August 24, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-ex- amine witnesses, and to introduce, evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS.OF THE COMPANY Seguin Milling Company, a Texas corporation, is engaged princi- pally in the manufacture and distribution of flour and feed. Its plant and offices are located about 4 miles southwest of the city of Seguin, Texas. Approximately 10 percent of the Company's products is shipped to points outside the State of Texas. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 65 N. L. R. B., No. 16. 66 SEGUIN MILLING COMPANY II. THE ORGANIZATION INVOLVED 67 American Federation of Grain Processors is a labor organization, affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' - We find that a 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 parties generally agree that all production and maintenance employees, excluding general office employees, the head miller, and supervisory employees constitute an appropriate unit. They are in dispute, however, with respect to the supervisory status of the night miller, day feed plant foreman, night feed plant foreman, warehouse foreman (shipping clerk), grinding plant foreman, and bag house supervisor, all of whom the Union would include in the unit and the Company would exclude therefrom. The Union contends that the disputed employees should be included in the unit because they are eligible to membership in the Union by virtue of their mode of pay, and the fact that they do production work. The record is clear, however, that the night miller, day feed plant foreman, night feed plant foreman, warehouse foreman (shipping clerk), grinding plant foreman, and bag house supervisor, perform supervisory duties and exercise authority which places them within our customary definition of supervisory employees. Accordingly, we shall exclude them from the appropriate unit. We find that all production and maintenance employees of the Com- pany, excluding general office employees, head miller, night miller, day feed plant foreman, night feed plant foreman, warehouse fore- man (shipping clerk), grinding plant foreman, bag house supervisor, and any other supervisory employees with authority to hire, promote, 1 The Board agent reported that the Union submitted 54 authorization cards , 51 of which contained signatures of employees appearing on the Company ' s pay roll for the period end- ing August 3, 1945, and that there were 71) employees in the unit alleged by the Union to be appropriate. 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 Rela- tions 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 Seguin Milling Company, Seguin, Texas, an election by secret ballot shall be con- ducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth 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 Regulations, among employ- ees in the unit found appropriate in Section IV, above, who were em- ployed 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 themselves in person at the polls, but excluding those who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented by American Fed- eration of Grain Processors, AFL, for the purposes of collective bargaining.