American Flours, Inc.

National Labor Relations Board - Board Decisions

Dec 1, 1942

45 N.L.R.B. 953 (N.L.R.B. 1942)

"In the Matter of AMERICAN FLOURS, INC. and LOCAL INDUSTRIAL UNION
No. 1153, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS
Case No. R-4)p50.Decided December 1, 1942
Jurisdiction : flour milling industry.
Investigation . and Certification of Representatives : existence of question:-Com-
pany refused to accord petitioner recognition, claiming that it had accorded
exclusive recognition to a rival organization and suggesting matter be referred
to the Board. ,
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company, excluding office employees, second millers, and
supervisory personnel having the right to hire and discharge.
Mr. Paul Ross, and Mr. M. D. Straney of Newton, Kans., for the.
Company.
Mr. C. N. Stoven, of Kansas City, Mo., for the C. I. O.
Mr. H. A. Schneider, of Oklahoma City, Okla., Mr. Robert F. Kroh,
of Kansas City, Mo., and Mr. H. D. Palmer, of Wichita, Kans., for
the A. F. of L.
Mr. Leo J. Halloran, of-counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local Industrial Union, No. 1153, affili-
ated, with-,the Congress-of Industrial Organizations, herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of American Flours, Inc.,
Newton, Kansas , herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Eugene R. Melson, Trial Examiner. Said hearing was held at
Newton, Kansas, on, October 28, 1942. The Company, the C. I. 0.,
and Flour, Feed, Cereal and Grain Elevator Workers Union No.
20991, American Federation of Grain Processors, affiliated with the
American Federation of Labor, herein called the A. F. of L., appeared,
45 N. L . R. B., No. 139.
953
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses and to introduce evidence bearing on
the issues. The A. F. of L. moved orally that the petition be dismissed.
The Trial Examiner made no ruling but referred the motion to the
Board. For reasons hereinafter stated the motion is denied. The
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TILE BUSINESS OF TIIE COMPANY
American Flours, Inc., a Kansas corporation , with its office and
place of business at Newton , Kansas, is engaged in the manufacture,
sale , and distribution of flour and feeds. The Company imports
approximately 5 percent of its raw materials used from points outside
the State of Kansas . The value of the products manufactured during
the year 1941 Was in - excess of $1,500,000, of which approgimately '75
percent was shipped to points outside the State of Kansas.
II. THE ORGANIZATIONS INVOLVED
Local Industrial Union , No. 1153, affiliated with the Congress of
Industrial Organizations , is a labor organization admitting to member-
ship employees of the Company .
Flour, Feed, Cereal and Grain Elevator Workers Union No. 20991,
American Federation of Grain Processors , affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 12,1942, the C. I. O. requested the Company to recog-
nize it as the exclusive bargaining representative of the Company's
employees at its Newton, Kansas, mill. The Company, on September
15, 1942, notified the C. I. O. that it had recognized the A. F. of L. in
January .1942, as the exclusive bargaining agent, and suggested that
the matter be referred to the Board.
The A. F. of L. moved that the petition of the C. I. O. be dismissed
on the ground that the A. F. of L. was recognized by the Company
in January 1942, as the exclusive bargaining representative of the
employees here involved. It appears that the Company and the A. F.
of L. entered into negotiations for a contract in the spring of 1942;
however no agreement has been reached and there is now no contract
inexistence between the A. F. of L. , and the Company. Under the
ANIE'RICAN FLOURS, INC. 955
circumstances, we find no merit in the contention of the 'A. F. of L.
that a question concerning representation does not exist. -
A statement of a Field Examiner, introduced in evidence at the
hearing, indicates that the C. I. 0. and the A. F. of L. each represents
a substantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representa_ tion of employees of the Company, within the meaning
.of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
1V. THE APPROPRIATE UNIT
The parties are agreed that the appropriate unit should consist of
all production and maintenance employees of the Newton, Kansas,
plant of the Company, excluding office employees and supervisory
personnel having the right to hire and fire.
The only dispute relates to the second millers. The Company con-
tends that they should be excluded from the unit, whereas the C. I. 0.
and the A. F. of L. urge that they be included. The evidence indicates
that the Company has a head miller, who is a salaried employee, and
whose position is comparable to that of a plant superintendent in larger
mills. The head miller has five second millers under him. A second
miller is in direct charge of each of the three 8-hour shifts, and usually
has under his supervision one sweeper and one oiler, although at times
the number may increase to four or five. As there are five second
millers for three shifts, the employment of these men is staggered.
When a second miller is not in charge of a shift he spends his time in
repair and maintenance work. When he is in charge of a shift, he
devotes virtually all his time to purely supervisory duties. The second
millers receive 621/2 cents per hour plus a 10-percent, bonus, and aver-
age $35 to $36 per week. The oilers and sweepers receive from 40
cents to 461/z,cents per hour plus a 10-percent bonus. The second miller
gives instructions to the sweepers and oilers, and supervises their work.
He has the authority to hire and discharge the men under him, although
in the matter of employment his authority for the most part consists
of recommending that persons be employed, rather than actually hiring
them himself. We find. that the second millers are , supervisory em-
ployees and should be excluded from the unit.2
'The Field Examiner reported that the C. I. O. had submitted 50 membership cards,
42 of which bore apparently genuine original signatures and are the names of persons
appearing on the Company's pay roll of October 1, 1942. The A. F. of L. submitted 74
cards, 31 of which bore names on the same pay roll There are approximately 90 em-
ployees in the appropriate unit.
, See Matter of Rickert Rice Mills , Inc. and International Longshoremen's and Ware-
housdmen's Union , District 2, Local 7, affiliated with Congress of Industrial Organi-ations,
27 N L. R B. 466, and Matter of Globe Mills, Inc. and United Mill Workers Industrial
Union No. 1168, C. I. 0., 41 N. L. R. B. 94.
956
i
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the Com-
pany, excluding office employees, second millers, and supervisory per-
sonnel having the power to hire and discharge, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with American Flours,
Inc., Newton, Kansas, an election by secret ballot shall be conducted as
early as possible, but hot later than thirty (30) days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Seventeenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed' during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such pay-roll period
because they were ill or on vacation or in the active military service or
training of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Local Industrial
Union No. 1153, affiliated with the Congress of Industrial Organiza-
tions, or by Flour, Feed, Cereal and Grain Elevator Workers Union
No. 20991, American Federation of Grain Processors, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.