Dairy Industries, Inc.

National Labor Relations Board - Board Decisions

Aug 10, 1945

63 N.L.R.B. 270 (N.L.R.B. 1945)

In the Matter of DAIRY INDUSTRIES , INC. and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS , DISTRICT #118, A. F. L.
Case No. 18-R-1285.-Decided August 10, 1945
Mr. Walter L. Stewart , of Des Moines , Iowa, for the Company.
Mr. James Ashe, of St. Paul , Minn ., and Mr . Earl P. Hogan, of Des.
Moines, Iowa, for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Association
of Machinists , District # 118, A. F. L., herein called the Union , alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Dairy Industries, Inc., Des Moines,
Iowa, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Stanley
D. Kane, Trial Examiner . Said hearing was held at Des Moines, Iowa,
on June 9,1945. The Company and the Union appeared , participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
The Trial Examiner 's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed. All parties were afforded an
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
Dairy Industries, Inc., an Iowa corporation, operates a plant at
Des Moines, Iowa, in which it manufactures refrigerator lockers. The
Company purchases annually raw materials valued in excess of
$100,000, of which more than 90 percent is shipped to said plant from
points outside the State of Iowa. The Company produces annually
63 N. L . R. B., No. 40.
270
DAIRY INDUSTRIES, INC. 271
finished products valued in excess of $200,000, of which 50 percent is
shipped to points outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District #118, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union herein as the exclusive
representative of certain of its employees in the absence of certifica-
tion by the Board.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.'
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
We find, substantially in accord with the request of the Union
which was unopposed by the Company, that all production and main-
tenance employees of the Company at its main plant and its east side
warehouse, including outside maintenance mechanics, leadmen and
group leaders, but excluding management personnel, engineering em-
ployees, office and clerical employees, part-time janitors and watch-
men, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend, such action,2 constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing 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 employees
in the appropriate unit who were employed during the pay-roll period
' The Field Examiner reported that the Union submitted 31 designations Lind that there
were approximately 51 employees in the unit hereinafter found appropriate.
2 The parties agree, and we find, that the president and officer's of the Company , the works
manager, the engineer , the superintendent , foremen, and the person in charge of the order
desk and shipping room fall within the above supervisory definition
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dairy Industries,
Inc., Des Moines, Iowa, 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 supervision of the Regional
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 Regulations, among the em-
ployees 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 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
any who have since quit on 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 International
Association of Machinists, District #118, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
' The request of the Union that it be designated on the ballot otherwise than as herein
set forth is hereby referred to the Regional Director to whom the Board has delegated
discretionary authority in matters relating to the conduct of the election.