Davis-Noland-Merrill Grain Co.

National Labor Relations Board - Board Decisions

Jul 13, 1942

42 N.L.R.B. 406 (N.L.R.B. 1942)

In the Matter of DAVIS-NOLAND-MERRILL GRAIN Co (SANTA FE ELE-
VATOR "A") KANSAS CITY, KANSAS and LOCAL INDUSTRIAL UNION
No 1192, AFFILIATED WITH TILE CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS
Case No. R-J978 -Decided July 13,1942
Jurisdiction : grain-whosale purchasing, storage, and'selling industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition, election necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at Company's Santa Fe EleN atoi "A , exclnsn e of supervisory and
office personnel, stipulation as to
Mr George H. Darvzs, of Kansas City, Mo, for the Company
Mr Howard L Rizer, of Kansas City, Mo, for the A F of L
Mr H C Fremming and Mr. C N Stover, of Kansas City, Mo, for
the C. I O.
Mr Mozart G. Ratner, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the Congress of Industrial Organiza-
tions,' herein called the C I O , alleging that a question affecting
commerce had arisen concerning the representation of employees of
Davis-Noland-Merrill Grain Co, Santa Fe Elevator "A", Kansas City,
Kansas, herein called the Company, the National Labor Relations
Board provided for an appropriate heating upon due notice before
Clarence D Musser, Trial Examiner. Said hearing was held at Kan-
sas City, Missouri, on June 23, 1942 The Company, the C I O , and
Flour, Cereal, Feed Mill & Grain Elevator- Workers,-Federal Labor
Union No 18852, A. F of L , herein called the A F. of L, appeared
and participated, and were afforded full opportunity to be heard and
to introduce evidence bearing on the issues. No witnesses were pre-
sented by any of the parties. The Trial Examiner's Iulmgs made at
the hearing are fiee from prejudicial error and are hereby affirmed
Upon the entire record in the case, the Board makes the following
1 At the hearing the petition was amended to Include the designation of the local as
set forth In the caption above
42 N L R B, No 86
406
DAVIS-NOLAND-MERRILL GRAIN CO
FINDINGS OF FACT
I THE BUSINESS OF TIIE COMPANY
407
Davis-Noland-Merrill Gram Co is a Missouri corporation maintain-
ing its principal place of-business and general office at Kansas City,
Missouri The Company is licensed to do business in Kansas and
maintains at Kansas City, Kansas, the Santa Fe Elevator "A", the
plant herein involved The Company is engaged in wholesale purchas-
ing, storage and sale of grain. More than 60 percent of the Company's
grain is distributed in States other than Missouri and Kansas, and the
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
Flour, Cereal, Feed Mill & Grain Elevator Workeis, Federal Labor
Union No 18852, is a labor organization affiliated with the American
Federation of Labor. Local Industrial Union No 1192 is a labor
organization affiliated with the Congress of Industrial Organizations
Each Union admits to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION'
On July 17, 1941, the Company entered into an exclusive bargaining
contract with the A F of L as representative of all the production
and maintenance employees in the Company's Kansas City, Kansas,
elevator, exclusive of supervisoiy and office personnel The contract
recites that it shall continue from year to year unles sooner terminated
by at least thirty (30) days' written notice prior to the date of
expiration in any current year.
On March 19, 1942, the C I 0 notified the Company that it rep-
resented a majority of the employees at Elevator "A" and requested
recognition as exclusive bargaining representative On March 25,
1942, the Company unformed the C I 0 that the Company had a
contract with the A F. of L which.was in full force and effect, and
therefore declined to grant recognition to the C I 0 -
A statement of a Field Examiner, introduced in evidence at the
hearing, indicates that both unions represent a substantial number
of employees in the unit hereinafter found appropriate 2
' The Field Examiner reported that there were 30 names appearing on the Company's pay
roll dated May 7, 1942, which were to be included within the appropriate unit The C I 0
submitted 21 authorization cards, of which 19 were dated March 18, and 2 were undated
The Field Examiner found that of the 21- cards 20 bore apparently genuine, original
signatures of persons appearing on the Company 's pay roll At the hearing the C I 0
submitted 4 additional authorization cards which the Field Examiner found to bear ap-
parently genuine , original signatures of persons appearing on the Company 's pay roll The
Field Examiner further found that the membership records and ledgers of the A F of L
contained the names of 30 of the Company's employees in the appropriate unit.
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find, that a question affecting, commerce has arisen conceinung
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act
IV THE APPROPRIATE UNIT
The par ties stipulated, and we find, that the appropriate unit for
the purposes of collective bargai ning consists of all production and
maintenance employees employed by the Company in and about its
Kansas City , Kansas elevator known as Santa Fe Elevator "A",
exclusive of supervisory and office personnel.
V THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
employees in the appropi sate unit who were employed during the
pay roll period immediately pieceding the date of our Direction of
Election, 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 Rela-
tions Act , 49 Stat. 449 , and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRrOTED that, as part of the investigation to asceitain representa-
tives for the puiposes of collective bargaining with Davis-Noland-
Merrill Grain Co , Kansas City, Kansas, 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 Seventeenth 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 employees of the Company 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 temporaiily laid off, but excluding those employees
who have since quit or been discharged for cause , to determine whether
they desire to be represented by Flour, Cereal , Feed Mill & Grain
Elevator Workers , Federal Labor Union No 18852, affiliated with
the American Federation of Labor, or by Local Industrial Union No.
1192, affiliated with the Congress of Industrial Organizations , for the
purposes of collective bargaining , or by neither