71 N.L.R.B. 632 (N.L.R.B. 1946)

Fairmont Creamery Co.

National Labor Relations Board - Board DecisionsNov 8, 1946

71 N.L.R.B. 632 (N.L.R.B. 1946)

In the Matter of FAIRMONT CREAMERY COMPANY, EMPLOYER and DAIRY AND CREAMERY EMPLOYEES UNION, LOCAL No. 507, I. B. T. C. W. & H. (AFL), PETITIONER Case No. 13-R-3818.-Decided November 8, 1946 Mr. C. B. Evinger, of Omaha, Nebr., and Mr. A. C. Allison, of Green Bay, Wis., for the Employer. Mr. Martin J. Young, of Green Bay, Wis., for the Petitioner. Mr. Jack Mantel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Green Bay, Wisconsin, on October 9, 1946, before Gustav B. Erickson, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER The Employer, Fairmont Creamery Company, is a Wisconsin corporation having its principal place of business in Green Bay, Wisconsin, where it is engaged in the processing of milk products. It is wholly owned by Fairmont Creamery Company, a Delaware corporation, which owns other companies in several other States. From its Green Bay headquarters the Employer operates branches in Appleton, Stevens Point, and Marinette, Wisconsin, and Esca- naba, Michigan. For the year ending October 9, 1946, the Em- ployer purchased raw materials, consisting chiefly of milk and sugar, valued in excess of $100,000, approximately 90 percent of which came from the State of Wisconsin. During the same period, its sales were in excess of $100,000, approximately 90 percent of which was made in the State. 71 N. L. R. B., No. 95. 632 FAIRMONT CREAMERY COMPANY 633 The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accordance with the agreement of the parties, that all hourly paid production employees of the Employer's Green Bay, Wisconsin, plant, including all employees who drive trucks in the course of their employment at the plant, but excluding milk driver- salesmen, nondriver salesmen, retail store employees, power and mechanical help, refrigeration servicemen, farm inspectors, office and clerical help, and salaried department heads, and all other super- visory employees with authority to hire, promote,, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Fairmont Creamery Com- pany, Green Bay, Wisconsin, an election by secret ballot shall be con- ducted 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sec- tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found appro- priate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including 634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Dairy and Creamery Employees Union, Local No. 507, I. B. T. C. W. & H. (AFL), for the purposes of collective bargaining.