Fairmont Creamery Co.

National Labor Relations Board - Board Decisions

May 30, 1945

61 N.L.R.B. 1594 (N.L.R.B. 1945)

In the Matter of FAIRMONT CREAMERY COMPANY and AMALGAMATED
MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, LOCAL No.
142, A. F. of L.
Case No. 18-B-1279.-Decided May 30, 19.15
Mr. C. B. Evinger, of Omaha, Nebr., and Mr. Ben Iverson, of Web-
ster City, Iowa, for the Company.
Mr. Kenneth Somers, of Cedar Rapids, Iowa, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters & Butcher
Workmen of North America, Local No. 142, A. F. of L., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Fairmont Creamery
Company, Webster City, Iowa, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Stephen M. Reynolds, Trial Examiner. Said
hearing was held at Webster City, Iowa, on May 8,-1945. The Com-
pany 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 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
Fairmont Creamery Company is a Delaware corporation operating
a plant at Webster City, Iowa, where it is engaged in the processing
of eggs and poultry. The Company annually purchases products for
use at its Webster City plant valued in excess of $25,000, all of which
is shipped to it from points within the State of Iowa. In excess of
95 percent of the Company's products are shipped to points outside the
State of Iowa.
61 N. L . R. B., No. 246.
1594
FAIRMONT CREAMERY COMPANY 1595
The Company admits that it is engaged in commerce at its Webster
City plant within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters & Butcher Workmen of North America,
Local No. 142, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the employees at the Webster
City plant until such time as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
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
We find, in agreement with the parties, that all hourly paid produc-
tion and maintenance employees at the Webster City, Iowa, plant of
the Company, including truck drivers and working foremen 2 but
excluding hatchery employees, clerical employees, and all supervisory
employees with authority to hire, promote, discharge, discipline, 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.
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
the 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. -
I The Field Examiner reported that the Union presented 31 authorization cards. There
are approximately 51 employees in the appropriate unit.
' The record discloses that the working foremen are not supervisors within the meaning
of the Board 's definition of that term.
1596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
There is pending before the Board a proceeding 3 against the Com-
pany upon charges alleging unfair labor practices, including, among
other things, the alleged discriminatory discharge of 15 persons.'
The Union, however, desires an early election and has formally waived
the right to protest an election in this case on any ground set forth
in that proceeding. Accordingly, we shall not postpone the election
pending a determination of the unfair labor practice charges. In the
event that the Company is hereafter- found to have engaged in unfair
labor practices in discharging the persons named in the charges and
the Board orders their reinstatement, their continuing employee status
will have been established. We shall, therefore, in accordance with
our usual practice in this respect,5 permit the employees alleged to
have been discriminatorily discharged to cast their ballots in the
election. However, their ballots shall be segregated and we shall defer
ruling as to their validity.
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, 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 Fairmont Cream-
ery Company, Webster City, 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 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 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 or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
Amalgamated Meat Cutters & Butcher Workmen of North America,
Local No. 142, A. F. of L., for the purposes of collective bargaining.
s Matter of Fairmont Creamery Company, Case No. 18-C-1085.
Robert Downs , J. W. White, Grace Whittaker , Dorothy Espe , Clyde Weedman, Leo
Keller, Phyliss Kepler , Evelyn L. Keller , Harold Kepler , Evelyn M. Keller , Faye Goodrich,
Kathleen Urich , Billy Holtkamp, Vern Over, and Eva Stone.
5 Matter of Fred A . Snow Company, 40 N. L . R. B. 400.