Fairmont Creamery Co.

National Labor Relations Board - Board Decisions

May 19, 1945

61 N.L.R.B. 1311 (N.L.R.B. 1945)

In the Matter of FAIRMONT CREAMERY COMPANY and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELP-
ERS OF AMERICA, LOCAL UNION 749, AND AMALGAMATED MEAT CUT-
TERS & BUTCHER WORKMEN OF NORTH AMERICA, LOCAL UNION 52,
A. F. OF L.
Case No. 18-R-1240.-Decided May 19, 1945
Mr. C. B. Evinger, of Omaha, Nebr., and Mr. Glenn 0lander, of
Canton, S. D., for the Company.
Mr. Max Crowell, of Sioux Falls, S D., for the Amalgamated.
Mr. K. E. McCreery, of Sioux Falls, S. D., for the Teamsters.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed jointly by International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers of Amel ica, Local
Union 749, A. F. of L., and Amalgamated Meat Cutters ,% Butcher
Workmen of North America, Local Union 52, A. F. of L., hereinafter
collectively referred to as the Unions and singularly as the Teamsters
and the Amalgamated, alleging that a question affecting commerce
had arisen concerning the representation of employees of Fairmont
Creamery Company,' Canton, South Dakota, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Stephen M. Reynolds, Trial
Examiner. Said hearing was held at Canton, South Dakota, on
April 19, 1945. The Company and the Unions appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an opportunity to file briefs with the Board.
' At the hearing, the words "Sioux Valley Produce Division" were deleted from the
Company's name at its request.
61N.L R.B,No 211.
1311
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Fairmont Creamery Company, a Delaware corporation oper-
ating a branch plant at Canton, South Dakota, is engaged in the
buying and processing of poultry and eggs. The annual volume of
the purchases and sales exceeds $25,000, of which approximately 95
percent moves in interstate commerce to and from points outside the
State of South Dakota.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, Local Union 749, and Amalgamated Meat
Cutters & Butcher Workmen of North America, Local Union 52, both
affiliated with the American Federation of Labor, are labor organiza-
tions admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 24, 1945, the Teamsters and the Amalgamated jointly
requested recognition from the Company as the exclusive bargaining
representative of certain of the Company's employees. The Com-
pany declined to give such recognition until the Unions are certified by
the Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Unions represent a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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 substantial accord with a stipulation of the parties, that
all employees in the plant, excluding clerical employees and all super-
visory employees with authority to hire, promote, discharge, discipline,
2 The Field Examiner reported that of 39 employees in the unit petitioned for the
Unions submitted 27 authorization cards, 26 of which checked with the names of persons
on the Company 's pay roll Fifteeen of them were dated December 1944 ; 11 were dated
February 1945 A supplementary report of the Field Examiner pointed , out that of the
27 authorization cards, 20 were authorizations to the Teamsters while 7 were authoriza-
tions to the joint Unions.
FAIRMONT CREAMERY COMPANY 1313
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 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.
The Company has expressed its doubt as to the appropriateness of
permitting a joint "two-labor-organization" to represent a single unit.
We find no merit in the Company's objection. The Board customarily
has permitted two unions to act jointly as a single bargaining repre-
sentative.3 The expressed concern of the Company that discord and
disharmony may arise between the two unions, requiring it to bargain
with each separately, is unwarranted, since we assume that the Unions
do not contemplate that the Company be required to bargain on the
basis of any unit other than the one which may be certified as a result
of this proceeding. If the Unions win the election hereinafter di-
rected and are certified as the exclusive bargaining representative of
a single unit of production and maintenance employees, the Company
will have the right to insist on dealing directly with the Unions on the
basis of that single unit 4
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 Fairmont Cream-
ery Company, Canton, South Dakota, 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,
8 See Matter of Anniston Warehouse Corporation , 54 N. L. R B 1483; Brown Paper
Mill Company , Inc, 58 N L R. B 283
4 Matter of Platzer Boat Works, 59 N L. R B. 292.
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion 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 those employees who have since quit or been dis-
charged 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 jointly by International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America, Local Union 749,
and Amalgamated Meat Cutters & Butcher Workmen of North Amer-
ica, Local Union 52, A. F. of L., for the purposes of collective
bargaining.
MR. JOHN M. HousToN took no part in the consideration of the above
Decision and Direction of Election.