Falls City Creamery Co.Download PDFNational Labor Relations Board - Board DecisionsAug 28, 195195 N.L.R.B. 1425 (N.L.R.B. 1951) Copy Citation FALLS CITY CREAMERY COMPANY 1425 FALLS CITY CREAMERY COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN & HELPERS OF AMER- ICA, GENERAL DRIVERS & HELPERS LOCAL No. 554, AFL, PETITIONER. Case No. 17-RC=1046. August 08,1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William J. Scott, hearing officer. The hearing officer's rulings made at the hearing are free. from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case , the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. All poultry-processing and creamery employees, drivers, and engineers employed by the Employer at its farm service stations lo- ' cated at 16th and Chase Streets and 17th and Harlan Streets and in its main plant located at 6th and Stone Streets in Falls City, Nebraska, excluding office and clerical employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act 5. On various dates between April 19 and June 7,1951, the Employer discharged certain employees,2 allegedly for cause, and discharged or laid off other employees,3 allegedly for economic reasons. Another. employee voluntarily quit. The Petitioner contends. that.. all these employees should be per- mitted to vote, asserting that five of. these employees 4 were discrihii- natorily discharged, and are - the subject of charges filed with the Board.5 The Petitioner, however, fails to advance any reason for II The unit description appears as amended at the hearing, and is in accord with the 'agreement of the parties. 2 Robert Roy, William Schlicker , and John Schlicker. O Virginia Foster , Wilma Stump, Robert Simpson, and Katherine Stanley. 'John Schlicker , William Schlicker , Virginia Foster , Wilma Stump, and Katherine Stanley. 6 Falls City Creamery Company, Cases Nos . 17-CA-431, and 17-CA-448. The Peti- tioner has filed the usual waivers, stating that it would not base objections to the conduct of the election on any activities of the Employer alleged in the charges as violations,. of the Act. 95 NLRB No. 188. 1426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD permitting the three remaining employees in this group to vote in the election. The record shows that the Employer does not presently contemplate rehiring any of these employees: Accordingly, apart from the alleged discrimination, no basis exists for finding any of these eight employees eligible to vote. . As for the five employees who are alleged to have been discrimi- natorily discharged, in accordance with our usual practice, while the unfair labor practice charges involving these employees are pending, we shall direct the Regional Director to challenge and segregate the ballot of each of these five individuals. Their ballots will not be counted unless determinative of the results of the election. In the -latter event, the final disposition of this case will await the outcome of the unfair labor. practice proceedings, which are still under Inves- tigation.(' By allowing these persons to vote, we are not to be taken as having passed in any way on the legality or illegality of their discharge. The Employer employs some part-time "extras" in its farm service stations who are on call for work, subject to the convenience of the Employer, and have no regular work schedule. We find, in accordance with the agreement of the parties, that they do not possess a sufficient interest to entitle them to vote in the election herein directed.' In addition, the Employer employs some part-time employees in its main plant who are students working during summer vacations. They have no definite place of work, and their employment will probably. be terminated when the next school term begins. The parties took no position as to the inclusion of these employees. In view of the temporary nature of their part-time employment, we find that they do not possess a sufficient interest to entitle them to vote in the election herein directed.,, [Text of Direction of Election omitted from -publication in this volume.] ° John S. Barnes Corporation, 88 NLRB 871. 7 The Great Atlantic tG Pacific Tea Company, 85 NLRB 680. 8 General Electric Company, 80 NLRB 174. R. P. SCHERER CORPORATION, HYPOSPRAY DIVISION and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT 60. Case No. 7-RC-1338. August 28, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was"held before Emil C. Farkas, hear- 95 NLRB No. in. Copy with citationCopy as parenthetical citation