General Foods Corp.

National Labor Relations Board - Board Decisions

Jan 13, 1944

54 N.L.R.B. 596 (N.L.R.B. 1944)

In the Matter of GENERAL FOODS CORPORATION, CORN MILL DIVISION
and. INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL 296,
A. F. OF L.
Case No. 13-R-2007.--Decided January 13, 1944
Mr. Mark C. Candee, of New York City, for the Company.
Mr. Howard A. Plank, of Chicago, Ill., and Mr. Emmett T. Dooley,
of Kankakee, Ill., for the Firemen.
Mr. G. D. Veiny, of Keokuk, Ill., for the Grain Processors.
Mr. Earl D. Winn, of Bradley, Ill., for Local 22123.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Firemen
& Oilers, Local 296, A. F. of L., herein called the Firemen, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of General Foods Corporation, Corn Mill Division,
Kankakee, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before George F. Freudenthal, Jr., Trial Examiner. Said hearing
was held at Kankakee, Illinois, on November 19, 1943. The Company,
the Firemen, and Flour, Feed, Cereal and Elevator Workers, Local
22123, hereinafter called Local 22123, appeared and participated. All
parties 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 af-
forded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Foods Corporation, a Delaware corporation, is engaged in
the manufacture, processing, and -distribution of food products.
54 N. L. R B., No. 86.
596
GENERAL FOODS CORPORATION 597
Either directly or through its affiliates the Company owns and operates
numerous plants throughout the United States and Canada. The only
operation of the Company here involved is a plant operated by the
Company at Kankakee, Illinois, known as the Corn Mill Division. At
the Kankakee plant the Company carries on the usual functions of a
corn mill , including the storing , grinding , and mixing of grain and the
manufacture of grits, cornmeal, and hominy.
During the 12-month period ending September 20, 1943, the Com-
pany processed at its Kankakee plant approximately 5,000,000 bushels
of corn, about 50 percent of which was shipped to the plant from
points outside the State of Illinois. During the same period approxi-
mately 90 percent of the finished products of the plant was shipped
to points outside the State of Illinois.
The Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Firemen & Oilers, Local 296 , affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
Flour, Food, Cereal and Elevator Workers, Local 22123, affiliated
with the American Federation of Grain Processors and with the
American Federation of Labor, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 27, 1943, the Firemen wrote to the Company, requesting
recognition as the exclusive bargaining agent of certain of the Com-
pany's employees and requesting a meeting with a view to having
the Company negotiate a joint contract with the Firemen and Local
22123. The Company refused to recognize or bargain with the Fire-
men on the ground that there was an existing bargaining unit covering
all of the Company's employees and that the Company was already
dealing with Local 22123 as the exclusive bargaining representative
of the employees in said unit.
The Company and Local 22123 had, on October 1, 1942, executed a
contract covering all the employees, which contract was to run for
a period of 1 year, and from year to year thereafter unless terminated
by notice of either party, given at least 60 days before the expiration
of any yearly period. On July 24, 1943, more than 60 days before
the expiration of the current contract period, Local 22123 notified
the Company of its intention to negotiate a new contract. In addi-
tion, Local 22123 advised the Company that it was no longer seeking
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to represent the employees here involved. In view of these circum-
stances, as well as the Firemen's timely demand for recognition, it
is clear that the contract is not a bar to a present determination of
representatives.
A statement of the Regional Director, introduced into evidence at
the hearing, and a statement by the Trial Examiner at the hearing,
indicates that the Firenlen represents a substantial number of em-
ployees in the unit which it alleges is 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; THE DETERMINATION OF REPRESENTATIVES
The Firemen contends that all firemen in the Company's employ
constitute an appropriate bargaining unit. Local 22123 also takes the
position that the proposed unit is appropriate. The Company con-
tends that a separate craft unit, particularly in view of the history of
plant-wide bargaining since 1940, is inappropriate.
The Company urges that, because collective bargaining has been
on a single-unit basis since a consent election in 1940, it cannot now
be determined that any other unit is appropriate. We find no merit
in this contention. At no time prior to the instant proceeding was
the propriety of a craft unit in issue. Under such circumstances,
even a prior Board determination that an industrial unit was appro-
priate is not necessarily determinative of the propriety of a presently
proposed craft Unit .2
The Company's steam generating or power plant is located in a
separate building and provides heat and power for the plant. In
addition, it produces steam which is used in processing the grain.
The firemen, who operate the power plant under the supervision of
the chief engineer, maintain the proper steam pressure, adjust and
grease the stokers, clean the grates, and adjust the water pumps and
air compressors. Each fireman works in the powerhouse for a period
of 2 weeks and then works for 2 weeks as an extra maintenance man,
unloading coal, repairing and maintaining the steam pipes through-
out the plant, and doing whatever other kinds of maintenance work
he may be assigned to by the chief engineer. There is no interchange
of employees between the powerhouse and production departments,
% The Regional Director reported that the Firemen submitted 4 authorization cards
bearing apparently genuine signatures of persons listed on the pay roll of the Company
for the period ending August 31, '1943. The Trial Examiner reported that the Firemen
submitted 1 additional authorization card at the hearing bearing the apparently genuine
signature of an employee who had replaced an employee who was no longer in the Company's
employ . There are 5 employees in the proposed unit.
a Matter of Westinghouse Electric d Manufacturing Company, 49 N. L. R. B . 445, and
cases cited therein.
GENERAL FOODS CORPORATION 599
although there have been a few permanent transfers from production
departments to the powerhouse. Since the duties of the firemen are
completely different and require special skills not possessed by other
employees of the Company, we are of the opinion that they may
appropriately constitute a separate bargaining unit if they so desired.
We shall direct an election among the firemen to determine whether
or not they desire to be represented by the Firemen. Upon the results
of this election will depend, in part, our determination of the appro-
priate unit. If a majority of these employees select the Firemen as
their representative, they will have indicated their desire to consti-
tute a separate bargaining unit; if a majority of those participating
in the election indicate that they do not wish to be represented by the
Firemen, the firemen will remain part of the production and main-
tenance unit.
The parties agree and we find that the chief engineer is a supervisory
employee and should be excluded from the proposed unit.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among all firemen
in the Company's employ, excluding supervisory employees 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.
Local 22123 indicated that it does not wish to appear on the ballot
in the election and the Firemen has requested that it be designated
on the ballot as International Brotherhood of Firemen & Oilers, Local
296, A. F. of L. Said request is hereby granted.
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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Foods
Corporation, Corn Mill Division, Kankakee, Illinois, 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 Thirteenth 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 all firemen in the employ of the Company at its
plant at Kankakee, Illinois, excluding the chief engineer and any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, or effectively recommend such action, 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 those
employees who have since quit or been discharged for cause and who
have not been rehired or reinstated prior to the election, to determine
whether or not they desire to be represented by International Brother-
hood of Firemen & Oilers, Local 296, A. F. of L., for the purposes of
collective bargaining.