General Mills, Inc.

National Labor Relations Board - Board Decisions

May 27, 1946

68 N.L.R.B. 309 (N.L.R.B. 1946)

In the Matter of GENERAL MILLS, INC. (MECHANICAL DIVISION) and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
LOCAL 1140, C. I. O.
Case No. 18-R-1471.-Decided May 27, 1946
Messrs. D. E. Balch, Marvin Bonine, John Keenan, and Paul Olson,
all of Minneapolis, Minn., for the Company.
Messrs. Kenneth J. Enkel, Charles Peters, and Anthony Demaio, all
of Minneapolis, Minn., for the C. I. O.
Messrs. James Ashe and Lester McBride, of St. Paul, Minn., for
the Machinists.
Messrs. A. C. Brown and H. W. Carlile, of Minneapolis, Minn., for
the Engineers.
Mr. F G Dunn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, Local 1140, C. I. 0., herein called the C. I. 0.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of General Mills, Inc. (Mechanical Divi-
sion), Minneapolis, Minnesota, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Stanley D. Kane, Trial Examiner. The hearing was held
at Minneapolis, Minnesota, on April 9, 10, and 12, 1946. The Com-
pany, the C. I. 0., the International Association of Machinists, herein
called the Machinists, and the International Union of Operating Engi-
neers, Local 34, A. F. of L., herein called the Engineers, 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
afforded opportunity to file briefs with the Board.
68 N L. R. B., No. 37.
309
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
General Mills, Inc. (Mechanical Division), is a corporation duly or-
ganized and existing under the laws of the State of Delaware, with
its principal office and place of business located in Minneapolis, Minne-
sota. In its mechanical division, it designs and builds precision tools
and products, and recently has added to its manufacture a line of home-
appliance items, including electric irons and pressure cookers. The an-
nual sales of the Company for the period from June 1, 1944, to May
31, 1945, was in the approximate amount of $10,000,000; approximately
97 percent of the finished products represented in such sales was shipped
to States other than the State of Minnesota.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, Local 1140,
is a labor organization, affiliated with the Congress of Industrial Or-
ganizations , admitting to membership employees of the Company.
International Association of Machinists is a labor organization, ad-
mitting to membership employees of the Company.
International Union of Operating Engineers , Local 34, is a labor
organization, affiliated with the American Federation of Labor , admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. notified the Company on February 20, 1946, that it rep-
resented all production and maintenance employees of the Company and
requested recognition as their collective bargaining representative. The
Company replied on February 25, 1946, refusing to recognize the C. I. O.
because of its existing contract with the Machinists.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in the unit hereinafter found appropriate?
' The contract with the Machinists expires on June 1, 1946, and was not raised as a bar to
this proceeding.
2 The Field Examiner reported that the C. I. O. submitted 194 cards, bearing the names of
189 employees listed on the Company's pay roll of March 3, 1946, and that there are approxi.
mately 418 employees in the appropriate unit. The Engineers submitted 4 cards at the hearing,
bearing the names of 4 employees on the Company's pay roll of March 3, 1946, and there
are 4 employees in the appropriate unit. The Machinists depended on its existing contract
as evidence of interest in this proceeding.
GENERAL MILLS, INC. 311
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 C. I. 0. seeks a unit composed of all production and maintenance
employees in both the industrial manufacturing area or division and the
home-appliance area or division, including inspectors and storekeepers,
but excluding clerical employees, maintenance electricians, cafeteria em-
ployees, lay-out engineers, tool designers, draftsmen, and engineers,
guards, and all supervisory employees. The Company and the Machinists
are in general agreement as to the specific composition of the foregoing
unit, but would establish the home-appliance division as a separate unit.
The Engineers seeks a craft unit composed of four firemen, which unit is
opposed by the other parties.
The Company has been bargaining with the Machinists since 1941
under a contract that covered all production and maintenance employees,
excluding the specific classifications noted above. In January 1946, the
Company commenced operations in the home-appliance division and rec-
ognized the Machinists as the bargaining representative of such
employees.
The record shows that both divisions are under the over-all supervi-
sion of A. L. Hyde, division president. Several departments such as
traffic, personnel, shipping and receiving, and accounting and purchas-
ing departments function in behalf of both divisions. In addition, a large
group of employees in the tool engineering department perform work
in and for both divisions. The Company has posted vacancies for the
home-appliance division in the manufacturing division pursuant to the
Machinists' contract. As a result, a considerable number of employees
now in the home-appliance division had transferred directly from the
manufacturing division without loss of seniority. The evidence reveals
that it was the intent of both the Company and the Machinists, prior to
the advent of the C. I. 0., to apply the provision of the existing con-
tract to the employees in the home-appliance division .3 In view of the
3 The existing contract provides for recognition of the Machinists as collective bargaining
agent for classifications or grades that might be added to the Company's pay roll during the
life of the contract. When the new division was contemplated , the Company wrote the
Machinists and requested that it take jurisdiction over the employees therein, stating that it
wac willing to apply the existing union contract in all of its phases to the new department
except for wage rates. The Machinists accepted , reserving certain differences as to wages and
seniority provisions for later negotiation. The Company, thereafter, provided for the transfer
of employees to the new division in accordance with a provision in the existing contract
After the petition was filed herein, the Company suggested to the Machinsists that a separate
contract be negotiated for employees in the home-appliance division.
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foregoing and the fact that organization of the Company's employees
has been extended by both the C. I. 0. and the Machinists to the home-
appliance and the manufacturing divisions, we are of the opinion that
all operations of the Company, including both the home-appliance and
manufacturing divisions, comprise a single appropriate unit .4
Prior to and during the entire period covered by the contract between
the Company and the Machinists, the Company has employed four fire-
men, one of whom is in charge as a "group leader," but does not possess
supervisory authority within the Board's customary definition. Their
work is separate and distinct from the production and maintenance em-
ployees and they are required to obtain an operating engineer's license
from the State of Minnesota, which licenses are only acquired after 1
to 3 years of apprenticeship. Three of these firemen have been members
of the Engineers for 10 years and have maintained their membership
despite the bargaining agreement of the Machinists. Shortly after the
Machinists was recognized as the bargaining agent for all production
and maintenance employees of the Company, the firemen were requested
by the Machinists to join their union. The firemen refused, however, be-
cause of their membership in the Engineers. They have not actively
participated in the Machinists' union activities and the record does not
show that the Machinists has ever represented them in the settlement
of specific grievances.
We have held in certain instances that where members of a craft
merge their interests with those of other production and maintenance
employees and acquiesce in being represented as a part of a plant-wide
unit, they were thereby precluded from the right to separate representa-
tion." However, we have also recognized the right to self-determination
on the part of craft employees where, as here, they have maintained
their group identity, refrained from active participation in union activi-
ties of the plant-wide representative, and maintained membership in the
craft group prior to the establishment of the plant-wide unit, and where
no consideration was given to the merits of a separate craft unit upon
the occasion of the establishment of the plant-wide unit.,,
Under the circumstances of the present case, we are of the opinion
that the bargaining history of the Company is not determinative of the
present issue and that the firemen, by their actions during the period
covered by the Machinists' contract, have not conducted themselves so
as to preclude their representation in a separate bargaining unit. Accord-
ingly, we find that the firemen may constitute either a separate bargain-
ing unit or be included in the larger unit of production and maintenance
4 Matter of Raytheon Manufacturing Company, 66 N L. R. B. 588.
a Matter of York Corporation, 61 N. L. R B. 462; Matter of Internatzonal M,nerals and
Chenucal Corporation, 62 N. L. R. B. 655.
6 Matter of Standard Oal Company of New Jersey, 61 N. L. R. B. 1344 ; Matter of The Crosley
Corporation, 66 N. L. R. B. 349.
GENERAL MILLS, INC. 313
employees. We shall, therefore, permit the firemen to express their de-
sires in the matter by means of a separate election. If they vote for the
Engineers, they shall constitute a separate appropriate unit ; otherwise
they shall remain a part of the plant-wide unit of production and main-
tenance employees.
Upon the basis of the entire record and in conformance with the fore-
going conclusions , we shall order the conduct of elections among the
employees of the Company within each of the two groups listed below,
excluding all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action :
(1) All production and maintenance employees in the Company's
mechanical division, including employees in the home-appliance division,
inspectors, and storekeepers, and excluding clerical employees, mainte-
nance electricians, cafeteria employees, lay-out engineers, tool designers,
draftsmen and engineers , firemen , and guards ;
(2) All firemen, including the group leader.
As indicated above, we will make no final determination of the ap-
propriate unit or units pending the results of the elections.
Those eligible to vote in the elections which we shall direct shall be
the employees of the Company described in the voting groups above
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to the limitations
and additions set forth therein.
DIRECTION OF ELECTIONS
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 representatives
for the purposes of collective bargaining with General Mills, Inc. (Me-
chanical Division ), Minneapolis , Minnesota , elections 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 supervi-
sion of the Regional Director of 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
employees in the voting groups listed 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 p-tv-
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
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
present themselves 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 elections, and all supervisory
employees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action :
(1) All production and maintenance employees in group (1), outlined
in Section IV, above, to determine whether they desire to be represented
by United Electrical, Radio & Machine Workers of America, Local
1140, C. I. 0., or by International Association of Machinists, for the
purposes of collective bargaining, or by neither ;
(2) All firemen in group (2), outlined in Section IV, above, to de-
termine whether they desire to be represented by United Electrical, Radio
& Machine Workers of America, Local 1140, C. I. 0., or by Interna-
tional Association of Machinists, or by International Union of Oper-
ating Engineers, Local 34, A. F. L., for the purposes of collective bar-
gaining, or by none.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Elections.