Meridian Grain & Elevator Co.

National Labor Relations Board - Board Decisions

Jul 31, 1947

74 N.L.R.B. 900 (N.L.R.B. 1947)

In the Matter of B. L. DAVIS, CHARLES H. RUSSELL, SR., MRS. ISABEL
H. RUSSELL , CHARLES H. RUSSELL , JR., HARRISON H. RUSSELL, EMILY
RUSSELL, ISABEL RUSSELL, AND MRS. RUBY H. D AVIS , A PARTNERSHIP
D/B/A MERIDIAN GRAIN R, ELEVATOR COMPANY ; AND/OR THE
RUSSELL COMPANY D/B/A MERIDIAN GRAIN & ELEVATOR COMPANY,
EMPLOYER and AMERICAN FEDERATION OF LABOR, PETITIONER
In the Matter of B. L. DAVIS, CHARLES H. RUSSELL , SR., Mris. ISABEL
H. RUSSELL , CHARLES H. RUSSELL , JR., HARRISON H. RUSSELL, EMILY
RUSSELL, ISABEL RUSSELL, AND MRS. RUBY H. DAVIS, A PARTNERSHIP
D/B/A MERIDIAN GRAIN & ELEVATOR COMPANY; AND/OR THE
RUSSELL COMPANY D/B/A MERIDIAN GRAIN Sc ELEVATOR COMPANY,
EMPLOYER and CONGRESS OF INDUSTRIAL ORGANIZATIONS, PETITIONER
Cases Nos . 15-R-2057 and 15-R-101, respectively .-Decided July
31, 194
Gillespie, Dlinniece ^di Nettles, by Mr. Robert G. Gillespie, and Snow
di Covington, by Messrs. E. L. Snow and J. A. Covington, of Meridian,.
Miss ., for the Partnership.
Lotterhos, Travis, and Dunn, by Mr. Fred J. Lotterhos, of Jackson,
Miss ., for the Corporation.
Mr. R. F. Sullivan, of Meridian, Miss ., for the AFL.
Mr. G. W. Walker, of Laurel , Miss ., for the CIO.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon separate petitions duly filed, the National Labor Relations
Board, on February 28, 1947, conducted a prehearing election among
employees in the alleged appropriate unit, to determine whether they
desired to be represented by the American Federation of Labor, herein
called the AFL, or by the Congress of Industrial Organizations, herein
called the CIO, for the purposes of collective bargaining, or by neither.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately. 77 eligible
74N.L R.B,1Vo 140.
900
MERIDIAN GRAIN & ELEVATOR COMPANY 901
voters and that 76 of these eligible voters cast ballots, of which 3
were for the AFL, 54 were for the CIO, and 19 were against both
participating labor organizations.
Thereafter, an appropriate hearing was held at Meridian, Missis-
sippi, on April 9 and 16, 1947, before T. Lowry Whittaker, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE PARTNERSHIP AND THE CORPORATION
B. L. Davis, Charles H. Russell, Sr., Mrs. Isabel H. Russell, Charles
H. Russell, Jr., Harrison H. Russell, Emily Russell, Isabel Russell,.
and Mr. Ruby H. Davis, doing business as Meridian Grain & Eleva-
tor Company, herein called the Partnership, is a limited partnership,.
which until March 1, 1947, had been engaged in the milling acid
feeding business at Meridian, Mississippi. On March 1, 1947, the
Partnership sold its interest in the business to The Russell Company
doing business as Meridian Grain & Elevator Company, herein called
the Corporation.' No changes were made in the operation of the
business other than the change of ownership, accompanied by an.
abridgement of the powers of the manager due to his change of
status from general partner and manager of the Partnership to
manager of the Corporation, and the appointment of a general sales
manager. The employees of the Partnership were continued as the
employees of the Corporation. During the year preceding March
1, 1947, the Partnership purchased grain and feeding ingredients
valued in excess of $300,000, of which more than 331/3 percent in
value was shipped from points outside the State of Mississippi.
During the same period the Partnership processed and mixed feed
worth more than $300,000, of which more than 331/3 percent in value
was shipped to points outside the State.
The partnership and the Corporation admit, for the purpose of
this proceeding, and we find, that they are engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The American Federation of Labor is a labor organization claim-
ing to represent employees of the Employer.
I On April 16, 1947 , at the adjourned hearing , the Corporation appeared and agreed to
adopt the recoi d theretofore made with respect to the Partnership.
902 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Congress of Industrial Organizations is a labor organization
claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Corporation refuses to recognize the AFL or the CIO as the
exclusive bargaining representative of the employees herein involved
until either has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Corporation, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties
at the hearing, that all production and maintenance, employees of the
Corporation, including truck drivers and janitors, but excluding all
office alud clerical employees and all supervisory employees, 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
The results of the election held before the hearing show that the
CIO obtained a majority of all the votes cast.
The Corporation objects to the election and requests that it be set
aside because : (1) only 8 days had intervened between the time of a
shooting by unknown persons into a church in which a preelection CIO
meeting was being held 2 and the time of the election, the shooting
having allegedly created resentment and excitement in the minds of
the employees and having allegedly deprived them of the ability to
express their free choice and free will at the election; and (2) after
the election there was a change of ownership of the Meridian Grain &
Elevator Company.
(1) Five witnesses 3 testified at the hearing that in their opinion
the results of the election would have been different had the shooting
incident not taken place. And also at the hearing the parties stipu-
lated that 16 persons,4 if called as witnesses, would testify that in their
opinion the results of the election would not have been the same had
2 One of the participants in the CIO meeting was wounded
a Employees of G E Pollock, Sandy Thomas, Otho Crowther, and W L. Hudson, and B L.
Davis, manager of the Corporation
4 Of the 16 persons, the general superintendent of the mills, the manager of the flour
mill, and 2 assistant superintendents are clearly not eligible voters. The remaining em-
ployees included 2 shipping clerks, a receiving clerk, a sweeper, an oiler, and 7 laborers.
MERIDIAN GRAIN & ELEVATOR COMPANY 903'
the balloting occurred before or a later time after the shooting inci-
dent. We do not agree, as the "Corporation contends, that such specu-
lative matter indicates that the shooting incident affected the results
of the election.5
In its brief the Corporation asserts, and we incline to agree, that the
incident was designed to mitimidate employees. It seems clear to us
that this intimidatory conduct was calculated to cause the employees
to reject the CIO at the polls. But the fact remains that the CIO won
the election by an overwhelming vote. What the Corporation's first
objection amounts to then is no more than a conjectural argument that
the employees reacted in a manner contrary to that anticipated by the
participants in the shooting incident, having chosen the CIO out of
resentment, and that the election should therefore be set aside. Al-
though the Corporation points in its brief to cases in which the Board-
voided elections lost by a labor organization after illegal employer
tictlon directed against it on the eve of balloting, these cases are not
apposite here. If in those cases the labor organization which was the
victim of employer misconduct had emerged victorious, we probably
would have decided otherwise on the theory that the victory resulted
despite the unfair labor practices.' There is as little reason to void this
election as there is-to vacate one in which a labor organization received,
a majority vote in spite of preelection unfair labor practices harmful
to its 6ause. We therefore overrule the Corporation's first objection.
(2) As to the second objection that, after the election, there was a
change of ownership of the Meridian Grain & Elevator Company, it
appears that both the Corporation and the Partnership have operated
with the same employees, who comprised the voting unit found above
to be appropriate, with essentially the same management, and in vir-
tually the same manner. Consequently, we also overrule the Corpora-
tion's second objection.'
Having rejected the Corporation's objections, we shall certify the
CIO as the bargaining representative of the employees in the ap-
uropriate unit. -
Marvin Reynolds testified that he "can't speak for nobody except myself," stating that
he had not made up his mind before the shooting incident and that the shooting incident
influenced his vote G E Pollock testified that he actually altered his choice after the
incident But Otho Crowther, «' L. Hudson, and Sandy Thomas testified that they would
have voted the same way had the incident not occunned And the hearsay testimony of
ennploices G D Pollock, Otho Crowther. and W L Hudson, and of B L Davis, manager
of the Corporation, that ceitain employees stated that the shooting influenced their vote,
is of little probative value
Cf Matter of Aurora Wall Paper Mill, Inc, 72 N L R B 1036
P Cf Matter of Simmons Engineering Co , 65 N. L. R B 1373 ; Matter of Samuels d/b/a
National Bag Company , 65 N L R B 1078 , N L. R B v. Adel Clay Pi oducts Go, 134
P (2c1) 342 (C C A 8) , N L R B v Blair Quairics, Inc, 152 P. ( 2d) 25 (C C A 4).
904 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that the Congress of Industrial Organiza-
tions has been designated and selected by a majority of all production
and maintenance employees of The Russell Company doing business
as Meridian Grain & Elevator Company, Meridian, Mississippi, in-
cluding truck drivers and janitors, but excluding all office and clerical
employees, and all supervisory employees, as their representative for
the purposes of collective bargaining, and that, pursuant to Section 9
(a) of the Act, the said organization is the exclusive representative of
all such employees for the purposes of collective bargaining with re-
spect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Certification of Representatives.
i