Missouri Insurance Co.

National Labor Relations Board - Board Decisions

Oct 26, 1945

64 N.L.R.B. 486 (N.L.R.B. 1945)

In the Matter Of MISSOURI INSURANCE COMPANY and UNITED OFFICE
& PROFESSIONAL WORKERS OF AMERICA, MIDWEST REGION, CIO
Case No. 14-R-123,0.-Decided October 26, 1945
Mr. Carl E. Enggas, of Kansas City, Mo., for the Company.
Mr. Laney T. Fwnderburk, of St. Louis, Mo., for the Union.
Mr. Glenn L: Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Office & Professional Workers
of America, Midwest Region, CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of Missouri Insurance Company, St. Louis,
Missouri, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Helen F. Humphrey, Trial Examiner. The hearing was held at St.
Louis, Missouri, on September 18,1945. The Company and the Union
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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Missouri Insurance Company is a corporation incorporated in 1907,
duly organized and existing by virtue of the laws of the State of
Missouri. It is licensed to engage in the business of writing insurance,
i Although the Field Examiner ' s statement recites that the American Federation of
Labor submitted 11 application cards prior to the hearing in support of its claim of interest,
a letter from that organization was introduced at the hearing stating that the American
Federation of Labor did not desire to intervene or take any part in the proceeding.
64 N. L. R. B. No. 89.
486
MISSOURI INSURANCE COMPANY 487
and writes industrial and ordinary life insurance and industrial health-
and accident insurance. It is currently licensed to do business in
Missouri, Illinois, Kansas, Iowa, and Kentucky. On December 31,.
1944, the Company had approximately 7,755 ordinary policies and
178,905 industrial policies, totaling $10,276,229 and $29,347,260, respec-
tively. On the same date, its admitted assets, consisting principally
of bonds, stocks, first mortgages on real estate, real estate, loans and
cash in banks amounted in value to $2,431,680.97. The Company
manages and directs its business and the investment of its funds from,
its Home Office in St. Louis, Missouri, and maintains 12 district offices
located in 3 States.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.2
II. THE ORGANIZATION INVOLVED
United Office & Professional Workers of America, Midwest Region,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as,
the exclusive bargaining representative of the employees whom the
Union presently seeks to represent until the Union has been certified
by the Board.
A statement of a Field Examiner of the Board, introduced in.
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.3
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 Company maintains nine district offices in the State of Missouri
located at North St. Louis, South St. Louis, West St. Louis, Kansas
City, Columbia, Springfield, St. Joseph, Popular Bluff, and Farming-
ton .4 Each district office is under the supervision of a manager who
is aided by one or more superintendents. The Company also employs
field supervisors who go from district to district assisting the agents.
2 Polish National Alliance v N L R. B, 322 U . S. 643.
'The Field Examiner reported that the Union submitted 49 membership cards, 39 of
which bear the names of employees listed on the Company 's pay roll for the period ending
June 1, 1945 , which pay roll contained the names of 115 persons in the appropriate unit.
4 The Company also maintains district offices at East St . Louis, Illinois , and Chicago,
Illinois and Wichita , Kansas, none of which is here involved.
488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
There are approximately 128 agents attached to and working out of
the Missouri district offices. Of this number, 15 service debits in
Kansas or Illinois. Aside from the fact that they service debits in
States other than the State of Missouri , these agents bear exactly
the same relation to the Missouri offices to which they are attached
as do all other agents attached to such district offices. The parties
agree that a unit consisting of all industrial agents working out of
Missouri offices and rendering accounts to Missouri offices, regardless
of the States in which the debits exist, constitute an appropriate unit.
We find, in accordance with the agreement of the parties and upon
the entire record, that all industrial agents who are attached to and
work out of the Company's district offices in the State of Missouri,
excluding office and clerical employees, cashiers, field supervisors,
managers, superintendents and all other supervisory employees with
authority to hire, promote , discharge , discipline , 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
-employees 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.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DISECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Missouri Insur-
ance Company, St. Louis, Missouri, 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 Fourteenth 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,
above, 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
MISSOURI INSURANCE COMPANY 489,
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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
United Office & Professional Workers of America, Midwest Region,
CIO, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the-
above Decision and Direction of Election.