Muskogee Dairy Products Co.

National Labor Relations Board - Board Decisions

Aug 2, 1949

85 N.L.R.B. 520 (N.L.R.B. 1949)

In the Matter Of MUSKOGEE DAIRY PRODUCTS CO., EMPLOYER and
CHAUFFEURS, TEAMST E:RS, WAREHOUSEMEN AND HELPERS LOCAL
UNION No. 516, INTERNATIONAL BROTHERHOOD OF CHAUFFEURS,
TEAMSTERS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.,.
PETITIONER
Case No. 16-RC-386.-Decided August 2,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Evert P. Rhea,,
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 National Labor-
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members.
Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner claims to represent certain employees 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. The appropriate unit :
The Employer is engaged in the processing and manufacture of
evaporated milk, cheese, and whey at its plant in Muskogee, Oklahoma.
It employs about 15 people.
The Petitioner seeks a unit of all production and maintenance em-
ployees at the Employer's plant excluding A. A. Morgan, the mainte-
nance mechanic, a general helper named John Smith, a porter named
Nelson Glass, field solicitors, office employees, and supervisors as de-
fined in the Act. The Petitioner and, the Employer disagree as to the
inclusion of the following individuals :
85 N. L. R. B., No. 89.
520
MUSKOGEE DAIRY PRODUCTS CO. 521
Sam Trzcinski is referred to as plant operation foreman, and the
Petitioner desires to exclude him as a supervisor . The record shows,
however, that, while this employee is the most experienced worker in
the plant, he has no authority to hire or discharge an employee or to
effectively recommend such action. Nor is he authorized to grant or
reconmiend any wage increases or take any disciplinary action with
respect to any employee . He has, on infrequent occasions , been in
charge of the plant in the absence of the general manager; but while
acting in this capacity he performed only routine duties and was not
given any authority to make decisions requiring the exercise of inde-
pendent judgment . In these circumstances , we find he is not a super-
visor as defined in the amended Act? We shall , therefore, include him
in the unit.
A. A. Morgan is the maintenance mechanic for the entire plant. He
does pipefitting , repairs electric motors, and performs general main-
tenance work on the plant machinery . In addition , he may assist in
the manufacture of cheese by separating the milk or helping to load or
unload necessary supplies. The Petitioner desires to exclude Morgan
on the ground that he performs work which is within the jurisdiction
of another labor organization . _ However, to exclude this employee on
this ground alone would make the extent of the Petitioner 's organiza-
tion controlling, contrary to the specific prohibition in the amended
Act.2 As there appears to be no other reason for his exclusion we shall
include this employee in the unit.
Nelson Glass, is a porter whose principal duty is to keep the plant and
its machinery clean . He may on occasion assist in loading or unload-
ing trucks but because of his age he is generally employed only in plant
housekeeping duties. The Petitioner would exclude this employee
because he is a stockholder of the company . Evidence at the hearing,
however, indicates that Glass has only a few shares of stock and does
not participate in the management of the company or in the formation
of its policies . Mere stock ownership in itself is insufficient reason to
exclude an employee otherwise eligible . 3 This employee shall, there-
fore, be included in the unit.
John A. Smith is a general helper around the plant who assists in
operating the machinery used in the making of cheese or evaporated
milk. He also does manual labor such as moving and sorting milk
cans, cartons of cheese , or supplies . Although there is no basis for the
Petitioner 's assertion that this employee should be excluded on the
ground that he is a clerical employee, the record does show that he is
Matter of General Motors Corporation , 78 N. L . R. B. 72.
s Section 9 (c) (5) See Matter of Beatrice Foods Company, 84 N. L . R. B. 512.
3 Matter of Alderwaood Products Corporation , 81 N. L . R. B. 136.
:522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the son of the president of the company. Because of his relationship to
management we shall exclude him from the unit 4
We find, therefore, that all production and maintenance employees
including the maintenance man,' plant operation foreman,6 and por-
ter,7 but excluding 8 all office 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.
DIRECTION OF ELECTION 9
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by Chauffeurs, Teamsters, Warehousemen and Helpers Local
Union No. 516, International Brotherhood of Chauffeurs, Teamsters,
Warehousemen and Helpers of America, A. F. of L.
4 Matter of Alabama Brick i Tile Company, Inc., 80 N. L. R. B. 1365.
A. A. Morgan.
6 Sam Trzcinski,
Nelson Glass.
As noted above, John A. Smith is excluded.
v If the Petitioner does not wish to participate in an election for the unit herein found
appropriate , it may withdraw its petition filed in this proceeding upon notice to that effect
given to the Regional Director in writing within 10 days from the date of this Direction of
Election.