Oklahoma Rendering Co.

National Labor Relations Board - Board Decisions

Feb 27, 1945

60 N.L.R.B. 907 (N.L.R.B. 1945)

In the Matter of OKLAHOMA RENDERING COMPANY and UNITED PACK-
INGHOUSE WORKERS OF AMERICA, C. I. O.
Case No. 16-R-1131.-Decided February 07,1945
Ames, Monnet, Hayes ct Brown, by Mr. Coleman Hayes, of Okla-
homa City, Okla., for the Company.
Mr. L. R. Hoover, of Fort Worth, Tex., and Messrs. Buck Whittaker
and Mike Westerman, of Oklahoma City, Okla., for the Union. .
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Packinghouse Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Oklahoma Rendering Company, Oklahoma City, Oklahoma,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John H.
Garver, Trial Examiner. Said hearing was held at Oklahoma City,
Oklahoma, on February 2, 1945. The Company and the Union ap-
peared, participated, and 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 hear-
ing are free from prejudicial error and are hereby affirmed. All parties
were afforded 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
Oklahoma Rendering Company is an Oklahoma corporation operat-
ing a general rendering plant at Oklahoma City, Oklahoma. The
Company produces products valued in excess of $300,000, annually,
72 percent of which is shipped to points outside the State of Oklahoma.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
60 N. L. R B, No. 156.
907
908 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
United Packinghouse Workers of- America is a labor organization
affiliated with the-Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the Union
is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be 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 Union urges that all production and maintenance employees at
the Oklahoma City plant of the Company, including city truck drivers,
but excluding other truck drivers, clerical employees, the manager, as-
sistant manager, plant superintendent, and assistant manager's helper,
constitute an appropriate unit. The only controversy with respect to
the unit concerns the truck drivers employed by the Company other
than the city truck drivers.
The Company employs four or five truck drivers who drive regular
routes running outside Oklahoma County. Said drivers leave the
,Company's premises about 10 or 11 a. m. daily and do not return until
midnight. The Company also employs three truck drivers whose du-
ties are confined to picking up dead animals within a radius of about
50 miles from the plant: In addition thereto, it employs seven drivers
who are permitted to keep the Company's trucks at their own homes
in various outlying districts. They pick up available raw materials
in their respective districts and are paid only for the number of hours
they are actually engaged in picking up and delivering materials for
the Company. They do not report to the plant each day, but come
there only for the purpose of delivering gathered materials. The
Union seeks to exclude the above three classes of truck drivers on the
ground that-such drivers are really "over the road" drivers and that
it has an understanding with the International Brotherhood of -Team-
sters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L.,.
not to organize such employees. The record in the instant proceeding
indicates that the Union has not attempted to organize any of the
1 The Field Examiner reported that the Union submitted 12 authorization cards. There
are approximately 28 employees in the appropriate unit.
OKLAHOMA RENDERING COMPANY 909
disputed employees. - Under all the circumstances, we find that the
"over the road" drivers should be excluded from the unit.
We find that all production and maintenance employees at the Okla-
homa City plant of the Company, including city truck drivers, but
excluding clerical employees, "over the road" truck drivers, the mana-
ger, assistant manager, plant superintendent, assistant manager's
helper, and any 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 mean-
ing 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 means of an election by secret ballot among
the employees within 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 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 representa-
tives for the purposes of collective bargaining with Oklahoma Render-
ing Company, Oklahoma City, Oklahoma, 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 super-
vision of the Regional Director for the Sixteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject 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
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 election, to
determine whether or not they desire to be represented by United
Packinghouse Workers of America, C. I. 0., for the purposes of col-
lective bargaining.