Oscar H. Kjorlie Co.

National Labor Relations Board - Board Decisions

Apr 12, 1944

55 N.L.R.B. 1220 (N.L.R.B. 1944)

In the Matter of OSOAR H. KJORLIE Co. and GENERAL DRIVERS, HELPERS
AND INSIDE WORKERS UNION, LOCAL 116, A. F. L.
Case No. 18-R-953.-Decided April 12, 1944
Mr. Herman G. Tenneson, of Fargo, N. D., for the Company.
Mr. N. E. Kragerud, of Fargo, N. D., 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 General Drivers, Helpers and Inside
Workers Union, Local 116, A. F. L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Oscar H. Kjorlie Co., Fargo, North Dakota,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clarence A.
Meter, Trial Examiner. Said hearing was held at Fargo, North Da-
kota, on March 16, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Oscar H. Kjorlie Co., is a North Dakota corporation with its princi-
pal place of business at Fargo, North Dakota, where it is engaged in the
purchase and wholesale and retail sale of coal, fuel oil, flour, seeds, farm
feeds, and baby chicks. During its fiscal year ending June 30, 1943,
the Company purchased coal, fuel oil, flour, seeds, farm feeds, and baby
chicks, valued at approximately $257,000, betweeh 60 to 70 percent of
which was shipped to it from points outside the State of North Dakota.
55 N. L. R. B., No. 221.
1220
OSCAR H. KJORLIE CO. 1221
During the same period, the Company's sales amounted to approxi-
mately $298,000, about 5 percent of which was sold to customers outside
the State of North Dakota. Approximately 20 percent of the Com-
pany's total sales are wholesale. The Company also stores merchandise
which it sells to jobbers within the State of North Dakota. We find
that the Company is engaged in commerce within the meaning of the
National Labor Relations Act.
II. TILE ORGANIZATION INVOLVED
General Drivers, Helpers and Inside Workers Union, Local 116,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESITON CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees.
A statement of an agent of the Board, introduced into evidence 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 warehousemen, truck drivers, yardmen,
and coal passers at the plant and coal yard of the Company at Fargo,
North Dakota, constitute an appropriate unit. The Company stated
that it had no objection to this unit. Evidence introduced at the hear-
ing indicates that the employees claimed by the Union constitute a well-
defined homogeneous group.
We find that all warehousemen, truck drivers, yardmen and coal
passers at the coal yard and plant of the Company at Fargo, North
Dakota, excluding all 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 DETERDIINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
3 The agent reported that the Union submitted 10 application for membership cards.
There are 11 employees in the appropriate unit.
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Union urges that the pay roll following the date of hearing be
used to determine eligibility to vote. Inasmuch as no persuasive
reason appears as to why we should depart from our usual practice,
we shall direct that those eligible to vote shall be 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Oscar H. Kjorlie
Co., Fargo, North Dakota, an election by secret ballot shall be con-
ducted 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 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
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
who 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
General Drivers, Helpers and Inside Workers Union, Local 116,
A. F. L., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.