Quaker Oats Co.

National Labor Relations Board - Board Decisions

Jul 21, 1941

33 N.L.R.B. 706 (N.L.R.B. 1941)

In the Matter Of QUAKER OATS COMPANY and UNITED CEREAL WORKERS
LOCAL INDUSTRIAL UNIONNo.^ 1105
Case No. R-2527
CERTIFICATION OF REPRESENTATIVES
July, 21, 1941
On June 5, 1941, the National Labor Relations Board, herein called
the Board, issued its Decision and Direction of Elections in the above-
entitled proceeding.' Pursuant to the Direction of Elections, elections
by secret ballot were conducted on June 25, 1941, under the direction
and supervision of the Regional Director for the Eighteenth Region
(Minneapolis, Minnesota). On June 26, 1941,'the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued an
Election Report, copies of which were duly served on the parties.
No objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
(1) All sheet-metal workers and apprentices
Total on eligibility list_________________________________ 12
Total ballots cast_______________________________________ 11
Total ballots challenged_________________________________ 0
Total blank ballots_____________________________________ 0
Total void ballots______________________________________ 0
Total valid votes cast___________________________________ 11
Votes cast for United Cereal Workers Local Industrial
Union, No. 1105, C. I. 0_______________________________ 0
Votes cast for Sheet-metal Workers International Asso-
ciation, Local No. 263, A. F. L__________________________ 10
Votes cast for neither organization_________ -------------- 1
(2) All millwrights and apprentices
Total on eligibility list__________________________________ 27
Total ballots cast _______________________________________ 25
Total ballots challenged_________________________________ 0
Total blank ballots_____________________________________ 0
Total void ballots______________________________________ 0
Total valid votes cast___________________________________ 25
132 N. L. R. B. 312.
33'N. L. R. B., No. M.
706
QUAKER OATS COMPANY 707
Votes cast for United Cereal Workers Local Industrial
Union, No. 1105, C. I. O_______________________________ 3
Votes cast for Millwrights Local 1039 of United Brother-
hood of Carpenters and Joiners of America , A. F. L______ 20
Votes cast for neither organization_______________________ 2
(3) All production and maintenance employees , including watchmen,
firemen and heating engineers , excluding planning and draft-
ing engineers and laboratory employees , office employees and
supervisors with the right to hire and discharge.
Total on eligibility list__ ____________________________ 817
Total ballots cast___________________________________ 743
Total ballots challenged_____________________________ 34
Total blank ballots__________________________________ 0
Total void ballots___________________________________ 2
Total valid votes cast_______________________________
Votes cast for United Cereal Workers Local Industrial
707
Union, No. 1105, C. I. O__________________________ 493
Votes cast against United Cereal Workers Local Indus-
trial Union, No. 1105, C. I. O_______________________ 214
In the Decision and Direction of Elections referred to above, the
Board made no final determination as to the appropriate unit or
units but stated that such determination would depend upon the
results of each of such elections.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTARY FINDINGS OF FACT
We find that all sheet-metal workers and apprentices employed at
the Cedar Rapids plant of the Quaker Oats Company constitute
a unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining, and
otherwise effectuate the policies of the Act.
We find that all millwrights and apprentices at the Cedar Rapids
plant of the Quaker Oats Company constitute a unit appropriate for
the purposes of collective bargaining and that said unit will insure
to employees of the Company full benefit of their right to self-organi-
zation and to collective bargaining and otherwise effectuate the policies
of the Act.
We find that all production and maintenance employees at the Cedar
Rapids plant of the Quaker Oats Company, including watchmen,
firemen and heating engineers, excluding planning and drafting en-
gineers and laboratory employees, office employees and supervisors
with the right to hire and discharge constitute a unit appropriate
for the purposes of collective bargaining and that said unit will in-
sure to employees of the Company the full benefit of their right to
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708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
self-organization and to collective bargaining and otherwise effectuate
the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUI'I'LEMENTARY CONCLUSIONS OF LAW
1. The sheet-metal workers and apprentices employed by the Quaker
Oats Company,' Cedar Rapids, Iowa, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
2. The millwrights and apprentices employed by the Quaker Oats
Company, Cedar Rapids, Iowa, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. The production and maintenance employees of the Quaker Oats
Company, Cedar Rapids, Iowa, including watchmen, firemen and
heating engineers, excluding planning and drafting engineers and
laboratory employees, office employees and supervisors with the right
to hire and discharge, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the Nati'Qnal
Labor Relations Board by Section 9 (c) of the Nationa! Labor Refa-'
tlons Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of the National Labor Relations Board Rules :end Regulations-
Series 2, as amended,
IT IS HEREBY CERTIFIED that Sheet-metal Workers International As-
sociation, Local No. 263, A. F. of L., has been designated and selected
by a majority of the sheet-metal workers and apprentices employed
by the Quaker Oats Company, Cedar Rapids, Iowa, as their repre-,
sentative for the purposes of collective bargaining, and that, pursuant
to the provisions of Section 9 (a) of the National Labor Relations
Act, Sheet-metal Workers International Association, Local No; 263,
A. F. of L., is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
IT IS HEREBY FURTHER CERTIFIED that Millwright Local 1039 of United
Brotherhood of Carpenters and Joiners of America, A. F. of L.,
has been designated and selected by a majority of the millwrights
and apprentices employed by the Quaker Oats Company, Cedar Rap-
ids, Iowa, as their representative for the purposes of collective bar-
QUAKER OATS COMPANY 709
gaining, and that, pursuant to the provisions of Section 9 (a) of the
National Labor' Relations Act, Millwright Local 1039 of United
Brotherhood of Carpenters and Joiners of America, A. F. of L.,
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours
of employment, and other conditions of employment.
IT IS HEREBY FURTHER CERTIFIED that United Cereal Workers Indus-
trial Union Local No. 1105, C. I. 0., has been designated and selected
by a majority of the production and maintenance employees of the
Quaker Oats Company, Cedar Rapids, Iowa, including watchmen,
Bremen and heating engineers, excluding planning and drafting
engineers and laboratory employees, office employees and supervisors
with the right to hire and discharge, as their representative for the
purposes of -collective bargaining, and that, pursuant to the provi-
sions of Section 9 (a) of the National Labor Relations Act, United
Cereal Workers Local Industrial Union No. 1105, C. I. 0., is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.