Sargent & Co.

National Labor Relations Board - Board Decisions

Nov 21, 1945

64 N.L.R.B. 892 (N.L.R.B. 1945)

In the Matter of SARGENT & Co. and INTERNATIONAL BROTHERHOOD OF
TEAMSITRS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERIGA,
LOCAL No. 90, A. F. of L.
Case No. 18-R-1340.-Decided November 21, 1945
Messrs. A. E. Sargent and George Heaps, Jr., of Des Moines, Iowa,
for the Company.
Messrs. Leo Quinn and Thomas E. Jones, of Des Moines, Iowa, for
the Teamsters.
Mr. Fred Baker, of Des Moines, Iowa, for the Engineers.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by International Brotherhood of Team-
sters, Chauffeurs, Warehousemen & Helpers of America, Local No.
90, A. F. of L., herein called the Teamsters, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Sargent & Co., Des Moines, Iowa, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Stanley D. hane, Trial Examiner.
The hearing was, held at Des Moines, Iowa, on July 27, 1945. The
Company, the Teamsters and International Union of Operating En-
gineers, herein called the Engineers, 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 is-
sues. The Engineers filed a document in the nature of a motion to
dismiss the petition on the ground that the Engineers is the statutory
1 epresentative of the employees involved in this proceeding. The mo-
tion is denied. 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.
i The Engineers ' motion to intervene was granted by the Tiial Examiner.
G4 N L. R. B., No. 151.
892
SARGENT & CO. 893
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Sargent & Co. is an Iowa corporation having its principal office and
place of business in Des Moines, Iowa, where it is engaged in the
manufacture and distribution of mill feeds and grain products: The
Company annually purchases merchandise valued in excess of $2,000,-
000, which is shipped to the plant from without the State of Iowa.
Approximately $500,000 worth of its products are annually sold and
shipped to consumers in States other than the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & TIelpers of America, Local No. 90, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
International Union of Operating Engineers, Local No. 268, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Teamsters, by a letter dated June 28, 1945, requested that the
Company recognize it as the exclusive bargaining representative for
all employees in the unit claimed to be approprixate. The Company
has refused to recognize the Teamsters as the collective bargaining
agent for its employees until the Teamsters has been certified by the
Board. The Engineers had a yearly contract with the Company which
expired on March 31, 1945. Although the Company and the Engi-
neers are presently engaged in negotiating a new contract, there is no
collective bargaining agreement now in existence to bar a determina-
tion of representatives.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Teamsters represents a substantial number
of employees in the unit hereinafter found appropriate.2
'The Field Examiner reported that the Teamsters submitted 20 authorization cards all
of which bore names of persons appearing on the Company's pay roll for the period ending
July 3, 1945, containing 24 persons in the appropriate unit All of the cards w ere dated
in June 1945 . The Engineers relies on its recent contract as evidence of its inteiest
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
We find in accordance with the Stipulation of the parties that all
the Company's production and maintenance employees, including
warehousemen, leadmen or working foremen, grain cleaners, elevator
operators, mixing machine operators, oilers, packers, sackmen, and
truckers, but excluding the superintendent in charge of production,
the superintendent, all office clerical employees, salesmen and truck
drivers ,3 and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion hereih, 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 fo Article III, Section 9, of National Labor Rela-
tions 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 Sargent & Co.,
Des Moines, Iowa, 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 directioii 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 employ-
ees in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including employees who did not woik during said
The Teamsters has a contract with the Company- for a unit composed of ti tick divers.
SARGENT & CO. 895
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
those employees 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 they desire to be represented by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, Local No. 90, affiliated with the American Federation of
Labor or by International Union of Operating Engineers, Local 268,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REIrrY took no part in the consideration of the above
Decision and Direction of Election.
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