The Fairmont Creamery Co.

National Labor Relations Board - Board Decisions

Aug 24, 1944

57 N.L.R.B. 1569 (N.L.R.B. 1944)

In the Matter of THE FAIRM0NT-CREk4ERY COMPANY and AMALGAM-
ATED` MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA,
LOCAL 416, A. - F . OF L.
Case No. 18-R-1060.-Decided August 24,1944
Mr. William S. Scott, for the Board.
Mr. C. B. Evinger, of Omaha, Neb., for the Company.
Mr. Max Crowell, of Sioux Falls, S. D., and Messrs. Glen Burriungton.
and Geoffrey Biggerstaff, of Huron; S. D., for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE"
Upon a petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 416, A. F. of L., herein
called the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of The Fairmont Cream-
ery Company, Huron, South Dakota, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Stephen M. Reynolds, Trial Examiner. Said
hearing was held at Huron, South Dakota, on July 26, 1944. The
Board, the Company, and the Union 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
issues. The Trial Examiner's rulings made at the hearing are free'
from prejudicial error and are hereby affirmed. All parties were af-
forded an 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
The Fairmont Creamery Company is a Delaware corporation with
one of its plants located in Huron, South Dakota, where it is engaged
in the processing and sale of cream , chickens, and eggs. The Com--
57 N. L . R. B., No. 256. 1569
601248-45-vol. 57-100
1570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany's sales annually amount to more than $25,000 in value, and 90
percent of the Company's products is shipped outside the State of
South Dakota.
The Company admits that it is -engaged in commerce within the
meaning of ,the'National Labor_ Relations-Act.
II. THE ORGANIZATION INVOLVED
Amalgamated, Meat Cutters and Butcher Workmen of North Amer-
' ica, Local 416, is- a'labor organization' affiliated with the American'
Federation of 'Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in' an appropriate' unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that' the Union represents a substantial number of
employees in the unit hereinafter found appropriate.1
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 and the
record, that all employees of the Company at its Huron, South Dakota,
plant but excluding office employees, local cream station buyers, sal-
aried department heads, foremen, and-all 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 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 herein, subject to. the limitations and additions set forth in the
Direction.
1 The Field Examiner reported that the Union submitted 46 application -for-membership I
cards, 43 of which bore ' the names of persons appearing on the Company 's pay roll of
June 17, 1944 , which contained the names of 55 employees in the appropriate unit. The
cards were dated on or after June 30, 1944.
-THE FAIRMONT CREAMERY COMPANY 1571
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 The Fairmont
Creamery Company, Huron, South Dakota, 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 supervi-
sion 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 the
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
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 or not they desire to be represented by Amalgam-
ated Meat Cutters and Butcher Workmen of North America, Local
416, A. F. of L., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election. ,