The Morrison Milling Co.

National Labor Relations Board - Board Decisions

May 24, 1949

83 N.L.R.B. 800 (N.L.R.B. 1949)

In the Matter of THE MORRISON MILLING COMPANY, EMPLOYER and
UNITED PACKINGHOUSE WOR$ERS OF AMERICA, CIO, PETITIONER
Case No. 16-RC-318.-Decided May 24, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing offi-
cer of the National Labor Relations Board. The hearing officer's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor.
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent a unit of production and main-
tenance employees at the Employer's Denton, Texas, mill, including
foremen, seasonal and special employees, the part-time janitor and the
watchman, but excluding supervisors and guards as defined in the
Act. Dispute exists as to whether the following employees whom the
Petitioner would include, and the Employer exclude, should be in-
cluded in the unit :
Foremen: The record discloses that the warehouse foreman, the
elevator foreman, the packing foremen, and the chief engineer each
supervises two or more men. These foremen have authority to hire,
discharge, discipline, and assign tasks to their subordinates. We find
that they are supervisors as defined in the Act. We shall exclude them
from the unit. The garage foreman is a mechanic who is occasionally
83 N. L. R. B., No. 124.
800
THE MORRISON MILLING COMPANY 801
assisted by an assistant garage mechanic . We find that he is not a
supervisor. We shall include him.
Janitor:, The janitor is a regular part-time maintenance emplpyee
who cleans the office of the employer every evening. We shall include
him in the unit.'
Watchman: The watchman performs plant-protection duties on
week ends, holidays, and other times when the mill is not in operation.
He performs no other duties. We shall exclude him as a guard.
Seasonal and special employees : Each year during the grain harvest-
ing season ,-which usually lasts from May to July, the Employer hires
additional laborers to aid in receiving and storing grain. These
laborers are also employed at various other times during the year to
aid in special situations. In addition, the Employer also employs so-
called "pony-packers" to aid in the mechanical packing of small bags
of flour. "Pony packers" are hired whenever the Employer receives
an order for this packaged flour. During the past 2 years, the Em-
ployer used "pony packers" during approximately 26 weeks in each
year. The Employer's policy is to rehire as laborers or as "pony
packers," those individuals who have been previously employed in a
similar capacity. As a general rule it is able to carry out this policy.
In view of their duties, which clearly bring them within the category
of production employees, and the recurrent character of their employ-
ment throughout the year, we shall include the seasonal laborers and
the "pony packers" in the unit 2
H. D. Pilley operates his own repair shop and sometimes does repair
work for the Employer. As he is an independent contractor, we shall
exclude him.
Oscar Butters is a millwright who was hired for a particular con-
struction job. At the time of the hearing, this work was virtually com-
pleted. The prospect of his future employment with the Employer is
uncertain. In view of his status, we shall exclude him.
John Wells is a school teacher who performs maintenance work for
the Employer during his off hours. It is not clear from the record
whether this part-time employment is casual or regular . If it is the
former, he will be deemed excluded from the unit; if it is the latter,
he will be deemed included.
We find that all production and maintenance employees 3 of the
Employer at its Denton, Texas, mill, including the janitor, seasonal
I Matter of Ohio Power Company, 73 N. L R B 384; Matter of Steel Products Engineer-
ing Company, 73 N. L. R. B 318, Matter of Wilson Athletic Goods Manufacturing Co.,
Inc., 73 N L R B. 315.
2 Matter of California Almond Growers Exchange, 73 N. L R B. 1367.
3 This includes the garage foreman.
;802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
laborers , and "pony- packers," but excluding the watchman ,,the ware-
house foremen , the elevator foreman, packing foreman, the, chief engi-
,;veer and all other guards and supervisors as -defined in the act, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain respresentatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, 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, and also excluding those
employees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collective
bargaining, by United Packinghouse Workers of America, CIO.