The Quaker Oats Co.

National Labor Relations Board - Board Decisions

Jun 5, 1941

32 N.L.R.B. 312 (N.L.R.B. 1941)

In the Matter of THE QUAKER OATS COMPANY and UNITED CEREAL
WORKERS LOCAL INDUSTRIAL UNION, No.' 1105
Case No. R-0597.-Decided June 5, 1941
Jurisdiction : cereal -manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition until it is certified by the Board ; elections
necessary.
Units Appropriate for Collective ' Bargaining : single or separate units com-
prising : (1)' productibn and maintenance 'employees including watchmen,
firemen, and - heating engineers ,- but excluding planning and drafting en-
gineers and laboratory employees, office employees, and supervisors; and (2)
sheet-metal workers and apprentices; and (3) millwrights and apprentices;
'determination of, ' dependent''upon elections.
Messrs. Grir '.m, Elliott, Shuttleworth cC Ingersoll, by Mr. Owen
Elliott and Wr. -V. C. Shuttleworth, of Cedar Rapids, Iowa, for the
Company. - ' .
Mr. Ben Henry, of, Cedar Rapids, .Iowa, and Mr. Jack Woodrow,
of Ottumwa; Iowa, for the United.,
Mr. Frank C. Byers, of Cedar Rapids, Iowa,' for the Millwrights
and Sheet Metal Workers. ' • ' _
Miss Marcia Hertzm.ark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT ' OF THE CASE
On April 1 , 1941, United Cereal Workers Local Industrial Union,
No. 1105 , herein called the United , filed w ith the Regional Director
for the Eighteenth Region (Minneapolis , Minnesota ) a petition al-
leging that a question affecting commerce had arisen concerning
the representation of employees of The Quaker Oats Company, Cedar
Rapids, Iowa, herein called the 'Company, and requesting an in-
vestigation and, certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act; 49, Stat. 449, herein
called the - Act. On . April 12 , 1941 , the United filed an amended
petition with the Regional Director . On the same date a motion
32 N. L. R. B., No. 71.
312
THE QUAKER OATS COMPANY 313
to intervene was filed by Sheet Metal Workers' International Asso-
ciation, Local Union No. 263, herein called the Sheet Metal Workers,
a labor organization claiming to represent employees directly affected
by the investigation. The Regional. Director granted the, motion
to intervene on April 14, 1941. On April 15, 1941, a motion to
intervene was filed by Millwright Local 1039 of United Brotherhood
of Carpenters and Joiners of America, herein called the Millwrights,
a_labor organization claiming to represent-employees directly affected
by the investigation. The motion was granted by ' the Regional Di-
rector on April 18, 1941. On April 21, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act, and Article III, Section 3, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct
it and to provide for an appropriate hearing upon due notice.
On April 23, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the United, the
Sheet Metal Workers, the Millwrights, and upon Federal Labor Union
22,325, a labor organization claiming to represent employees, directly
affected by the investigation. Pursuant to notice, a hearing was
held on May 1 and 2, 1941, at Cedar Rapids, Iowa, before, Henry W.
Lehmann, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company, the Sheet Metal Workers and the Mill-
wrights were represented by counsel and the United, by its repre-
sentatives; all participated in the hearing.' Federal Labor Union
22,325 did not appear. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The,Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed. Briefs' were there-
after filed with the Board by the United and by the Millwrights
and Sheet Metal Workers.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT,
I. THE BUSINESS OF THE COMPANY
The Quaker Oats Company, a corporation organized under the
laws of the State of New Jersey and having its principal place of
business in Chicago, Illinois, is engaged in the manufacture and dis=
' The Company filed an answer denying the allegations of the United 's petition and
of the petitions for intervention . It alleged that none of the unions represent a sufficient
number of employees in any ` proper bargaining unit to justify the holding of an ` election.
and denied that an appropriate unit is requested ' in any of the petitions."
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tribution on a Nation-wide scale of numerous cereals, various types
of flour, macaroni, spaghetti, cornmeal, and stock poultry feeds. Its
principal plants in the United States are located at Cedar Rapids,
Iowa, Akron, Ohio, and St. Joseph, Missouri. We are here con-
cerned only with the Cedar Rapids plant, the operations of which
consist of unloading, handling, and processing of grains and other
materials, and the packing and shipping of finished products.
The principal raw materials used by the Company consist of oats,
corn, wheat, barley, rice, soy beans, and buckwheat. During 1940
the Company used more than $1,000,000 worth of such materials, in
excess of 75 per cent of which were transported from points outside
the State of Iowa to the Cedar Rapids plant. The approximate
value of finished products produced at the Cedar Rapids plant in 1940
was in excess of $1,000,000. More than 75 per cent of such products
were transported to places outside the State of Iowa. The Company
normally employs 800 to 900 employees at the Cedar Rapids plant.
II. THE ORGANIZATIONS INVOLVED
United Cereal Workers Local Industrial Union, No. 1105, is a
labor organization affiliated with the Congress of Industrial Organi-
zations. It admits to membership employees at the Cedar Rapids
plant of the Company.
Sheet Metal Workers' International Association, Local Union No.
263, is a labor organization affiliated with the American Federation
of Labor. It admits to membership sheet-metal workers at the Cedar
Rapids plant of the Company.
Millwright Local 1039 of United Brotherhood of Carpenters and
Joiners of America is a labor organization affiliated with the Ameri-
can Federation of Labor. It admits to membership millwrights em-
ployed at the Cedar Rapids plant of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
About April 1, 1941, the United requested the Company to recog-
nize it as the exclusive representative of the Company's employees.
The Company suggested that the United obtain certification by the
Board. A statement of the Regional Director, introduced in evidence,
shows that the United, the Millwrights, and the Sheet Metal Workers
each represent a substantial number of employees in the units alleged
by each to be appropriate.2
2 The Regional Director reported that the United presented to him 412 membership
cards and 40 application cards of which 435 bore apparently genuine original signatures.
Of these cards 451 were dated between February 1 and April 12, 1941, and 1 was undated.
The Millwrights presented 22 authorization cards, all of which bore apparently genuine
signatures and none of which were dated. The Sheet Metal Workers presented a petition
signed by 10 persons ; all of the signatures appeared to be genuine. The petition was
not dated, but it appeared at the hearing that it was signed on April 10, 1941. Federal
Labor Union 22,325 , A. F. of L., which had asserted an interest in the matter, submitted
no evidence in support of its claim.
THE QUAKER OATS COMPANY 315
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The United contends that all production and maintenance employ-
ees at the Cedar Rapids plant of the Company, including watchmen,
firemen, and engineers,3 and excluding office employees and super-
visors with the right to hire and discharge constitute a unit appropri-
ate for the purposes of collective bargaining. The Millwrights urge
that a separate unit of all millwrights and apprentices is appropriate,
and the Sheet Metal Workers claim that a separate unit of sheet-
lnetal workers and apprentices should be established. As stated
above, the Company contended in its answer that none of the units
sought is appropriate, but it introduced no evidence concerning the
question.
The sheet-metal workers and their apprentices are skilled em-
ployees and are members of a well-established craft. However, they
work throughout the plant as do other maintenance employees and
there is evidence to show the appropriateness of an industrial unit
which would include the sheet-metal workers. Although the sheet-
metal workers have presented grievances and discussed problems with
the Company as part of a committee from the mechanical depart-
ment, the Company has never recognized them as a distinct group
for purposes of collective bargaining. These employees could thus
function either as a separate unit or as a part of a single industrial
unit.
An election will be held among all sheet-metal workers and their
apprentices at the Cedar Rapids plant of the Company to determine
8 The engineers sought to be included were identified at the hearing as heating engineers,
who operate power machines and heating apparatus . The United does not desire the
inclusion of drafting and planning engineers . At the hearing the C. I. O. regional director
stated that the United claimed that laboratory employees should be included in the unit.
In its brief the United takes a contrary position.
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
whether they wish to be represented by the United, by the Sheet
Metal Workers, or by neither. On the results of this election will
depend the appropriate unit. If these employees select a bargaining
representative other than the representative selected by the em-
ployees in the plant-wide industrial unit, they will constitute a-sepa-
rate and distinct appropriate unit. If they choose the same repre-
sentative as the employees in the plant-wide unit, they will be merged
into a single unit with such employees.
. The millwrights and their apprentices are also members of a well-
established craft and constitute a skilled group. Many of them
have been members of the Millwrights for many years. They too,
however, are engaged in work which takes them throughout the plant
and there is evidence to show that they might appropriately be in-
cluded in an industrial unit. The Millwrights have never attempted
to bargain collectively with the Company, although they have par-
ticipated with other employees of the mechanical department in dis-
cussions with the Company.
We shall hold an election among the millwrights and their appren-
tices to determine whether they wish to be represented by the United,
-by the Millwrights, or by neither. The determination of the appro-
priate unit will depend upon the results of this election. If the
millwrights select a bargaining representative other than the repre-
sentative selected by the employees in the plant-wide industrial unit,
they will constitute a separate and distinct appropriate unit. If
they choose the same representative as the employees-in the plant-
wide industrial unit, they will be merged into a single unit with such
employees.
We find that all the production and maintenance employees at the
Cedar Rapids plant of the Company, including watchmen, firemen,
and heating engineers, and excluding drafting and planning engi-
neers, laboratory employees, office employees, and supervisors with
the right to hire and discharge, may properly constitute a unit ap-
propriate for the purposes of collective bargaining which would insure
to the employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act. As indicated above, millwrights and
sheet-metal workers may or may not be included within such unit,
depending upon the results of an election which we shall direct. We
shall, therefore, make no final determination of the appropriate unit
or units pending the elections to be conducted among the millwrights
and sheet-metal workers.
VI. THE DETERMINATION OF REPRESENTATIVES
We have heretofore decided that separate elections will be held to
determine the collective bargaining representatives for the mill-
THE QUAKER -OATS COMPANY 317
wrights and, sheet-metal workers and their apprentices. We find
that the question concerning the representation of the employees. in
the industrial unit can best be resolved by means of an election by
secret ballot. _
The United requested that the last pay roll preceding,April •11,
1941, the -date of its amended petition, be selected -for, determining
the eligibility of voters,4 because some of the employees weret there-
after temporarily laid off. The, Company's manager testified that
permanent employees who are presently laid off are carried, on the
pay roll for a number of months and that there would be no.difference
between the pay roll of April 11 and that of April 30., Moreover,
our Direction will provide specifically for employees who are tem-
porarily laid off. We shall direct that those eligible to, vote in the
election shall be the employees who were employed by the Company
during the pay-roll period immediately preceding the date of the
Direction of Elections herein, subject to such limitations and addi-
tions as are set forth in such Direction of Elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of The Quaker Oats Company, Cedar Rapids,
Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act. • ' '
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Quaker Oats Company, Cedar Rapids, Iowa, elections 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 supervision of- the Regional Director for the Eighteenth Region,
acting in this matter as agent for the National Labor Relations
4 At the hearing the United flist requested that the last pay-roll date prior to the hearing
be used to determine eligibility . The Millwrights , the Sheet Metal Workers , and the Com-
pany agreed to the use of that date Prior to the conclusion of the hearing the United
requested the use of the earlier pay-roll date
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board, and subject to Article III, Section 9, of said Rules and
Regulations :
1. Among all sheet-metal workers and apprentices at the Cedar
Rapids plant of the Company who were employed during the pay-roll
period immediately preceding the date of this Direction, including
those who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by United Cereal Workers Local In-
dustrial Union, No. 1105, affiliated with the Congress of Industrial
Organizations,, or by Sheet Metal Workers' International Associa-
tion, Local Union No. 263, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither; and
2. Among all millwrights and apprentices at the Cedar Rapids
plant of the Company who were employed during the pay-roll period
immediately preceding the date of this Direction, including those
who did not work during such pay-roll period because they were
ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by United Cereal Workers Local In-
dustrial Union, No. 1105, affiliated with the Congress of Industrial
Organizations, or by Millwright Local 1039 of United Brotherhood
of Carpenters and Joiners of America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or
by neither; and
3. Among all production and maintenance employees at the Cedar
Rapids plant of the Company, including watchmen, firemen, and
heating engineers, who were employed during the pay-roll period
immediately preceding the date of this Direction, including em-
ployees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training
of the United States, or temporarily laid off, but excluding planning
and drafting engineers and laboratory employees, office employees,
and supervisors with the right to hire and discharge and employees
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by United Cereal
Workers Local Industrial Union, No. 1105, affiliated with the Con-
gress of Industrial Organizations, for purposes of collective
bargaining.
MR. EDWIN S. SMITH, dissenting:
I see no justification for granting employees in the units urged
by the Millwrights and Sheet Metal Workers the privilege of split-
THE QUAKER OATS COMPANY 319
ting themselves off from the industrial unit in this case. They con-
stitute some of the employees in one of many departments in an
integrated plant and there is no bargaining history on a craft basis
between them and the Company. I think the reasons expressed in
my dissenting opinions in the Allis-Chalmwrs 5-and subsequent cases
are here applicable, and under these circumstances I consider that
the unit sought by the United is appropriate and would so hold.
If, however, separate elections are to be held among the mill-
wrights and the sheet-metal workers and their apprentices, as a
majority of the Board has directed, I believe, for the reasons stated
by me in previous dissenting opinions,6 that the Board's Decision
should provide that if the craft employees do not vote themselves out
of the industrial unit by designating the craft unions, they should
then be considered a component part of the industrial unit.
6 Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248, 4 N. L. R. B. 159, 175.
6 Matter of The Cudahy Packing Company and Local 55, United Packinghouse Workers
of America, of Packinghouse Workers Organizing Commtttte, C. 1. 0., 32 N. L. R. B. 72.
Matter of Dain Manufacturing Company and Lodge No. 11,65, International Association
of Machinists---A. F of L., 32 N. L. R B 307. {
t