Nampa Creamery Co.

fn the Matter of NAMPA CREAMERY COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA, LOCAL 483, A. F. OF L. _ Case No. R-4985.Decided"March 19,1943 Jurisdiction : dairy products industry. -Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition: election necessary. Unit Appropriate for Collective Bargaining : production and. maintenance em- ployees, excluding clerical and field employees ; stipulation as to. Mr. J. M. Kleiner, of Nampa, Idaho, for the Company. Mr. Oscar S. Lawson, of Nampa, Idaho, for the'Union. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION' AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Team- sters, Chauffeurs, Warehousemen, and Helpers of America, Local 483, affiliated with 'the American Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Nampa Creamery Com= pany, Nampa, Idaho, herein called the Company, the National Labor - Relations, Board provided for an appropriate hearing upon 'due notice before Kemieth McClaskey, Trial Examiner. Said hearing was held at Nampa, Idaho, on February 26, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Nampa Creamery Company is an Idaho corporation, with its prin- cipal office and plant at Nampa, Idaho, where it is engaged in the 48 N L. R B., No. 40. 292 NAMPA CREAMERY COMPANY 293 production, processing, selling, and distribution of poultry, eggs, milk, cream and butter, and other poultry and dairy products. Ap- proximately 115 percent of the raw materials purchased by the Com- pany each year is shipped,from points outside the State. of Idaho. During the same period approximately '75' percent of its sales is shipped to points outside the State of Idaho. - H. THE ORGANIZATION INVOLVED International , Brotherhood of Teamsters, Chauffeurs, Warehouse- men, and Helpers of America, Local No. 483, affiliated with the Ameri- can Federation of Labor, is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION - In the early part of February 1943, the Company received a letter from the Union, wherein the Union requested recognition as the bar- -gaining agent for.the Company's employees. Shortly thereafter, at a coi ference ,'attended by the president of the Company, a representa- tive of the Union, and an agent for the Board, the Company refused to recognize'the Union. A statement prepared by a Field Examiner, introduced in evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' 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 National Labor -Relations Act. IV. THE APPROPRIATE UNIT We find, in, accordance with a stipulation of the parties, that all production and maintenance employees employed at the Company's Nampa, Idaho, plant, excluding clerical and field employees, and supervisory employees with the authority to hire or discharge, consti- tute 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- i The Field Examiner's statement shows that the Union submitted 15 application authori- zation cards, 13 of which bear the apparently genuine signatures of persons whose names are on the Company's pay roll for the week ending January 30 , 1943 ; all the cards are dated January 1943 . There are approximately 17 employees in the appropriate unit. `294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election -herein, 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 ' Relatioris Act, and pursuant to Article III, Section 9, of National Labor Rela- _tnons Board Rules and Regulations=Series 2, as amended, it is hereby Dn ECTED that, as part of the investigation to ascertain repre- sentatives for' the purposes of collective bargaining with Nampa Creamery Company, Nanipa ; Idaho, 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 aiicl ' supervision .of the Regional Director for the Nineteenth Region, acting in this -matter as;agent for the National tabor Relations Board, and subject to Article III, Section 10, 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 such 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 employees who have ,since , quit or been discharged for cause, to deter- mine whether or not they desire to be represented by International Brotherhood of Teamsters, Chauffeurs , WTarehousemen , and Helpers of America , Local No. 483, affiliated with the A.- F. of L., for the pur- poses of collective bargaining.