A. E. Staley Manufacturing Co.

In the Matter of A.,E. STALEY MANUFACTURING COMPANY and UNITED AIITOMOBILE WORKERS OF AMERICA, A. F. OF L. In the Matter of A. E. STALEY MANUFACrERING COMPANY and LOCAL UNION 146, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L. Cases Nos. RD845 and R-5846, respectively. -Decided September 1 ^, 1943 Mr. Carl R. Miller, of Decatur, Ill., for the Company. Mr. Earl F. Heaton, of Decatur, Ill., for the United. Mr. T. H. Campbell, of Decatur, Ill., and Mr. William A.,Payton, of Terre Haute, Ind., for the I. B. E. W. Mr. C. C. Martin, of Decatur, Iii., for the Independent. Mr. Louis Cokin, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE Upon separate petitions duly filed by United Automobile Workers of America, A. F. of L., herein called the United, and Local Union 146, International Brotherhood of Electrical Workers, A. F. of L., herein called the I. B. E. W., alleging that questions affecting commerce had arisen concerning the representation of employees of A. E. Staley Manufacturing Company, Decatur, Illinois, herein called the Com- pany, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Russell Packard, Trial Examiner. At the commencement of the hearing, the Trial Examiner granted a motion of Independent Starch Workers Union, herein called the Independent, to intervene. The Company, the United, the I. B. E. W., and the Independent appeared at and partici- pated in the hearing.' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce 1 Although International Association of Machinists , and Carpenters and Joiners Local Union No. 742 were served with notice of hearing, they did not appear. 52 N. L. R. B., No. 98. 582 A. E. STALEY MANUFACTURING COMPANY 583 evidence bearing on the issues. During the course of the hearing, coun- sel for the Company moved to dismiss the petition filed by the I. B. E. W. The Trial Examiner reserved ruling. The motion is hereby granted for the reasons stated herein. During the course of the hearing counsel for the Independent moved to dismiss the petition filed by the United. The Trial Examiner reserved ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY A. E. Staley Manufacturing Company is engaged in the manufac- ture, preparation, processing, sale, and distribution of corn and soy bean products. The Company is the second largest enterprise in the corn milling wet process industry. It maintains sales offices in New York City, Chicago, Boston, and Atlanta, and about 150 warehouses located throughout the United States. We are here concerned with its plant at Decatur, Illinois. During 1942 the total value of all raw materials and supplies purchased by the Company for use at its De- catur plant was in excess of $30,000,000. About 90 percent of the corn, about 95 percent of the soy beans, and all the coal purchased by the Company were obtained within the State of Illinois. About 50 percent of the Company's remaining supplies were obtained from points outside the State of Illinois. During 1942 the Company sold finished products valued in excess of $67,000,000, about 80 percent of which was shipped to points outside the State of Illinois. The Com- pany admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Automobile Workers of America and Local Union 146, In- ternational Brotherhood of Electrical Workers, are labor organiza- tions affiliated with the American Federation of Labor, admitting to membership employees of the Company. Independent Starch Workers Union is an unaffiliated labor organi' zation, admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION During April 1943, the United requested the Company to recognize it as exclusive collective bargaining representative of the employees at the Decatur plant. The Company refused this request. 584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Since 1941 the Independent and the Company have had annual ex- clusive collective bargaining contracts. The last contract was entered into on October 7, 1942, and provides that it shall remain in effect until October 7, 1943, and from year to year thereafter unless notice of a desire to terminate is given by either party thereto at least 30 days prior to any annual expiration date. The Independent contends that its contract with the Company is a bar to the instant proceeding and urges that the petition of the United be dismissed. Inasmuch as the contract of October 7, 1942, has but several weeks to run and the United made its demands upon the Company prior to September 7, 1943, the date upon which the contract can automatically renew itself, we find that the contract does not constitute a bar to a determination of representatives at this time for the purpose of certi- fying a bargaining representative for the period following October 7, 1943, if one is desired. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the United represents a substantial number of employees in the unit hereinafter found to be appropriate 2 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. TIlE APPROPRIATE UNIT The I. B. E. W. contends that all electrical workers employed by the Company constitute an appropriate unit. The United, the Inde- pendent, and the Company contend that all employees of the Com- pany, including the employees claimed by the I. B. E. W., but exclud- ing foremen, assistant foremen, office and clerical employees, drafts- men, engineers, and chemists, constitute an appropriate unit. In a prior proceeding involving the Company,3 the Board denied the I. B. E. W.'s claim for a separate unit of electricians.' There has been no material change in the business and managerial organization of the Company since the date of the hearing in the prior representa- tion case and the duties of the electrical employees are substantially the same as they were at that time. The employees claimed by the I. B. E. W. are covered by the contract between the Company and the Independent and they are being represented by that organization. Upon the basis of the entire record and in agreement with our prior decision, we find that the separate unit urged by the I. B. E. W. is Y The Regional Director reported that the United presented 785 authorization cards bear- ing apparently genuine signatures of persons whose names appear on the Company pay roll of July 28 , 1943. There are approximately 1,500 employees in the appropriate unit. The Independent did not present any evidence of representation but relies upon its contract as evidence of its interest in the instant proceeding. 8 Matter of A. E. Staley Manufacturing Company, et al., 31 N. L. R. B. 946. A. E. STALEY MANUFACTURING COMPANY 585 inappropriate and that the plant unit is the appropriate unit for the Company's employees at Decatur. We find, in substantial agreement with a stipulation of the Com- pany, the United, and the Independent, that all production and main- tenance employees at the Decatur plant of the Company, including hourly paid plant clerks, hourly paid gang bosses, hourly paid truck drivers, extra board employees, plant control employees, and watch- men,' but excluding salaried truck drivers, draftsmen, engineers, chemists, office and clerical employees, foremen, assistant foremen, and any other supervisory employees with authority to hire, promote, dis- charge, 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 .5 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with A. E. Staley Manu- facturing Company, Decatur, Illinois, 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 supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Ar- ticle 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 said pay-roll period because they were ill or on vacation or temporarily 4 The record indicates that the-watchmen are unarmed and not sworn as Auxiliary United States Military Police. 6 This is substantially the same unit that is provided for in the contract bet's een the Independent and the Company. 586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by United Automobile Workers of America, affiliated with the American Federation of Labor, or by Independent Starch Workers Union, for the purposes of collective bargaining, or by neither. ORDER IT Is HERT. Y ORDERED that the petition for investigation and certifi- cation of representatives of employees of A. E. Staley Manufacturing Company, Decatur, Illinois, filed by Local Union 146, International Brotherhood of Electrical Workers, A. F. of L., be, and the same hereby is, dismissed. CHAIRMAN MILLIS took no part in the consideration of the above Decision, Direction of Election and Order.