Land O'Lakes Dairy Co.

In the Matter of LAND O'LAKES DAIRY COMPANY 1 and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN & HELP- ERS OF AMERICA, LOCAL UNION 736, A. F. OF L. Case No. 18-R-1100.Decided November 14,1944 Mr. Harold Jordan, of St. Paul, Minn., for the Company. Mr. Greg Helvig, of Brainerd, Minn. , for the Union. Mr. Jack Mantel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Team- sters, Chauffeurs, Warehousemen, and Helpers of America, Local Union 736, A. F. of L., herein called the Union, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Land O'Lakes Dairy Company, Brainerd, Minnesota, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Clarence A. Meter, Trial Examiner. Said hearing was held at Brainerd, Min- nesota, on October 4, 1944. 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 evi- dence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. At the hearing, the Company moved to dismiss the petition on the grounds (1) that the Board lacked jurisdiction, and (2) that the Board should not proceed in the matter at this time, because of an election conducted by the State of Minnesota Labor Conciliator. The Trial Examiner reserved ruling on the motion for determination by the Board. For the reasons indicated below the motion to dismiss 1 The Trial Examiner granted the Union's motion to amend the formal papers so as to designate the company as set ' forth above, instead of Land O'Lakes Creameries , Incor- porated. 59 N. L. B. B., No. 53. 255 618683-45-vol 59-18 256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is hereby denied. All parties were afforded 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 Land O'Lakes Dairy Company, a Minnesota corporation, operates a plant at Brainerd, Minnesota, where it is engaged in the manufacture of powdered milk. Said plant is operated by the Company under a lease from the United States Government. The Company is a sub- sidiary of Land O'Lakes Creameries, Incorporated, herein called the Creamery Company. The Creamery Company provides the Dairy Company with raw materials which the Creamery Company secures from its member creameries in the vicinity of Brainerd, Minnesota. During the period of January 1 to October 1, 1944, the finished prod- ucts of the Dairy Company were valued at approximately $500,000, of which 95 percent was sold by the Creamery Company to the United States Government for Lend-Lease purposes. We find, contrary to the contention of the Company, that it is en- gaged in commerce with the meaning of the National Labor Relations Act 2 IT. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, Local Union 736, affiliated with the Ameri- can Federation of Labor, is a labor organization admitting to member- ship 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, because the Union lost an election which was conducted by the Minnesota Labor Con- ciliator on June 9, 1944, and contends that the Board is precluded from conducting another election among its employees until 1 year has elapsed from the date of such election. Although the Minnesota Labor Relations,Law provides that a petitioner is precluded from filing a new petition for the period of 1 year, unless unusual circumstances are shown, such law cannot operate to divest the Board of jurisdiction in this proceeding.3 Even if this Board had conducted the election held on June, 9, 1944, it would not constitute a bar to the present pro- 2 See Matter of Land O'Lakes Dairy Company, 48 N. L. R. B. 1028. 8 See Land O'Lakes Dairy Company, footnote 2, supra. LAND O'LAKES DAIRY COMPANY 257 ceeding, since •the ,Union has submitted a substantial number of des- ignations all dated, subsequent thereto, and indicating that a majority ' of the Company's employees presently desire representation by the Union.' A statement of the Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.5 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 substantial accordance with a stipulation of the parties that all production and maintenance employees at the Company's plant at Brainerd, Minnesota, excluding office and clerical employees, the plant manager, plant foreman, truck foreman, and all other super- visory employees with authority to hire, promote, discharge, disci- pline, 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 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 Rela- tions 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 Land O'Lakes Dairy Company, Brainerd, Minnesota, 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 super- 9 Matter of Wagner Electric Corporation, 53 N L R. - B. 543. 5 The Field Examiner reported that the Union submitted 18 application for membership cards , 9 of which were dated July 1944 , and 9 dated August 1944 . The Field Examiner further reported that there are 28 employees in the appropriate unit. 258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD vision 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 Regula- tions, 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 vaca- tion 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'reihstat'ed prior to the date of the election, to determine whether or not they desire to be represented by International Brotherhood of Teamsters, Chauffeurs, 'Warehousemen & Helpers of America, Local Union 736, A. F. of L., for the purposes of collective bargaining.