Muskogee Dairy Products Co.

In the Matter Of MUSKOGEE DAIRY PRODUCTS CO., EMPLOYER and CHAUFFEURS, TEAMST E:RS, WAREHOUSEMEN AND HELPERS LOCAL UNION No. 516, INTERNATIONAL BROTHERHOOD OF CHAUFFEURS, TEAMSTERS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.,. PETITIONER Case No. 16-RC-386.-Decided August 2,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Evert P. Rhea,, hearing officer. The hearing officer's rulings 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. Houston and Murdock]. 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 claims to represent certain employees 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 appropriate unit : The Employer is engaged in the processing and manufacture of evaporated milk, cheese, and whey at its plant in Muskogee, Oklahoma. It employs about 15 people. The Petitioner seeks a unit of all production and maintenance em- ployees at the Employer's plant excluding A. A. Morgan, the mainte- nance mechanic, a general helper named John Smith, a porter named Nelson Glass, field solicitors, office employees, and supervisors as de- fined in the Act. The Petitioner and, the Employer disagree as to the inclusion of the following individuals : 85 N. L. R. B., No. 89. 520 MUSKOGEE DAIRY PRODUCTS CO. 521 Sam Trzcinski is referred to as plant operation foreman, and the Petitioner desires to exclude him as a supervisor . The record shows, however, that, while this employee is the most experienced worker in the plant, he has no authority to hire or discharge an employee or to effectively recommend such action. Nor is he authorized to grant or reconmiend any wage increases or take any disciplinary action with respect to any employee . He has, on infrequent occasions , been in charge of the plant in the absence of the general manager; but while acting in this capacity he performed only routine duties and was not given any authority to make decisions requiring the exercise of inde- pendent judgment. In these circumstances , we find he is not a super- visor as defined in the amended Act? We shall, therefore, include him in the unit. A. A. Morgan is the maintenance mechanic for the entire plant. He does pipefitting , repairs electric motors, and performs general main- tenance work on the plant machinery . In addition , he may assist in the manufacture of cheese by separating the milk or helping to load or unload necessary supplies. The Petitioner desires to exclude Morgan on the ground that he performs work which is within the jurisdiction of another labor organization. _ However, to exclude this employee on this ground alone would make the extent of the Petitioner 's organiza- tion controlling, contrary to the specific prohibition in the amended Act.2 As there appears to be no other reason for his exclusion we shall include this employee in the unit. Nelson Glass, is a porter whose principal duty is to keep the plant and its machinery clean. He may on occasion assist in loading or unload- ing trucks but because of his age he is generally employed only in plant housekeeping duties. The Petitioner would exclude this employee because he is a stockholder of the company . Evidence at the hearing, however, indicates that Glass has only a few shares of stock and does not participate in the management of the company or in the formation of its policies. Mere stock ownership in itself is insufficient reason to exclude an employee otherwise eligible .3 This employee shall, there- fore, be included in the unit. John A. Smith is a general helper around the plant who assists in operating the machinery used in the making of cheese or evaporated milk. He also does manual labor such as moving and sorting milk cans, cartons of cheese , or supplies . Although there is no basis for the Petitioner's assertion that this employee should be excluded on the ground that he is a clerical employee, the record does show that he is Matter of General Motors Corporation, 78 N. L. R. B. 72. s Section 9 (c) (5) See Matter of Beatrice Foods Company, 84 N. L. R. B. 512. 3 Matter of Alderwaood Products Corporation, 81 N. L . R. B. 136. :522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the son of the president of the company. Because of his relationship to management we shall exclude him from the unit 4 We find, therefore, that all production and maintenance employees including the maintenance man,' plant operation foreman,6 and por- ter,7 but excluding 8 all office employees and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION 9 As part of the investigation to ascertain representatives 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, 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 rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bar- gaining, by Chauffeurs, Teamsters, Warehousemen and Helpers Local Union No. 516, International Brotherhood of Chauffeurs, Teamsters, Warehousemen and Helpers of America, A. F. of L. 4 Matter of Alabama Brick i Tile Company, Inc., 80 N. L. R. B. 1365. A. A. Morgan. 6 Sam Trzcinski, Nelson Glass. As noted above, John A. Smith is excluded. v If the Petitioner does not wish to participate in an election for the unit herein found appropriate, it may withdraw its petition filed in this proceeding upon notice to that effect given to the Regional Director in writing within 10 days from the date of this Direction of Election.