Cargill, Inc.

In the Matter of CARGI1.L, INCORPORATED and FooD, TOBACCO, AGRICUL- TURAL AND ALLIED WORMERS OF AMERICA, LOCAL 492, AFFILIATED WITH UNITED GRAIN WORIcEES, C. I. 0. Case No. 18-R-1359.Decided January 5, 19.46 Mrs. Rosemary M. Moskalik, of Minneapolis, Minn., for the Com- pany. Mr. Jo/tn F. Larson, of Minneapolis, Minn., for the C. I. 0. Messrs. William D. Gunn and W. A. Younker, both of Minneapolis, Minn., for the A. F. L. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Food, Tobacco, Agricul- tural and Allied Workers of America, Local 492, affiliated with United Grain Workers, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Cargill, Incorporated, Minneapolis, Minnesota, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Stanley D. Kane, Trial Examiner. The hearing was held at Minneapolis, Min- nesota, on September 5, 1945. The Company, the C. I. O., and Ameri- can Federation of Grain Processors, Local No. 19159 (A. F. of L.). herein called the A. F. L., appeared I and participated. All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. At the hearing, the A. F. L. moved for dismissal of the petition herein. For reasons stated in Section III, infra, the motion is 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: 'Although duly notified , Carpenters and Joiners Local Union No. 7, affiliated with the American Federation of Labor, did not appear at the hearing 65 N L R Ii. No 34 679100-4s-vol B,ri--I a' 175 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE BUSINESS OF TIIE COMPANY Cargill, Incorporated, a Delaware corporation with its principal office and place of business located at Minneapolis, Minnesota, is en- gaged in handling, manufacturing, and processing feed products. For these purposes it operates a plant at Minneapolis, Minnesota, with which we are concerned herein. The Company receives daily at its Minneapolis plant approximately 150 tons of ingredients, valued at about $6,700, which are obtained from sources outside the State of Minnesota; these ingredients constitute approximately 60 percent of the total raw materials used by the Company. The Company ships daily from the plant to consumers and users outside the State of Min- nesota approximately 60 tons of feed; these shipments have a value of approximately $4,200, and represent about 25 percent of the total amount of the plant. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Food, Tobacco, Agricultural and Allied Workers of America, Local 492, affiliated with United Grain Workers, in turn affiliated with the Congress of Industrial Organizations; and American Federation of Grain Processors, Local No. 19152, affiliated with the American Fed- eration of Labor, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about June 31, 1945, the C. I. O. requested recognition from the Company as the representative of certain of its employees. The Company refused such recognition in the absence of certification by the Board. The record discloses that on or about October 16, 1944, the Company executed a contract with the A. F. L. covering the employees involved herein. This agreement was to be operative for a term of 1 year, com- mencing October 17, 1944, and for yearly periods thereafter in the absence of notice by either party to the other sixty (60) days prior to any anniversary date of a desire to terminate the agreement. Since the C. I. O. apprised the Company of its representation claim before the 1945 effective date of the automatic' renewal clause, the contract, contrary to the A. F. L.'s contention, does not constitute a bar to a. current determination of representatives.' 2 See Matter of Service Wood Heed Co , Inc., 41 N L It. B. 45. CARGILL, INCORPORATED 177 The A. F. L. adduced evidence to the effect that, subsequent to the execution of the 1944 agreement, it applied to the War Labor Board for wage increases, and that, on or about August 11, 1945, that agency granted this application. This evidence was introduced in support of the A. F. L.'s motion to dismiss the petition, apparently as a basis for asserting the applicability of the Allis-Chalmers 8 doctrine. The record indicates, however, that the A. F. L. has engaged in contractual relations with the Company since 1942, and, therefore, was not a newly recognized agent at the time the War Labor Board proceedings were initiated. Consequently, a current determination of representatives is in no way precluded 4 A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. 0. represents a substantial number of em- ployees 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 Substantially in accordance with the agreement of the parties, we find that all production and maintenance employees of the Company at its Minneapolis, Minnesota, plant, including watchmen, but ex- cluding office employees, apprentices, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive 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 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. 8 See 50 N. L. R. B. 306. 4 Matter of Foster-Grant Co , Inc., 54 N. L. R B 802. 8 A Field Examiner reported that the C. I 0 submitted 58 application cards bearing the names of 55 employees listed on the Company's pay roll of August 1, 1945. There are approximately 86 employees in the appropriate unit. The interest of the A F. L. in the proceeding is established by its contract with the Company, dated October 16, 1944. 178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations 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 Cargill, Incor- porated, Minneapolis, Minnesota, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) 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 Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among em- ployees 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 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 reinstated prior to the date of the election, to determine whether they desire to be represented by Food, Tobacco, Agricultural and Allied Workers of America, Local 492, affiliated with United Grain Workers, C. I. 0., or by American Federation of Grain Processors, Local No. 19152 (A. F. of L.), for the purposes of collective bargaining, or by neither.