Moore-Lowry Flour Mills Co.

In the Matter Of MOORE-LOWRY FLOUR MILLS COMPANY and FLOUR MILL AND CEREAL WORKERS UNION, No 20601, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR and LOCAL INDUSTRIAL UNION No 1169, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI- ZATIONS Cases Nos. R-4002 and R-4003 -Decided July 10,194 Investigation and Certification of Representatives : stipulation for certification upon consent election Mr Joseph F. Watson, for the Board. Mr. E. F Merrill, of Kansas City, Mo, for the Company. Mr. R. F. Kroh, of Kansas City, Mo, for the A. F of L. Mr. Harvey C Fremnnhg, of Kansas City, Mo, for the C. I. O. Mr. A Sumner Lawrence, of counsel to the Board. DECISION AND CERTIFICATE OF REPRESENTATIVES STATEMENT OF THE CASE On December 29, 1941, Flour Mill and Cereal' Workers Federal Labor Union, No 20601, affiliated with the American Federation of Labor, herein called the A F of L , filed with the Regional Director for the Seventeenth Region (Kansas City, Missouri) a petition al- leging that a question affecting commerce had arisen concerning the representation of employees of Mooie-Lowry, Flour Mills Company, Coffeyville, Kansas, herein called the Company, engaged in the manu- factui e of flour and stock feeds On February 4, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations' Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appiopriate hearing' upon due notice. On February 19, 1942, Local Industrial Union No 1169, affiliated with the Congress of Industrial Organizations, herein called the C. I. O , filed with the Regional Ditector a petition similar to that filed by the A F of L On June 17, 1942, the Board issued an order directing 42N.LRB,No67 285 286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD an investigation and healing in the second case, and fuither of derecl that the cases be consolidated pursuant to Article III, Section 10 (c) (2) of the said Rules and Regulations On June 18, 1942, the Com- pany, the A F of L, , the C I O , and a Field Examiner foi the Board entered- into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION Pursuant to the Stipulation, an election by seci et -ballot' \w as con- ducted on June 23, 1942, under the direction and supervision of the Regional Director, among all employees of the Company employed in and `about its Coffeyville, Kansas, mill, excluding the mill superin- tendent, chief chemist, chemists, warehouse foreman, elevator fore- man, and office personnel, and further excluding any supervisory employee having the authority to hire o1 discharge employees, to determine whether they desired to be represented by the A F of L. o1 the C. I 0 for the purposes of collective bargaining, or by neither On June 24, 1942, the Regional l ii ectoi issued and duly served upon the parties his Election Report on the ballot No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties In his Election Report, the Regional_Diiector reported as follows concerning the balloting and its results i Total on eligibility list-------------------------------------- 48 Total ballots cast------------------------------------------ 46 Total ballots challenged------------------------------------- 0 Total blank, ballots_______ ------------------------------------------ 0 Total void ballots__________________________________________ 0 Total valid votes counted----------------------------------- 46 Votes cast for Floni Mill an(] Ceieal Woikers Union No 20601, affiliated with the Amer,can Fedeiation of Labor----------- 18 Votes 'cast for Local Industrial Union No 1169, affiliated with the Congress of Industiial Organizations------------------ 28 Votes cast fot Neithei______________________________________ 0 Upon the basis of the Stipulation, the Election Report. and entire record in the case, the Board makes the following FINDINGS OF FACT I i the 1 A question, affecting commerce has arisen concerning the repie- sentatlon of employees of Moore-Lowry Flour Mills Company, Coffey- ville, Kansas, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act 2 All employees of the Company employed in and about its Coffev- ville, Kansas,, mill, excluding the,mill superintendent, chief chemist, chemists, warehouse foreman, elevator foreman, and office personnel, and further excluding any supervisory employee having the authority -to hire,or discharge employees, constitute a unit appropriate for the MOORE-LOWRY FLOUR MILLS COMPANY - 287 purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act 3 Local Industrial Union No 1169, affiliated with the Congress of Industrial- Oiganizations , has been, designated and selected by a majority of the employees in the above unit as their repiesentative foi the purposes of collective bargaining and is the exclusive repie- sentative of all employees in said unit, within the meaning of Section 9 (a) of the National Laboi Relations Act CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the po«ei vested in the National Laboi Relations Board by Section 9 (c) of the National Labor Rela- tions Act, IT I5 HEREBY CERTIFIED that Local Indnstrial Union No 1169, affiliated with the Congiess of Industrial Oiganizations , has been designated and selected by a majority of all employees of the Com- pany employed in and about its Coffeyville, Kansas, mill, excluding the mill superintendent, chief chemist, chemists, warehouse foieman, elevator foreman ,, and office personnel , and further excluding any supeivisoiy employee having the authority to hire or discharge em- ployees, as then representative for the purposes of collective bai- gaining, and that, pursuant to the provisions of Section 9 (a) of the Act, 'Local Industi ial Union No "1169;: affiliated -with, the Congress of Industrial "Organizations , is-the exClusive'representative ;of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment , and other conditions of em- ployment