Quaker Oats Co.

In the Matter Of QUAKER OATS COMPANY and UNITED CEREAL WORKERS, LOCAL No. 633, (CIO) Case No. R-1801 AMENDMENT TO DECISION AND DIRECTION OF ELECTION AND ORDER OVERRULING MOTION FOR RECONSIDERATION AND REHEARING July 10, 1940 On June 11, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above, entitled proceeding.' The Direction of Election provides, that. an election by secret ballot shall be conducted in not less than thirty (30) nor more than sixty (60), days from the date of said Direction among certain employees of Quaker Oats Company, Akron, Ohio, herein called the Company, to determine whether or not they desire to be represented for purposes of collective bargaining by United Cereal Workers, Local 633, herein called the Union, a labor organization affiliated with Congress of Industrial Organizations. On June 29 the Company lodged with the Board its Exceptions and Motion for Reconsideration and Rehearing, wherein it excepts to the finding made in said Decision and Direction of Election that the maintenance or mechanical employees, powerhouse employees, and plant-service employees of the Company, herein called the non- production workers, are without the unit of employees appropriate for collective bargaining; and requests that the Board reconsider this finding, as well as the order based thereon excluding non-production workers from the election directed, and grant a rehearing upon this issue. We hereby order said document filed instanter as part of the record herein. The Company in connection with said exceptions represents, among other things, that the non-production workers were solicited by the Union in 1939 either to become members of that organization or to 124 N L. R B. 589 25 N L. R. B ; No. 34 275 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD designate it as collective bargaining representative; and concludes therefrom that the afore-mentioned finding in so far as it rests upon the further findings in said Decision set forth, that the Union had not undertaken organization among the non-production workers, that the Union "did" not admit them to membership and "does" not desire to represent them for collective bargaining purposes, was in error and cannot be sustained. Irrespective of whether the Union in 1939 de- sired these employees as members or to represent them, we have found, as set forth in the Decision, that it does not now admit them to mem- bership or desire to represent them. No satisfactory showing is made by the Company justifying a rehearing upon or a reopening of the record in this respect. With regard to the representation that in 1939 the Union did undertake organization among the non-production workers, we think that fact, if true, is without relevance in the absence of any further showing that such undertaking was successful. In the Decision we found that these "employees themselves have evinced no desire to be represented by the Union," and the Company in its excep- tions makes no contention to the contrary. To avoid any uncertainty concerning this matter, however, we shall amend the Decision and Direction of Election in manner hereinafter set forth. The Company in its exceptions adverts to a certain petition executed by certain of the non-production workers and other employees.2 We think that matter likewise immaterial. IT IS HEREBY ORDERED that the Decision and Direction of Election issued herein be, and the same hereby is, amended by striking from the second sentence of the third paragraph of Section V thereof that por- tion in words, as follows : Organization by the Union, the only labor organization involved, leas not been undertaken among them... . and substituting therefor the following : Successful organization by the Union, the only labor organization involved, has not occurred among them. . . . AND IT IS FURTHER ORDERED that the exceptions of the Company in said Exceptions and Motion for Reconsideration and Rehearing, be, and the same hereby are, overruled and its requests therein made, be, and the same hereby are, denied. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Amendment to Decision and Direction of Election and Order Overruling Motion for Reconsideration and Rehearing. 2 Nothing herein is to be taken as determinative of the legality under the Act of the action of the Company in connection with said petition of other matters set forth in its exceptions QUAKER OATS COMPANY 277 [SAME. TITLE AMENDMENT TO DIRECTION OF ELECTION July 31, 1940 A Decision and Direction of Election having issued in the above- entitled proceeding,' and the parties herein having thereafter stipu- lated and agreed, in substance, that the time within which the election there directed may be conducted, be extended ten (10) _days; now, therefore, in consideration of the foregoing, IT IS ORDERED that said stipulation and agreement be, and it hereby is, made part of the record herein, and IT IS FURTHER ORDERED that the Direction of Election herein be, and same hereby is amended, by striking therefrom the words "nor more than sixty (60) days" and substituting therefor the words "nor more than seventy (70) days." MR. WILLIAM M. LEISERSON took no part in the consideration of the above Amendment to Direction of Election. 124 N: L. R. B 589. 25 N. L. R B, No. 34a 283036-42-vol 25-19