Clinton Co.

In the Matter of CLINTON COMPANY and OFFICE EMPLOYEES UNION No. 22291, OF CLINTON, IOWA Case No. R-193.3.-Decided July 27, 1940 Jurisdiction : corn and soy bean products manufacturing industry. Investigation and Certification of Representatives : existence of question where employer refuses to accord full recognition to union and requests that certi- fication be obtained ; election necessary. Unit Appropriate for Collective Bargaining : all office employees, foremen, chemists, and engineers ; stipulation as to. - Mr. Emmett P. Delaney and Mr. Franklin A. George, of Clinton, Iowa, for the Union. Cobbs, Logan, Boos, cQ Armstrong, by Mr. George,B. Logan, of St. Louis, Mo., for the Company. Mr. Willian Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 28, 1940, Office Employees Union No. 22291, of Clinton, Iowa,' herein called the Union, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota), a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of "Clinton Company, Clinton, Iowa, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 8, 1940, 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 appropriate hearing upon due notice. On June 18, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. The petition was filed in the name of Office Workers and Foremen's Union Local No. 22291. The name of the union was correctly stated at the hearing -25 N. L. R. B., No. 102. 934 CLINTON COMPANY 935 Pursuant to notice, a hearing was held'on July 8, 1940, at Clinton, Iowa, before Henry W. Lehmann, the Trial Examiner duly desig- nated by the Board. The Company and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. Upon the entire record in the case the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Clinton Company is a corporation, organized under the laws of the State of Iowa, and is a subsidiary of National Candy Company, of St. Louis,. Missouri. The Company is engaged in the manufacture,- sale, and distribution of various corn and soy bean products. The Company purchases corn, soy beans, crude corn oil, crude soy bean oil and other supplies. During the calendar year 1939 the Company's purchases were valued at approximately $5,000,000, and during the first 4 months of 1940. at approximately $1,800,000. About 67 per cent of the 1939 purchases and about 74 per cent of the 1940 pur- chases came from points outside the State of Iowa. The Company's products for 1939 were valued at approximately $11,000,000 and for the first 4 months of 1940, at approximately $4,000,000. More than 98 per cent of the Company's sales during these periods were made to purchasers outside the State of Iowa. The Company employs more-than one thousand persons. II. THE ORGANIZATION INVOLVED Office Employees Union No. 22291, of Clinton, Iowa, is a labor or- ganization affiliated with the American Federation of Labor. It admits to membership salaried and office employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On about May 1, 1940, the Union requested the Company to bar- gain collectively. The Company refused to bargain with the Union unless and until the Board has certified that a majority of the em- ployees within an appropriate unit have designated the Union as their collective bargaining agent. From a statement of the Trial Examiner, made at the hearing, it appears that the Union has a substantial membership among the employees of the Company. We find that a question has arisen concerning the representation of employees of the Company. 936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes- burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union and the Company stipulated and we find that office employees, foremen, chemists, and engineers employed by the Com- pany, excluding all other employees of the Company, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and other- wise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find, that the question concerning representation can best be resolved by means of an election by secret ballot and we shall direct the holding of such an election. The parties agreed and we find that the persons named on a list introduced into evidence should be eligible to vote in the election. The parties further agreed and we find that in the event any person named on this list should cease permanently to be an employee of the Company the employee assigned to the position of the named employee should, in his stead, be eligible to participate in the election. Eligi- bility shall be limited to persons employed prior to the date of this Direction of Election. Upon the basis of the above findings of fact and upon the entire record in the case the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Clinton Company, Clinton, Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na- tional Labor Relations Act. 2. All office employees, foremen, chemists, and engineers of the Company, excluding all other employees of the Company, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CLINTON COMPANY 937 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, Re- lations Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargain- ing, 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 of Election, under the direction and supervision of the Regional Director for the Eighteenth Region,. acting in the matter as agent for the National Labor Relations Board and subject to Article III, Section 9 (c), of said Rules and Regulations, among all office' em- ployees, foremen, chemists, and engineers of Clinton Company, Clin- ton, Iowa, whose ^ names appear` on the list in evidence who have not since quit or been discharged for cause, and including any, em- ployee who, prior to the date of this Direction of "Election, has replaced an employee named on the list- in evidence who has quit or been discharged for cause, and excluding all other employees of the Company, to determine whether or not they desire to be repre- sented by Office Employees Union No. 22291, of Clinton, Iowa, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MIS. WILLIAM M. LEisERsON took no part in the consideration of the above Decision and Direction of Election.