Rickert Rice Mills, Inc.

In the Matter Of RICBERT RICE MILLS, INC. and INTERNATIONAL LONG- SHOREMEN'S AND WAREHOUSEMEN'S ^ UNION, DISTRICT 2, LOCAL 7, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R,9034.-Decided September 25,-1940 Jurisdiction : rice processing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining :, all regular employees, including watchmen, the plant engineer, and the plant electrician-carpenter; :-but ex- cluding supervisory workers, foremen having authority to hire and fire, clerical employees, the clean-rice foreman, the rough-rice foreman, and the assistant miller. St. Clair Adams and Son, by Mr. P. A. Bienivenu, of New Orleans, La., for the Company. Mr. Caleb D. Green, of New Orleans, La., for the Union. Mr. Robert F. Koretz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 10, 1940, International Longshoremen's and Warehouse- men's Union, District 2, Local 7, affiliated with Congress of Indus- trial Organizations, herein called the Union, filed a petition with the Regional, Director for the Fifteenth Region (New Orleans,, Louisi. ana) alleging that a question affecting commerce had arisen concern• ing the representation of employees of Rickert Rice Mills, Inc., New Orleans, Louisiana, 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 August 20, 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 in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 27 N. L. R. B, No. 98. 466 RICKERT RICE, MILLSI, INC. 467 August 23, 1940, the Regional Director issued a notice of hearing, copies of which, together with copies of the petition, were duly served upon the Company and upon the Union. Pursuant to notice, and to a notice of postponement duly issued and served upon the parties, a hearing was held on September 6, 1940, at New Orleans, Louisiana, before C. Paul-Barker, the Trial - Examiner duly designated-by the Board. The Company and the Union appeared and were represented by counsel or by a representative. All parties participated in the hearing and were afforded full opportunity to be heard, to, examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing the Trial Examiner ruled on an objection to the admission of evidence. The Board has re- viewed the ruling of the Trial Examiner and finds that no prejudicial error was committed.' The ruling is hereby affirmed. Upon the entire record in the case, the Board makes the following FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Rickert Rice Mills, Inc., a Louisiana corporation, is engaged in the business of buying, selling, and processing rice, nearly all of which it purchases in Louisiana, Arkansas, and Texas. Between-40 and 45 -per cent of the raw material processed by the Company, which ex- ceeds $100,000 in value per `annum, is purchased outside the State of Louisiana. More than 50 per cent of the Company's products, having a' value of over $100,000 per annum, are sold •and• shipped in interstate and foreign commerce to customers outside, the State of Louisiana. H. THE ORGANIZATION INVOLVED International Longshoremen's and Warehousemen's Unions District 2, Local 7, is a labor organization affiliated with Congress of Indus- trial Organizations. It admits to membership employees of the Company, excluding supervisory and clerical employees. III. THE QUESTION CONCERNING REPRESENTATION On or before July 1940 the Company was apprised that the Union claimed that it was designated by a majority of the Company's em- ployees within an appropriate unit as their representative for 'the purposes of collective bargaining, and was entitled to recognition as the exclusive bargaining agency for all such employees. The Com- pany refused and refuses to recognize the Union as the statutory rep- resentative of the said employees until the question of majority designation is determined. 468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD At the hearing there was introduced in evidence a report prepared by the Regional Director showing that a substantial number of the employees in the unit hereinafter found to be appropriate have des- ignated the Union as their representative for the purposes of collective bargaining. We find that a question has arisen concerning representation of employees of the Company. 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 between the States and foreign countries, and tends' to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT In its petition and at the hearing'the Union claimed that all regu- lar employees of the Company, exclusive of supervisory workers, fore- men having' authority to hire and fire, and clerical employees constitute a unit appropriate for the purposes of collective bargain- ing. The Company took no position with respect to the appropriate unit. ' At the hearing the Union further defined the scope of the unit alleged to 'be appropriate by expressing its desires concerning the inclusion therein or exclusion therefrom of certain specified em- ployees. The- Union- would include within the bargaining unit watchmen, the plant engineer, and the plant electrician-carpenter, all of 'whom are eligible to' membership in the Union. , It would exclude as supervisory employees,_ among others, the clean-rice foreman, the rough-rice foreman, and the assistant miller. The.record shows that these employees perform supervisory functions. The Union would exclude as a clerical employee, among others, ,William Woods, who checks lots of rice as they come from the mixing plant to the ware- house, checks the loading of cars for shipment, and performs other similar duties in the Company's warehouse. Woods does not per- form manual labor. Upon the foregoing we shall adopt the unit sought by the Union, the only labor organization here concerned. 1 The Regional Director reported that the Union submitted to him 107 membership appli- cation cards, bearing 101 apparently genuine signatures, of which 55 appeared to be the, signatures of persons whose names are on the Company's pay roll of May 10, 1940, con- taining 113 names, and of which 45 appeared to be the signatures of persons whose names are on the Company's pay roll of August 30, 1940, containing 84 names. ,RICKER'T RICE -MILLSI, INC., 469 • We find that all regular employees of the, Company, including watchmen, the plant engineer, and the plant electrician-carpenter, but excluding supervisory workers, foremen having authority to hire and fire, clerical employees, the clean-rice foreman, the rough-rice foreman, the assistant miller, and William Woods, 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 otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Pursuant to our usual practice we will select the pay-roll period immediately preceding the date of the Direction of Election for the purpose of determining eligibility to vote. We shall direct that those eligible to vote in the election shall be employees within the appropriate unit who were employed during the pay-roll period immediately preced- ing the date of the Direction of Election, including employees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding employees who have since quit or been discharged for cause. 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 Rickert Rice Mills, Inc., New Orleans, Louisiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All regular employees of the Company, including watchmen, the plant engineer, and the plant electrician-carpenter, but exclud- ing supervisory workers, foremen having authority to hire and fire, clerical employees, the clean-rice foreman, the rough-rice fore- man, the assistant miller, and William Woods, constitute a unit ap- propriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of 470 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD National Labor Relations Board -Rules and Regulations-Series 2, as amended, it is hereby - DIRECTED that, as part of the investigation, authorized.by'the Board to ascertain representatives for the purposes of collective bargaining with Rickert Rice Mills, Inc., New Orleans, Louisiana, 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 Fifteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all regular employees of the Company employed during the pay-roll period immediately preceding the date of this Direction of Election, including watchmen, the plant engineer, and the plant electrician-carpenter, and also including employees who did not work during said pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding supervisory work- ers, foremen having authority to hire and fire, clerical employees, the clean-rice foreman, the rough-rice foreman, the assistant miller, ,lVilliam Woods, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Longshoremen's and Warehousemen's Union, Dis- trict 2, Local 7, affiliated with Congress of Industrial Organizations, for the purposes of collective bargaining. . [SAME TITLE] . CERTIFICATION OF REPRESENTATIVES ` October 24, 1940 On September 25, 1940, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceed- ings. Pursuant to the Direction of Election, an election by secret ballot was conducted on October 3, 1940, at New Orleans, Louisiana, under the direction and supervision of the Regional Director for the Fifteenth Region (New Orleans, Louisiana). On October 4, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly- served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. RICKE^R'T RICE MILLSI, INC. 471 3 As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list------------------------------------- 115 Total ballots cast------------------------------------------- 88 Total-ballots challenged------------------------------------- Total blank ballots----------------------------------------- Total void ballots------------------------------------------- 0 Total valid votes cast---------------------------------------- 88, Votes cast for International Longshoremen's and Warehouse- men's Union, District 2, Local 7, affiliated with' C. I O. 85 'Votes cast against International Longshoremen' s and Ware- housemen's Union, District 2, Local 7, affiliated with C. I. O__ 3 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National' Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is HEREBY 'CERTIFIED that International Longshoremen's and .Warehousemen's Union, District 2, Local 7, affiliated with Congress of Industrial Organizations, has been designated and selected by a majority of all regular employees of Rickert Rice Mills, Inc., New Orleans, Louisiana, including watchmen, the plant engineer, and the plant electrician-carpenter, but excluding supervisory workers, fore- men having authority to hire and fire, clerical employees, the clean- rice foreman, the rough-rice foreman, the assistant miller, and William Woods, as their representative for the purposes of collec- tive bargaining, and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Longshoremen's and Warehousemen's Union, District 2, Local 7, affiliated with Con- gress 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 employment. 27. N. L. R. B., No 98a.