Van Camp Milk Co.

In the Matter Of VAN CAMP MILK COMPANY and UNITED DAIRY WoRKERs, L. I. U., No. 83, AFFILIATED WITH THE C. I. O. Case No. R-2625.-Decided June 30, 1941 Practice and Procedure : petition dismissed where results of an election, held pursuant to a stipulation for certification upon consent election, show that no representative has been selected by a majority of the employees in the appropriate unit. Mr. Frank H. Bowen, for the Board. Mr. A. J. Baker, of Adrian, Mich., for the Company. Mr. Roy Seaggins, of Detroit, Mich., for the Union. Mr. Gilbert V. Rosenberg, of counsel to the board. DECISION AND ORDER STATEMENT OF THE CASE On April 21, 1941, United Dairy Workers, L. I. U. #83-C. I. 0., herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Van Camp Milk Company, herein called the Company, engaged in the processing of milk and milk products at Adrian, Michigan, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 23, 1941, the Com- pany, the Union, and the Regional Director ent:Ted into a "Stipula- tion For Certification on Consent Election." On May 28, 1941, the National Labor Relations Board, herein called the Board, acting pur- suant 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. Pursuant to the Stipulation, an election by secret ballot was con- ducted on June 3, 1941, under the direction and supervision of 33 N. L. R. B., No. 13. 59 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director among all production and maintenance em- ployees and truck drivers of the Company, excluding supervisory and office employees, the chemist, and the field man, to determine whether or not they desire to be: represented by the Union. On June 4, 1941,,the Region al.Director' issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In the Election Report, the Regional Director reported as follows concerning the ballot and its results : Toal_on eligibility list-- -------------------------------------- 25 Total ballots cast-------------------------------------------- 24 Total ballots challenged-------------------------------------- 0 Total blank ballots------------------------------'------------- 0 Total void ballots-------------------------------------------- 0 Total valid votes cast---------------------------------------- 24 Votes cast for.United Dairy Workers L. I. U. No. 83, Affiliated with the C. I. 0.--------------------=--------------------- 7 Votes cast against United Dairy Workers L. I. U. No. 83, Affiliated with the C. I. 0.------------------------------------------ 17 The results of the Election show that no representative has been selected by a majority of the employees in the appropriate unit. The petition of the Union for investigation and certification of rep= resentatives of the Company will therefore be dismissed. Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the rep- resentation, of employees of Vain Camp Milk Company, Adrian, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees and the truck drivers, excluding supervisory and office employees,'the chemist, and the field man, constitute a unit appropriate for the purposes of collective bar- gaining, within the meaning. of Section 9 (b) of the Act. ORDER By virtue of Section 9 (c) of the National Labor Relations 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 ORDERED that the petition for investigation and certi- fication of representatives of employees ofVan Camp Milk Company, Adrian, Michigan, filed by United Dairy. Workers, L. I. U. No. 83, Affiliated with the C. I. O. be, and it hereby is, dismissed. 1