Empire Milling Co.Download PDFNational Labor Relations Board - Board DecisionsMay 28, 1957117 N.L.R.B. 1782 (N.L.R.B. 1957) Copy Citation 1782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the meaning of Section 2 (11) of the Act.ls Accordingly, we shall exclude them from the unit. We find that the following employees constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All riggers and their apprentices who are employed in eastern Michigan by employer members of Machinery Movers and Erectors Division, Michigan Cartagemen's Association, but excluding all employees classified as teamsters , hoisting engineers, millwrights, office and shop clerical employees, master riggers, general master rig- gers, and supervisors as defined in the Act.17" 5. During the period January 1 to September 30,1956, the Employer employed an average of 457 riggers every month. The minimum monthly employment during the period was 417, and the maximum was 488. On these facts we find that employment in the unit is suffi- ciently stable to permit an election to be held herein. [The Board dismissed the petition as to Commercial Contracting Company.] [Text of Direction of Election omitted from publication.] 16 See Clackamas Logging Company, 113 NLRB 229 , 236; Whitmoyer Laboratories, Inc., 114 NLRB 749 . The fact that master and general master riggers are members of Riggers' Local 575 and handle union messages for their subordinates is irrelevant to the determina- tion of their supervisory status. See Local Union No. 878 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America , AFL (Arkansas Ex- press, Inc.), 92 NLRB 255, 266. 11 We have not accorded the Council or Carpenters a place on the ballot as they have not Indicated that they desire to represent riggers . These organizations will, however, upon proper application to the Regional Director , be placed on the ballot. Empire Milling Company and General Drivers , Warehousemen and Helpers Local Uniou No. 21, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help- ers of America, AFL-CIO, Petitioner. Case No. 14-RC-3156. May 28,1957 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Walter A. Werner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Chairman Leedom and Members Murdock and Rodgers]. 117 NLRB No. 243. EMPIRE MILLING COMPANY 1783 Upon the entire record in this case, the Board finds : 1. Empire Milling Company, herein called Empire, contends that its operations do not meet the Board's jurisdictional standards. Empire is engaged in the purchase of grain for resale at its plant in Hannibal, Missouri, where it maintains a grain purchasing office and limited storage facilities for the grain. However, most of Empire's grain is stored in the Hannibal Grain Terminal, a public warehouse, herein called Terminal, where Empire also maintains another grain purchas- ing office. The sale of Empire's grain is handled by the Northeast Grain and Brokerage Company, herein called Northeast, a commission grain broker. Terminal loads the grain on Mississippi River barges and title to the grain passes from Empire to the buyer sometime there- after. At the time shipment is made, neither Empire, Northeast, nor Terminal knows the destination of the grain. Payment is made by the buyer to Northeast, which in turn pays Empire the amount received less its commission. -Empire, Northeast, and Terminal all have the same officers and stockholders. While Empire and Terminal each has its own plant, Northeast's facilities consist solely of an office which also handles clerical work for the other two companies. The record indicates that Northeast also does sales work for companies other than Empire, but it appears that such other companies are under the same management and control as Empire, Northeast, and Terminal. It is thus clear from the foregoing that Empire, Northeast, and Terminal constitute an integrated enterprise engaged in the purchasing, warehousing, selling, and shipping of grain. Consequently, in view of their integration, and their common ownership and overall common management, we find that the three companies constitute a single employer for the purposes of determining jurisdiction.' During 1956, the Employer sold over $200,000 worth of grain to Continental Grain Company located at St. Louis, Missouri. Con- tinental annually ships grain valued in excess of $50,000 directly to points outside the State of Missouri. Thus, as the Employer furnishes goods valued at more than $100,000 to a company so engaged in commerce, its operations meet the Board's indirect outflow standard' Accordingly, we find that the Employer is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction in this proceeding. 2. The labor organization involved claims to represent employees of the Employer. 3 See : Crenshaw 's, Inc. , 115 NLRB 1374 , 1376; Venus Die Engineering Company, 110 NLRB 336 2 Jonesboro Grain Drying Cooperative, 110 NLRB 481, 484; Whippany Motor Co., Inc., 115 NLRB 52. 1784 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. In accordance with the parties' stipulation, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees of Empire Milling Company, employed at its 103 A. Broadway, Hannibal, Missouri, establishment, excluding guards, watchmen, professional employees, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] Consolidated Rendering Company, d/b/a Springfield Rendering Company and Harold E . Childs, Petitioner and Local #33, Amalgamated Meat Cutters & Butcher Workmen of North America, AFL-CIO Consolidated Rendering Company, d/b/a Springfield Rendering Company and Local #602, International Union of Operating Engineers , AFL-CIO, Petitioner Consolidated Rendering Company, d/b/a Springfield Rendering Company and Chauffeurs , Teamsters & Helpers Local #404 International Brotherhood of Teamsters , Chauffeurs, Ware- housemen & Helpers of America, AFL-CIO, Petitioner. Cases Nos. 1-RD-24f3,1-RC-4820, and 1-RC-4839. May 28,1957 DECISION AND ORDER Upon separate petitions 1 duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before William I. Shooer, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with these cases to a three-member panel [Chairman Leedom and Members Murdock and Rodgers]. Upon the entire record in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 1 The petitions filed in Cases Nos. 1-RC-4839 and 1-RD-243 sought an election in the existing production and maintenance unit. After the hearing in this proceeding , the Pe- titioners in these two cases requested that the Board grant them permission to with- draw their petitions . As none of the other parties herein oppose these requests , we shall grant them, with prejudice to the filing of new petitions by these parties for a period of 6 months from the date of this decision. Scars, Roebuck d Company, 107 NLRB 716. Cf. Carpenter Baking Company, Inc , 112 NLRB 288 117 NLRB No. 242. Copy with citationCopy as parenthetical citation