Fairmont Creamery Co.

National Labor Relations Board - Board Decisions

Apr 30, 1947

73 N.L.R.B. 792 (N.L.R.B. 1947)

In the Matter of FAIRMONT CREAMERY Co., EMPLOYER and AMALGAM-
ATED MEAT CUTTERS &'- BUTCHER WORKMEN OF NoirrH AMERICA,
AFL, PETITIONER
Case No. 17-R-1707.-Decided April 30, 191,,7
Messrs. C. B. Evinger and Ed TPergin, of Omaha, Nebr., for the
Employer.
Messrs. C. B. Heninger and T17. J. Pathe, of Omaha, Nebr., for the
Petitioner.
Mr. George M. Yaghjian, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board,
on January 24; 1947, conducted a prehearing election among the em-
ployees in the alleged appropriate unit, to determine whether or not
they desired to be represented by the Petitioner for the purposes of
collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 31 eligible
voters, of whom 23 voted for, and 5 against, the Petitioner.
Thereafter, a hearing was held at Omaha, Nebraska, on March 5,
1947, before Robert S. Fousek, hearing officer. The hearing officer's
rulings are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Fairmont Creamery Company, a Delaware corporation with its prin-
cipal place of business at Omaha, Nebraska , operates a plant at Loup
City, Nebraska, where it is engaged in purchasing, processing and
distributing poultry, eggs and dairy products. During 1946, the Em-
ployer purchased for processing at its Loup City plant, products valued
in excess of $25,000, all of which originated within the State of Ne-
73 N. L . R. B, No. 148.
792
FAIRMONT CREAMERY CO. 793
braska. During the same period, the Employer sold from this plant
products valued in excess of $25,000. of which more than 50 percent
was sold and shipped outside the State.
The Employer admits and we find that it-is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Ameri-
can Federation of Labor, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representatives of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit of all production and maintenance em-
ployees, including driver-buyers and the cream tester, but excluding
hatchery, office and supervisory employees. The Employer agrees
generally with the unit. It would, however, exclude the driver-buyers
and the cream tester.'
There are five driver-buyers. They purchase poultry and eggs
from farmers and haul their purchases to the plant. The driver-
buyers grade, appraise and weigh the commodities purchased. They
may bargain as to the pound price. After that has been agreed upon,
they pay the farmer spot cash, using the Employer's money in mak-
ing purchases. Each driver is bonded. The driver-buyers truck
their purchases back to the plant daily, check in rather late, unload
and put up their trucks. They work longer hours than the plant
production workers. Occasionally, when unable to go out on their
routes, they may work in or around the plant; for example, in trans-
ferring produce from one department to another. But the percent-
age of time spent by driver-buyers in such work at the plant is ad-
mittedly very small. They receive from 5 to 15 cents per hour more
than the plant production workers, and are under the direct super-
vision of a route supervisor at the plant, who reports to the plant
manager.
1 There is no evidence as to whether the driver-buyers and the cream tester voted in the
election
794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The majority of workers in the proposed unit consist of 18 female
poultry pickers and egg candlers.2 It is evident that, with respect
to their qualifications, type of work and working conditions, the
driver-buyers' interests-do not lie with those of the production and
maintenance employees. Accordingly, we shall exclude the driver-
buyers from the unit.
The cream tester is the only individual so employed at the plant .3
She occupies a small room or office, large enough to hold the equip-
ment for testing cream. The room contains a centrifuge, laboratory
scales to weigh samples of cream, various jars of acid, and a desk
used by her in writing reports and checks. She is licensed by the
State. She takes a sample of cream from each lot and tests it for
butterfat content. Determining the total number of pounds of but-
terfat in the particular lot of cream and knowing the price per
pound of butterfat, she arrives at the total pay to be given the pro-
ducer. She then writes a check to cover the amount and gives it
to the producer. She is the only employee authorized to issue checks
in payment for cream. In addition, she keeps detailed records show-
ing the producer's name, date of receipt of the product at the plant,
the total weights, and the percentage by test of butterfat in each
lot of cream. She also receives the eggs brought to the plant. After
they have been sorted by the egg graders and candlers, who deter-
mine the grades and amounts in each shipment received, she deter-
mines the amount to be paid to the producer and draws the checks
for the eggs. Under the circumstances here shown, we do not believe
that the cream tester's interests lie with the production and mainte-
nance workers. We shall exclude her-from the proposed unit.
We find that all production and maintenance employees of the Em-
ployer at its Loup City, Nebraska, plant, excluding driver-buyers,
cream tester, hatchery employees, office employees, and all super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held before the hearing show that the
Petitioner has secured a majority of the valid votes cast. Accord-
ingly, we shall certify the Petitioner as the collective bargaining
representative of the employees in the appropriate unit.
2 Other employees in the bargaining unit consist of poultry feeders, killers and packers.
During the flush season or in an emergency , she may be relieved by an employee classi-
fied as a "butter man."
FAIRMONT CREAMERY CO.
CERTIFICATION OF REPRESENTATIVES
795
IT IS HEREBY cERrIFIED that Amalgamated Meat Cutters & Butcher
Workmen of North America, AFL, has been designated and selected
by a majority of all employees of Fairmont Creamery Co., Loup City,
Nebraska, in the unit found to be appropriate in Section IV, above,
as their representative for the purposes of collective bargaining and
that pursuant to Section 9 (a) of the Act, the said organization is the
exclusive representative of all such employees for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.