Nampa Creamery Co.

National Labor Relations Board - Board Decisions

Mar 19, 1943

48 N.L.R.B. 292 (N.L.R.B. 1943)

fn the Matter of NAMPA CREAMERY COMPANY and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND
HELPERS OF AMERICA, LOCAL 483, A. F. OF L. _
Case No. R-4985.Decided"March 19,1943
Jurisdiction : dairy products industry.
-Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition: election necessary.
Unit Appropriate for Collective Bargaining : production and. maintenance em-
ployees, excluding clerical and field employees ; stipulation as to.
Mr. J. M. Kleiner, of Nampa, Idaho, for the Company.
Mr. Oscar S. Lawson, of Nampa, Idaho, for the'Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Team-
sters, Chauffeurs, Warehousemen, and Helpers of America, Local 483,
affiliated with 'the American Federation of Labor, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Nampa Creamery Com=
pany, Nampa, Idaho, herein called the Company, the National Labor
- Relations, Board provided for an appropriate hearing upon 'due
notice before Kemieth McClaskey, Trial Examiner. Said hearing was
held at Nampa, Idaho, on February 26, 1943. The Company and
the Union appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Nampa Creamery Company is an Idaho corporation, with its prin-
cipal office and plant at Nampa, Idaho, where it is engaged in the
48 N L. R B., No. 40.
292
NAMPA CREAMERY COMPANY 293
production, processing, selling, and distribution of poultry, eggs,
milk, cream and butter, and other poultry and dairy products. Ap-
proximately 115 percent of the raw materials purchased by the Com-
pany each year is shipped,from points outside the State. of Idaho.
During the same period approximately '75' percent of its sales is
shipped to points outside the State of Idaho. -
H. THE ORGANIZATION INVOLVED
International , Brotherhood of Teamsters, Chauffeurs, Warehouse-
men, and Helpers of America, Local No. 483, affiliated with the Ameri-
can Federation of Labor, is a labor organization, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION -
In the early part of February 1943, the Company received a letter
from the Union, wherein the Union requested recognition as the bar-
-gaining agent for.the Company's employees. Shortly thereafter, at
a coi ference ,'attended by the president of the Company, a representa-
tive of the Union, and an agent for the Board, the Company refused
to recognize'the Union.
A statement prepared by a Field Examiner, introduced in evidence
at the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
-Relations Act.
IV. THE APPROPRIATE UNIT
We find, in, accordance with a stipulation of the parties, that all
production and maintenance employees employed at the Company's
Nampa, Idaho, plant, excluding clerical and field employees, and
supervisory employees with the authority to hire or discharge, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has. arisen be resolved by an election by secret ballot among the em-
i The Field Examiner 's statement shows that the Union submitted 15 application authori-
zation cards , 13 of which bear the apparently genuine signatures of persons whose names
are on the Company's pay roll for the week ending January 30 , 1943 ; all the cards are
dated January 1943 . There are approximately 17 employees in the appropriate unit.
`294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
-herein, subject to the limitations and additions set forth in the
.Direction.
-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 ' Relatioris
Act, and pursuant to Article III, Section 9, of National Labor Rela-
_tnons Board Rules and Regulations=Series 2, as amended, it is hereby
Dn ECTED that , as part of the investigation to ascertain repre-
sentatives for' the purposes of collective bargaining with Nampa
Creamery Company, Nanipa ; Idaho, 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 , under the direction aiicl ' supervision
.of the Regional Director for the Nineteenth Region, acting in this
-matter as;agent for the National tabor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations , among the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately, 'preceding the
date of this ' Direction , including employees who did not work during
such pay-roll period because they were ill or on vacation or temporarily
laid off , and including employees in the armed forces of the United
States who present themselves in person at the polls , but excluding
employees who have ,since , quit or been discharged for cause , to deter-
mine whether or not they desire to be represented by International
Brotherhood of Teamsters, Chauffeurs , WTarehousemen , and Helpers
of America , Local No. 483, affiliated with the A.- F. of L ., for the pur-
poses of collective bargaining.