Uhlmann Grain Co.

National Labor Relations Board - Board Decisions

Jun 3, 1943

50 N.L.R.B. 76 (N.L.R.B. 1943)

In the Matter Of UHLMANN GRAIN COMPANY and COMMERCIAL TELEG-
RAPHERS' UNION, WESTERN BROKER DIVISION, A. F. OF L.
Case No. R ,5301.Decided-June 3,19%3 ,
-Mayer, Meyer, Austrian d Platt,by Mr. Leo F. Tierney, of Chi-
cago, Ill:, for the Company.
Mr. W. L,. Allen, of Washington, D. C., and Mr. John B. Alcorn,
of Detroit, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
',STATEMENT OF THE CASE -
Upon petition duly filed-by Commercial Telegraphers' Union, West-
ern Broker Division, herein called the Union, alleging that a question
affecting commerce had arisen concerning, the representation of em-
ployees of Uhlmann Grain Company, Chicago, Illinois, herein called
the Company, the National Labor Relations Board provided, for an
appropriate hearing upon due notice before Russell Packard, Trial
Examiner. Said hearing was held at 'Chicago, Illinois, on May i 6,
1943., The Company and the Union' appeared and participated in
the hearing and all-parties were afforded full opportunity to be heard,,
to examine and cross-examine witnesses; and to introduce, evidence
bearing ,on 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
1. THE BUSINESS OF THE COMPANY
Uhlmann Grain Company is an Illinois corporation with its prin-
cipal place,of business at Chicago, Illinois. The Company is licensed
to do business in the States of Illinois, Missouri, Kansas; Texas, New
-'York, Minnesota, and Oklahoma. The Company maintains offices
at New York City, Chicago, Kansas City, Enid, Amarillo, Fort Worth,
50 N. L. R. B., No. 16.
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UHLMANN GRAIN COMPANY 77,
and- San Angelo, where it is engaged in buying and selling commodi-
ties such as grains, cottons, butter, and wool tops, both on a cash
and a futures basis. The Company is a member of the Chicago Board
of Trade, Kansas City Board of Trade, New York Produce Exchange,
Duluth' Board of Trade, Fort Worth, Grain and. Cotton Exchange,
Commodity Exchange, Inc., at New York City, New York Coffee and
Sugar Exchange, New York Cocoa Exchange, -and Chicago Mercan-
tile Exchange. During 1942 the Company's brokerage of grain fu-
tures was in excess of 100,000,000 bushels, 95 percent of which involved
interstate transactions. During the same period the Company's
transactions in cash grain exceeded 10,000,000 bushels, the greater part
of which resulted in interstate movement of the grail,. The Company
also trades on the Winnipeg Grain Exchange in Canada, where its
trade during 1942 approximated 5,000,000 bushels. During the same
period the Company dealt in 800 carloads of butter and eggs, 75 per-
cent of which involved interstate transactions, and 80,000 bales of
cotton and wool tops, practically all of which moved in interstate
commerce. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Commercial Telegraphers ' Union, Western Broker Division, is ft'
labor organization affiliated with the American Federation . of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 19, 1943, the Union, claiming to represent a majority of
the telegraphers'employed by the Company, asked the Company for
recognition as exclusive collective bargaining representative of such
employees. 'The Company refused this request until such time as the
Union was' certified by the Board.
A statement of the Regional Director, introduced into 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 Act.
IV. THE APPROPRIATE UNIT
The Union urges that all telegraphers at the Chicago, Kansas City,
Enid, Forth Worth, Amarillo, and-New York City Offices of the Com-
' The Regional Director reported that the Union presented nine membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of April 5, 1943. There are nine employees in the -appropriate unit -
'_7$ Y l ' DECISIONS OF NATIONAL LfABO'R RELATIONS BOARD
pang, constitute ,an appropriate unit. The Company contends that
the 'telegraphers at each of the six named offices constitute separate -
units. The parties are in further disagreement with respect ,to three -
ulleged supervisory employees., .
The Company employs three telegraphers at Chicago, four at Kan-,
sas City, and,one each at Enid, Forth Worth, Amarillo, and New York
City. All of the telegraphers involved transmit and receive market
intelligence, orders, price quotations, market change flashes, and trade
news over private wires of the Coinpany. The work of the teleg-
raphers at each of the offices is similar. In support of, its contention,
the Company,points out that the telegraphers at its various offices are
paid on different wage' scales, that the offices are widely separated
geographically, and that the telegraphers are hired locally at each
office. The Union's organization has progressed on a system-wide
basis. The Company's accounting is organized on a system-wide basis,
and the pay rolls of its various offices are sent `to the main office at
Chicago for accounting purposes. There is no history of collective
bargaining either on an individual office or on a system-wide basis.
Under all the circumstances we find that a system-wide unit of teleg-
raphers is appropriate.
Arthur Moloney and Earl Harmon are classified by the Company,
as chiefs of the wire rooms at Chicago and Kansas City, respectively.
The Union urges that they be included in the unit and the Company
that' they be excluded. Moloney and Harmon have the authority, to
hire and discharge and supervise all the employees in the wire rooms.
On occasion they act as relief telegrapher operators. We shall ex-
clude Harmon and Moloney from the unit as supervisory employees.
Francis C. Higgins is the only employee' at the Company's Ama-
rillo office. The Union'urges that he be included in the unit and the
Company that he be excluded. Higgins spends about 50 percent of
his time transmitting and receiving messages by telegraph. The
remainder of the time he solicits business and engages in other types
of work. The record indicates that Higgins does not exercise any
supervisory duties. We find that Higgins should be included in the
unit. I I
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We find that all telegraphers at the Chicago, Kansas City, Enid,
Fort Worth, Amarillo, and New York City.offices of the Company,
including Higgins, but excluding Moloney and Harmon, 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
We shall direct that the question concerning representation which
has arisen be resolved by 'means- of an election by secret ballot among
UHLMANN GRAIN COMPANY,' 79
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the employees 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Uhlmann Grain
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter as
agent for the National Labor 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 em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including employees who did not work during' said
'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
any who have since quit or been discharged for cause, to determine
whether or not they desire to • be• represented by Commercial Tele-
graphers' Union, Western Broker Division, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining.
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