Consolidated Badger Cooperative

National Labor Relations Board - Board Decisions

Aug 12, 1943

51 N.L.R.B. 1252 (N.L.R.B. 1943)

In the Matter of CONSOLIDATED BADGER COOPERATIVE and DAIRY &
CREAMERY EMPLOYEES ' UNION, LOCAL No. 507, A. F. OF L.
Case No. R-5670.-Decided August 10, 19413
Wallrich cf Aschenbrenner, by Mr. Matt Wallrich, of Shawano,
Wis., for the Company.
Mr. Martin J. Yowng, of Green Bay, Wis., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Dairy & Cream-
ery Employees' Union, Local No. 507, A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con=
cerning the representation of employees of Consolidated Badger
Cooperative, Shawano, Wisconsin, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Stephen M. Reynolds, Trial Examiner. Said
hearing was held at Shawano, Wisconsin, on July 12, 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 on the issues. The Trial Exam
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Consolidated Badger Cooperative is a Wisconsin corporation
engaged in the purchase and sale of milk. The Company operates
seven- plants throughout the State of Wisconsin. We are here con-
cerned solely with its plant at Shawano, Wisconsin. The Company
51 N. L. R. B., No. 198.
1252
CONSOLIDATED BADGER COOPERATIVE 1253
purchases milk and supplies valued at about $5,000,000 annually, ap-
proximately 20 percent of which is shipped to it from points outside
the State of Wisconsin. The Company sells products valued in excess
of $7,000,000 annually, approximately 85 percent of which is shipped
to points outside the State of Wisconsin. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Dairy & Creamery Employees' Union, Local No. '507, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 26, 1943, the Union requested the Company to recognize
it as the exclusive bargaining representative of the employees at the
Shawano plant of the Company. The Company refused this request
until such time as the Union is 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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that .all production and maintenance employees at
the Shawano plant of, the Company, including truck drivers, but ex-
cluding clerical and supervisory employees, constitute an appropriate
unit. The Company contends that such employees at all of its seven
plants constitute a single appropriate unit.
The Company's principal plant and office is located at Shawano,
Wisconsin. In addition, it operates six small plants located from 26
to 47 miles from Shawano. Each of the small plants is supervised
directly by a resident manager. The Union has organized only the'
employees at the Shawano plant and has no jurisdiction over the
employees in the other plants. There is no indication that a majority
of the employees in any of the other plants desire collective bargain-
ing at this time. Although there is some interchange of employees be-
tween the Shawano plant and the other plants, most transfers are for
i The Regional Director reported that the Union presented 57 authorization cards bear-
ing apparently genuine signatures of persons whose names appear on the Company 's pay roll
of May 31 , 1943. There are approximately 102 employees in the unit.
1254 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the purpose of performing skilled maintenance operations on dairy
equipment. There has been no history of collective bargaining on a
plant or employer-wide basis. In view of the lack of organization
beyond the Shawano plant and the absence of any bargaining history,
we conclude that a unit limited to the Shawano plant is appropriate
at this time.
The Company, employs one laboratory employee at its Shawano
plant. Said employee is paid on the same basis as the other employees
and performs no supervisory duties. Accordingly, we shall include
him in the unit.
We find that all regular production and maintenance employees of
the Shawano plant of the Company, including truck drivers 'and the
laboratory employee, but excluding clerical employees and all super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively 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
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
We shall direct, in accordance with a stipulation of the parties, that
the employees eligible to vote in the election shall be those within the
appropriate unit whose names appear on the June 5, 1943, pay roll
of the Company, subject to the limitations and additions set forth in
the Direction of Election herein.
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 -Re'
lations 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 Consolidated
Badger Cooperative, Shawano, Wisconsin, 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 and super-
vision of the Regional Director for the Eighteenth 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,
CONSOLIDATED BADGER COOPERATIVE 1255
above, whose names appear on the June 5, 1943, pay roll, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves 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 Dairy & Creamery Employees' Union, Local
No. 507, A. F. of L., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.