A. E. Staley Manufacturing Company And United Grain Processors Union, Local 21490, Affiliated With The A. F. Of L., 946 (1941)

In the Matter of A. E. STALEY MANUFACTURING COMPANY and UNITED GRAIN PROCESSORS UNION, LOCAL 21490, AFFILIATED WITH THE A. F. OF L.

In the Matter of A. E. STALEY MANUFACTURING COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 146,

AFFILIATED WITH THE A. F. OF L.

In the Matter of A. E. STALEY MANUFACTURING COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE, No. 493 In the Matter of A. E. STALEY MANUFACTURING COMPANY and CARPENTERS LOCAL UNION No. 742 (A. F. L.) Cases Nos. R-2138 to R-2141 inclusive.-Decided May 17, 1941 Jurisdiction: corn and soy bean products manufacturing industry.

Investigation and 'Certification of Representatives: existence of question: conflicting claims of rival representatives; A. F. of L. affiliates who urged separate units for employees found to constitute a single unit, placed on ballot as joint representative affiliated with the A. F. of L.; election necessary.

Unit Appropriate for Collective Bargaining: production and maintenance employees at one of the Company's plants, including hourly paid plant clerks and hourly paid gang bosses, and excluding other clerical and supervisory employees; separate unit claims rejected where factors favor appropriateness of industrial unit.

Mr. Carl R. Miller, of Decatur, Ill., for the Company.

Mr. Alfred Chandler, Jr., of Chicago, Ill., Mr. James A. Glenn, of Washington, D. C., Mr. Joseph A. Briegel, of Chicago, Ill., and Mr.

A. W. Rader, of Keokuk, Iowa, for the Grain Processors.

Mr. Lawson Wimberly and Mr. A. L. Wegener, of Washington,

D. C., and Mr. H. F. Blades, of Decatur, Ill., for the I. B. E. W.

Mr. Jesse G. Stark and Mr. Harold H. Behnke, of Decatur, Ill., Mr.

J. T. Farr, and Mr. Paul Hutchings, of Washington, D. C., for the I. A. M.

Mr. Robert G. Williams and Mr. Jesse G. Stark, of Decatur, Ill., for the Carpenters.

Mr. C. C. Martin, of Decatur, Ill., for the I. S. W. U.

Mrs. Augusta Spaulding, of counsel to the Board.

946 947 DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 11, 1939, United Grain Processors Union, Local 21490, herein called the Grain Processors, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning representation of employees of A. E. Staley Manufacturing Company, Decatur, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Petitions were also filed on April 10, 1940, by International Brotherhood of Electrical Workers, Local Union 146, herein called the I. B. E. W., on May 20, 1940, by International Association of Machinists, Lodge No. 493, herein called the I. A. M., and on August 15, 1940, by Carpenters Local No. 742, herein called the Carpenters. The petitioning unions, all of which are affiliated with the American Federation of Labor, are herein called collectively the A. F. of L. unions. On September 23, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 14, 1940, the Board issued an order consolidating the four cases.

On October 17, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Grain Processors, the I. B. E. W., the I. A. M., and the Carpenters. On November 6, 1940, the A. F. of L. unions severally amended their petitions. Pursuant to notice, a hearing was held on November 7 and 8, 1940, at Decatur, Illinois, before Robert R. Rissman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by counsel and the A. F. of L. unions by their several representatives; all participated in the hearing. On February 7, 1941, the Board issued an order reopening the record, permitting the intervention of Independent Starch Workers Union, herein called the I. S. W. U., and referring the case to the Regional Director for further hearing.1 Pursuant to notice, a further hearing was held on March 1 The I. S. W. IT. was not permitted to intervene in the original hearing because the Board had, in a complaint proceeding, found that the I. S. W. U. was company-dominated and ordered the Company to disestablish it. Intervention in the representation proceeding was granted the I. S. W. U. and a further hearing ordered after the Circuit Court of Appeals 25 and 26, 1941, at Decatur, Illinois, before Robert R. Rissman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the I. S. W. U. were represented by counsel, the A. F.

of L. unions by their several representatives. All participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearings, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed.

On April 24, 1941, a hearing was held before the Board at Washington, D. C., for the purpose of oral argument. All parties appeared and presented argument. The Company and the I. S. W. U. filed briefs which the Board has considered.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY A. E. Staley Manufacturing Company is engaged in the manufacture, preparation, processing, sale, and distribution of corn and soy bean products. It has its main office and principal place of business in Decatur, Illinois.. The Company is the second largest enterprise in the corn milling wet process industry. It maintains sales offices in New York City, Chicago, Illinois, Boston, Massachusetts, and Atlanta, Georgia, and about 150 warehouses located throughout the United States. The Company operates plants at Painesville, Ohio, and Decatur, Illinois.

The plant at Decatur, Illinois, is the only plant involved in this proceeding. The principal raw products used by the Company are corn and soy beans; the principal supplies are coal, bags, cans, shipping cans, and chemicals. In 1939 the total value of all raw materials and supplies purchased by the Company for use at its Decatur plant was in excess of $21,000,000. About 90 per cent of the corn, about 95 per cent of the soy beans, and all the coal purchased by the Company were obtained within Illinois. About 50 per cent of the Company's remaining supplies were obtained from points outside Illinois. The principal products of the Company are cornstarch, corn syrup, crude corn sugar, gluten feed, corn oil, soy bean meal, and soy bean oil.

set aside the Board's order of disestablishment on the ground that the I. S. W. U. was not company-dominated. See Matter of A. E. Staley Manufacturing Company, a Corporation and United Grain Processors, Local 21490, affiliated with American Federation of Labor, Relations Board, 117 F. (2d) 868 (C. C. A. 7).

The Company annually sells and ships products ranging in value from $16,000,000 to $24,000,000, about 80 to 871/2 per cent of which are sold and shipped to points outside Illinois. During the 7-year period preceding 1940 the Company exported to foreign countries about 8 per cent of its products.

2. THE ORGANIZATIONS INVOLVED United Grain Processors Union, Local 21490, is a labor organization affiliated with the American Federation of Labor.

   International Brotherhood of Electrical Workers, Local Union 146, is a labor organization affiliated with the American...