Kansas City Terminal Elevator Co. v. N.L.R.B.
| Decision Date | 12 January 1983 |
| Docket Number | No. 82-1387,82-1387 |
| Citation | 697 F.2d 269 |
| Parties | 112 L.R.R.M. (BNA) 2396, 96 Lab.Cas. P 13,993 KANSAS CITY TERMINAL ELEVATOR COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Stephen P. Dees, Stinson, Mag & Fizzell, Kansas City, Mo., for petitioner.
Elinor Hadley Stillman, Robert I. Tendrich, William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for respondent.
Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.
This action arises out of a refusal by the Kansas City Terminal Elevator Company (Company) to bargain with the American Federation of Grain Millers, AFL-CIO, Local No. 16 (Union). The Union represents production and maintenance employees at the company terminal elevator No. 1, in Kansas City, Missouri. The National Labor Relations Board determined that the Company's refusal to bargain constituted an unfair labor practice in violation of Sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. Sec. 158(a)(5) and (1) (1976). The Board issued an appropriate order requiring the Company to bargain with the Union. The Company petitions for review, maintaining that the Board did not approve an appropriate bargaining unit. The Board, in turn, applies for enforcement of its order. After reviewing the record, we grant enforcement. The designation of the appropriate bargaining unit in this case falls within the Board's discretion and is supported by substantial evidence.
The Company objects to the unit because the unit does not include a second elevator (Elevator No. 2), also owned by the Company and located within four miles of Elevator No. 1. The Company asserts that these two elevators operate as a single unit and that the employees of the two elevators constitute the sole, proper bargaining unit. At a hearing on the representation petition, however, the Kansas City, Missouri Regional Director (Board Region 17) disagreed with this argument. The Regional Director found that the production and maintenance workers of Elevator No. 1 constituted an appropriate bargaining unit.
Thereafter, the Union won an election conducted at Elevator No. 1, and the Board certified the Union as the unit's bargaining representative. The Company refused to bargain, however, as a means of protesting the appropriateness of the unit, and the Union filed an unfair practice charge against the Company. The Board granted summary judgment 1 against the Company, based on the prior representation hearing. The proceedings now before us...
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N.L.R.B. v. Cell Agricultural Mfg. Co.
...exclusive representatives), cert. denied, --- U.S. ----, 113 S.Ct. 2334, 124 L.Ed.2d 246 (1993); Kansas City Terminal Elevator Co. v. NLRB, 697 F.2d 269, 270 (8th Cir.1983) (per curiam) (holding that single plant was appropriate unit after applying community-of-interests analysis). Such a p......
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Noranda Aluminum, Inc. v. N.L.R.B., 84-1405
...(8th Cir.1983). The Board need only choose an appropriate unit, not the most appropriate one. Id.; Kansas City Terminal Elevator Co. v. NLRB, 697 F.2d 269, 270 (8th Cir.1983) (per curiam). In sum, while we might not have reached the same conclusions as the Board did were we deciding the mat......