Lindner Packing and Provision Co.

In the Matter of LINDNER PACKING AND - PROVISION COMPANY and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICAN, AFL, PACKINGHOUSE WORKERS LOCAL 641 Case No. R-4319.-Decided October 08 , 1942 Jurisdiction : jobbing and meat packing industry. investigation and Certification of Representatives : existence of question: re- fusal to accord either of competing organizations recognition' until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding truck drivers, salesmen, office clerks, and specified super- visory employees ; agreement as to. M. Frank C. Myers, of Denver, Colo., for the Company. Mr. Roy Reese, of Salt Lake City, Utah, for the Amalgamated. Mr. Wyndham Mortimer, of Denver, Colo., for the PWOC. Mr. E. Christal, of Denver, Colo., for the Teamsters. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE 'CASE Upon petition duly filed by Amalgamated Meat Cutters and Butcher Workmen of North America, AFL, Packinghouse Workers Local 641, herein called the Amalgamated, alleging that a question affecting commerce had arisen concerning the representation of em- ployees `of Lindner Packing and Provision Company, Denver, Colo- rado, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Willard Y. Morris, Trial Examiner. Said hearing *as held at Denver, Colorado, on September 28, 1942. The Company, the Amalgamated, Packinghouse Workers Organizing Committee, C. I. 0., herein called the PWOC, and International Brotherhood of Teamsters, Chauffeurs,- Warehousemen and Helpers of America, herein called the Teamsters,` 1 The Teamsters appeared at the hearing only for the purpose of proving its oral agree- ment with the Company, as hereinafter set forth. 45 N. L. R. B., No. 21. 493508-43-vol. 45-7 97, I 98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence 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 I. THE BUSINESS OF THE COMPANY Lindner Packing and Provision Company-is a Colorado corpora- tion having its place of business at Denver, Colorado, at which it is engaged in jobbing and meat packing. During 1941 the Company's sales amounted to approximately $2,000,000, 25 percent of which was shipped to points outside the State of Colorado. During the same year the Company purchased livestock and dressed meat valued at $1,800,000, 50 percent of which was shipped to the Company's Denver plant from points outside the State of Colorado. The Com- pany admits it is engaged in interstate commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Amalgamated Meat Cutters amid Butcher Workmen of North Amer- ica, AFL, Packinghouse Workers Local 641, is a,labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. Packinghouse Workers Organizing Committee is a labor organiza- tion affiliated with the Congress of Industrial Organizations. It admits to membership employees of the- Company. International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees, of the Company. III. THE QUESTION CONCERNING REPRESENTATION Both the Amalgamated and the PWOC have requested the Com- pany to recognize them as exclusive bargaining agent, for the employ- ees of the Company in -the unit hereinafter found appropriate, but the Company has refused to recognize either until one is certified by the Board . The Teamsters represents the Company's truck drivers and salesmen by virtue of an oral agreement entered into with the Company `approximately 1 year previous to this proceeding. Neither of the other two unions involved herein challenges the Teamsters' right to represent the Company's truck drivers and salesmen. LINDNER PACKING AND PROVISION COMPANY '99 A statement by the Regional Director, introduced in evidence at the hearing, indicates that the Amalgamated represents a substantial number of employees in the appropriate unit.' 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 Amalgamated and the PWOC agree that the appropriate unit should consist of all production and maintenance, employees of the Company, excluding truck drivers, salesmen, office clerks, the super- visor of the city orders division in the shipping department, foreman of the sausage department, foreman of the sweet pickle department, and the' general supervisor, who is over all of the manufacturing departments. The Company took no position as to the appropriate unit. We find, in accordance with the above agreement of the unions involved, that all production and maintenance employees of the Com- pany, excluding truck drivers, salesmen, office clerks, supervisor of the city orders division in the shipping department, foreman of the sausage department, foreman of the sweet pickle department, and the general supervisor who is over all of the manufacturing departments, 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 an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our 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- 2 The statement of the Regional Director shows that the Amalgamated submitted to him 75 combination application -authorization cards, all of which appear to bear genuine original signatures. Seventy-one of the 75 cards are dated in July 1942 and 57 bear names of persons whose, names are on the Company's pay roll of September 3, 1942. The PWOC submitted 11 combination application-authorization cards , all of which appear to bear genuine original signatures. Nine of the 11 cards are dated in 1937 , the other 2 are dated September 1942, and 4 of the cards bear names of persons whose names are on the Company's pay roll of September 3, 1942. At the hearing the PWOC submitted 1 ad- ditional combination application-authorization card of a person whose name appeared on the Company 's pay roll of September 3, 1942. It appears that there are approximately 90 employees in the appropriate unit. 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Lindner Packing and Provision Company, Denver, Colorado, 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 supervision of the Regional Director for the Twenty-second Region, acting in this matter as agent for the Na- tional 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 employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during the said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily'laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by Amalgamated Meat Cutters and Butcher Workmen of North Amer- ica, AFL, Packinghouse Workers Local 641, or by Packinghouse Workers Organizing Committee, for the purposes of collective bargaining, or by neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.