The Rath Packing Co.

In the Matter of THE RATH PACKING COMPANY and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL 46, C. I. O. - Case No. B-4379.-Decided October 29, 1942 Jurisdiction : livestock products processing and marketing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; labor organization which presented no evidence in support of its claim of representation excluded from ballot; election necessary. Unit Appropriate for Collective Bargaining : all hourly paid production and maintenance employees, including watchmen and stockyard employees, but excluding specified supervisory, clerical, and office employees, policemen, fire department employees, medical department employees, salesmen (includ- ing student salesmen), and outside truck drivers; stipulation as to Swisher, Cohrt & Gilliland, by Mr. B. F. Swisher and Mr. L. J. •Cohrt, of Waterloo, Iowa, for the company. Helstein & Hall, by Mr. Ralph L. Hall, of Minneapolis, Minn., and Mr. Anthony T. Stevens, of Des Moines, Iowa, for the United. Mr. S. L. Hudson, of West Terre Haute, Ind., for the Amalgamated. 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 Packinghouse Workers Organizing Committee, United Packinghouse Workers of America, Local 46, C. I. 0., herein called the United, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of The Rath Packing Company, Waterloo, Iowa, 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 Waterloo, Iowa, on October 13, 1942. At the commencement of the hearing, the Trial Examiner granted a motion of Amalgamated Meat Cutters 45 N. L. R. B., No. 26. 493508-43-vol 45-9 129 130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD & Butcher Workmen of North America, Local 380, A. F. of L., herein called the Amalgamated, to intervene. The Company, the United, and the Amalgamated participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence, bearing on the issues. At the close of the hearing • counsel for the United move to exclude the Amalgamated from the ballot. The Trial Examiner reserved his ruling. The motion is hereby granted for the reasons set forth below. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On October 16, 1942, the Amalgamated filed a brief 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 The Rath Packing Company is an Iowa corporation with its principal plant at Waterloo, Iowa, where it is engaged in the slaughter- ing of'- livestock and the processing and marketing of livestock products. During 1941 the Company slaughtered approximately 2,000,000 head of livestock, 'approximately 400,000 head of-which were shipped to it from outside Iowa. During the same period the Com- pany sold products valued at about. $80,000,000, 90 percent of which represents sales of products shipped out of Iowa. H. THE ORGANIZATIONS INVOLVED Packinghouse Workers Organizing Committee, United Packing:, house Workers of America, Local 46, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. Amalgamated Meat Cutters & Butcher Workmen of North America, Local 350, is a labor organization affiliated with the American Fed- eration of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The United has requested the Company on several occasions to recognize it as exclusive representative of the Company's employees. The Company 'refused these,requests on the ground that the United was not the duly designated bargaining representative of its em- ployees. THE RATH PACKING COMPANY 131- A statement-of the Regional Director,. introduced into evidence at. the hearing, indicates that the United represents a substantial number of the 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 National Labor Rela- tions Act. - IV. THE APPROPRIATE UNIT - We find, in accordance with a stipulation of the parties, that all hourly paid production and maintenance employees of the Company, including watchmen and stockyard employees, but excluding execu- tives, superintendents, assistant superintendents, foremen, assistant. foremen, all other persons employed in a supervisory capacity, clerical employees (including test clerks), general office employees, superin- tendents' office employees, time office employees (including- time- keepers), employment office employees, policemen, fire department em- ployees, medical department employees, salesmen (including student salesmen), and outside truck drivers, 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 an election by secret ballot. The United urges that the pay roll of September 26, 1942, be used to determine eligibility to vote. The Company contends that a current pay roll should be used for that purpose and the Amalgamated has taken no position. Inasmuch as no reason appears why we should depart from our usual practice, we shall direct that the employees eligible to vote in the election shall be those in the 'appropriate unit who were employed during the pay-roll period immediately pre- ceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The United contends that the Amalgamated should not be accorded a place on the ballot. Although afforded ample opportunity to do so, the Amalgamated failed to present any evidence of representa- tion among the Company's employees to either the Regional Director 1 The Regional Director reported that the United presented 1,726 membership applica- tion cards bearing apparently genuine signatures . He further reported that of 302 cards selected for a spot check, 288 bear the signatures of persons who appear on the Company's pay roll of September 26, 1942. There are 4,789 names on that pay roll. The Amalga- mated did not present any evidence of representation to the Regional Director. 132 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD or the Trial Examiner. Since the Amalgamated has presented no evidence in support of its claim of representation, we shall not ac-.- cord it a place on the ballot. 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 The, Rath Pack- ing Company, Waterloo, Iowa, 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 Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject 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 preced- ing the date of this Direction, including any such employees who did not work during 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 or not they desire to be represented by Packinghouse Workers Organizing Com- mittee, United Packinghouse Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective, bargaining. MR. GERARD D. REmLY took no part in the consideration of the 11bove Decision and Direction of Election.