Swift & Co.

In the Matter of SwrFT & COMPANY and INDEPENDENT MEAT PACKERS ASSOCIATION (UNAFFILIATED ) Cage No. R-3674 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 6, 1943 On June 25,1942, the National Labor Relations Board issued a Deci- sion and Direction of Election in the above-entitled proceeding.,, On July 7, 1942, the Board issued a Supplemental Decision and Amend- ment to Direction of Election.2 Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on July 24, 1942, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On July 27, 1942, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. On July 29, 1942, Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 495, herein called the A. F. of L., filed objections to the conduct of the ballot and the Election Report. On September 3, 1942, the Regional Director issued a Report on Objections. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list------------------------------------ 627 Total ballots cast----------------------------------------- 532 Total ballots challenged ---------------- -------------------- 15 Total blank ballots---------------------------------------- 1 Total void ballots----------------------------------------- 7 Total valid votes counted---------------------------------- 509 Votes cast for Independent Meat Packers Association (IMPA) ----------------------------------------------- 325 Votes cast for Butchers Union No. 495 (AFL) --------------- 176 Votes cast for neither of the organizations------------------ 8 141 N. L. R. B. 1251. z 42 N. L. R. B. 108. 47 N. L. R. B., No. 47 374 SWIFT & COMPANY 375 On December 19, 1942, the Board, having duly considered the mat- ter, referred the proceedings to the Regional Director for the purpose of a hearing on one of the objections. Pursuant thereto a hearing was held on Jall'uary 15, 1943, at Cleveland, Ohio, before John R. Hill, Trial Examiner. The Company, Independent Meat Packers Associa- tion, herein called the Independent, and the A. F. of L., appeared, participated, and were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and td introduce'evidence bearing on the issue. 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 The A. F. of L. contends that by the acts and conduct of one Free- man, an employee of the Company and an adherent of the Independ- ent, the employees were deprived of their free choice of representatives. The evidence indicates that during the morning of the election Free- man stood directly across the street from the polling place. The Board agent in charge of the election requested Freeman to leave, which Freeman did immediately. There is no evidence that on this occasion Freeman talked to, approached, or handed out leaflets to any em- ployees. About 5 minutes after this incident the Board agent received a report that Freeman was still within 300 feet of the polling place.8 Thereupon a Board agent, accompanied by an observer from the Inde- pendent and the A. F. of L., approached Freeman and obtained his removal from the restricted area. At the time of the latter incident Freeman was standing just within the prescribed area. Freeman was not seen within the prohibited area during the remainder of the day nor were any further complaints about his actions received by any Board agents. We find that the conduct of Freeman under the cir- cumstances herein described does not constitute interference with the conduct of the election. The objections of the A. F. of L. are hereby overruled. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Sections 9 and 10, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Independent Meat Packers Association (Unaffiliated) has been designated and selected by a majority of all 8 All parties agreed prior to the election that no electioneering would be permitted within a 300 -foot radius of the polling place. 376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD production and maintenance employees at the Cleveland, Ohio, plant of Swift & Company, excluding supervisory employees, office workers, salesmen, truck drivers, watchmen, the matron, and the bricklayer, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Independent Meat Packers Asso- ciation (Unaffiliated) is the exclusive representative of all such em- ployees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employ- ment.