Armour and Co.

In the Matter of ARMOUR AND COMPANY and PACKINGHOUSE WORKERS ORGANIZING CoDIi1I1rTEE, LOCAL No. 15, AFFILIATED WITH THE CON- GRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-5132.-Decided April 38, 19413 Mr. Paul E. Blanchard, of Chicago, Ill., for the company. Messrs. H. C. Fremming 'and Ralph Balier, both of Kansas City, Mo., for the P. W. O. C. Messrs. Eric B. Bjurman and J. G. Campbell, both of Kansas, City, Mo., for the I. A. M. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION I STATEMENT OF THE CASE Upon petition duly filed by Packinghouse Workers Organizing Committee, District No. 4,1 affiliated with the Congress of Industrial Organizations, herein called the P. W. O. C., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Armour and Company, Kansas City, Kansas, herein called the Company, the National Labor Relations Board consoli- dated the petition herein with a petition filed by the P. W. O. C. covering other employees of the Company,2 and provided for an ap- propriate hearing upon clue notice before John A. Weiss, Trial Examiner. Said hearing was held at Kansas City, Missouri, on April 7, 1943. The Company, the P. W. O. C., and International Association of Machinists, Kansas City Lodge,No. 92, affiliated with the American Federation of Labor, herein called the I. A. M., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The P. W. O. C. moved,' without ob- jection, that the instant proceeding be severed from Case No. R-5131, ° in order that the `Board might proceed 'with the issuance of a de- 1 By motion granted at the hearing, Local No 15 was substituted for District No. 4 8 Case No. R-5131 49 N. L. R. B, No 26. 195 531647-43-col 44-14 1 196 DECISIONS OF NATIONAL LABOW RiELATIONS BOARD cision in the instant case. The Trial Examiner referred the motion to the Board. The motion is hereby granted, and the proceedings are hereby severed. The Trial Examiner's rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Armour and Company, an Illinois corporation with its princi- pal office and place of business in Chicago, Illinois, is engaged in, the slaughtering, processing, and packing of livestock products. Since June 1917 it has been qualified to do business in the State of Kansas and maintains a plant at Kansas City, Kansas, which is engaged in the slaughtering, processing, and packing of live- stock products. We are concerned herein with the operations of the' Kansas City plant. All of the livestock slaughtered in the Kansas City plant are purchased in stockyards located in Kansas City, Missouri. The total production of products of livestock slaugh- tered at the Kansas City plant during the year 1942 was in excess of 500,000,000 pounds, having a total value in excess of $45,000,000, of which more than 75 percent was distributed to points outside the State of Kansas. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Packinghouse Workers `Organizing Committee, Local No. 15, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. International Association of Machinists, Kansas City Lodge No. 92, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 21, 1938, the Board certified the I. A. M. as the exclusive bargaining representative of the machinists and machin- ists' helpers of the Company at its.Kansas City plant.3 The P. W. 'O. C. is at the present time recognized by the Company in a con- tract as the exclusive representative of all its production and main- tenance employees with the exception of foremen, assistant fore- a Matter of Armour & Company and International Association of Machinists, Local 9$, 5 N. L. R. B. 535 at 540. ARMOR AND COMPANY 197 men,'machinists and machinists' helpers, plant clerk S,4 plant police, truck drivers, and employees in the wholesale market. On or about December 2, 1942, the P. W. O. C. notified the Company that it represented a majority of the machinists and machinists' helpers at the Kansas City plant. The Company replied that it was un- willing to bargain with the P. W. O. C. with regard to these em- ployees until it has been certified by the Board. A statement of the Field Examiner, introduced into evidence at, the hearing, indicates that the P. W. O. C. and the I. A. M. each represents a substantial number of the machinists and machinists' helpers.5 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; TFIE DETERMINATION OF REPRESENTATIVES The P. W. O. C. seeks to include within the, unit of employees of the Company which it already represents the machinists and machinists' helpers who have previously been established as a separate appropriate unit. However, the P. W. O. C. does not seek an election covering the entire group, but desires to have an election ordered by the Board confined to the machinists and machinists' helpers to determine whether these employees desire to be included with the production and main- tenance group for the purposes of collective bargaining. We are of the opinion and find that this group which the P. W. O. C. desires to have added to the production and maintenance unit may properly form part of said unit if the employees so desire. In view of the absence of any question concerning representation `among the employees in the original production and maintenance unit, we shall direct an election only among the machinists and machinists' helpers wherein a question concerning representation has arisen. If the em- ployees in this voting group select the P. W. O. C., they will have thereby indicated their desire to be included in a unit with the general production and maintenance group and will be part of such unit. If, however, these employees choose the I. A. M. as their bargaining repre- sentative, they shall continue to constitute a separate and distinct unit. i * The plant clerks are the subject of Case No . R-5131. The Field Examiner reported that the P. W 0 C. submitted 24 dues-payment cards, of which 15 bore the names of persons appearing on the Company 's pay roll of January 23, 1943. The I. A. M submitted an affidavit of its business agent containing the names of 7 persons as members in good standing as of January 28, 1943 . §ix of the names appearing on this affidavit also appear on the above -mentioned pay roll . The names of 2 employees appear both on the affidavit submitted by the I. A. M and the dues -payment cards submitted by the P. W. O. C. There are about 25 persons classified as machinists or machinists' helpers. 198 DEICTSION'S, OF NATIONAL LABOR RELATION S BOARD We shall, accordingly, direct thatthe question concerning reprqenta- tion which has arisen be resolved by an election by secret ballot among the machinists and machinists' helpers, exclusive of supervisors, em- ployed at the Kansas City plant of the Company, who were employed during the pay-roll period immediately preceding the date of the 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 Relations 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 Armour and Com- pany, Kansas City, Kansas, an election by secret ballot shall be con- ducted as-early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervisiolt of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the ma- chinists and machinists' helpers of the Company who were employed during the, pay-roll period immediately preceding 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 "temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding supervisors and any who have since quit or been discharged for cause, to determine whether they desire to be represented by Packinghouse Workers Organizing Committee, Local No. 15, affiliated with the Congress of Industrial Organizations, or by International Associa- tion of-,Machinists, Kansas City, Lodge No. 92, affiliated with the Amer- ican Federation of Labor, for the purposes of collective bargaining, or by neither. 0