Arnold Bros. Inc.

In the Matter of ARNOLD BROS. INC. and INDEPENDENT UNION OF PACKING HOUSE WORKERS, LOCAL No. 55 In the Matter of ARNOLD BROS. INC. and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, C. I. O. Cases Nos. R-5744 and R-5715 respectively.Decider.'' August 03, 1943 Mr. Neal J. Huff, of Chicago, Ill., for the Company. Mr. E. B. Fitzpatrick, of Des Moines, Iowa, for the P. W. O. C. Miss Olive N. Barton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition and an amended petition duly filed respectively by the Independent Union of Packing House Workers, Local No. 55, affiliated with the International Brotherhood of Swift's Employees, herein called the Independent, and the Packinghouse Workers Or- ganizing Committee, C. I. 0., herein called the P. W. O. C., each alleging that a question affecting commerce had arisen concerning the representation of employees of Arnold Bros., Inc., Perry, Iowa, herein called the Company, the National Labor Relations Board consolidated the petitions herein and provided for an appropriate hearing upon due notice before Clarence A. Meter, Trial Examiner. Said hearing was held at Perry, Iowa, on July 23, 1943. The Company and P. W. O. C. 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.' During the hearing the P. W. O. C. moved the dismissal of the petition of the Independent on the ground that the Independent had failed to appear at the hearing. Ruling on this motion was reserved for the Board. Since we find in Section III, below, that the Independent appears to represent a substantial num- ber of employees of the Company and therefore has an interest in I Although the Independent was duly served with notice of the hearing and had submitted evidence of its membership among the employees of the Company, it did not appear at the hearing. 52 N. L. R. B., No. 19. 105 106 DECISIONS OF NIATIONAL LABOR RE'LATION'S BOAIRD this proceeding, the motion is denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Opportunity was afforded all parties to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Arnold Bros. Inc. is an Illinois corporation with plants in Chicago, Illinois, and Perry, Iowa. It is a wholly owned and controlled sub- sidiary of Swift and Company. We are here concerned with the em- ployees at the Perry, Iowa, plant, where the Company is engaged in the slaughtering of hogs and in the processing of meat and meat prod- ucts. The value of raw materials, consisting of livestock, salt, coal, and other manufacturing supplies purchased by the Company during the fiscal year ending November 1, 1942, was in excess of $3,000,000, 1 percent of which was shipped to the plant from points outside Iowa. The finished products, consisting of dressed hogs and pressed crack- lings, produced by the Company during the same period, exceeded in value $3,300,000, of which 95 percent was shipped to points outside Iowa. About 40 percent of -the Company's products are sold on national defense contracts. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Independent Union of Packing House Workers, Local No. 55, is a labor organization affiliated with the International Brotherhood of Swift's Employees and C. A. I. W., admitting to membership em- ployees of the Company. Packinghouse Workers Organizing Committee, C. I. 0., is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 12, 1943, the Independent filed a petition in Case No. R-5744 requesting an industrial unit and stating that the Company refuses to bargain with any labor organization not certified by the Board. On July 13, 1943, the P. W. O. C. advised the Company by letter that it had filed a petition with the Board seeking an investigation of representatives. On July 14, 1943, the P. W. O. C. filed its petition herein, in Case No. R-5745, seeking essentially the same unit as the ARNOLD BROS., INC. 107 Independent. At the hearing, the Company stated that its policy precluded the extension of recognition or granting of bargaining rights to any labor organization not certified by the Board. A statement of the Regional Director, introduced into evidence, indicates that the Independent and the P. W. O. C. each represents a substantial number of employees in the unit hereinafter found 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 Act. IV. THE APPROPRIATE ACT At the hearing the Company and the P. W. O. C. agreed to the composition of the unit. Since all the exclusions and inclusions are those which the Board customarily approves, we find that all pro- duction and maintenance employees of the Company at its plant at Perry, Iowa, excluding office and clerical employees, livestock buyers, plant manager, superintendent, assistant superintendent, foremen, assistant foremen, chief engineer and master mechanic, assistant chief engineer, watchmen, firemen, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, constitute a unit appropriate for the purposes of col- lective 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 the Direction of Elec-. tion herein, subject to the limitations and additions set forth in the, Direction 3 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 2 The Regional Director stated that the Independent submitted petitions containing 33 apparently genuine, original , handwritten signatures . Twenty-five signatures , 17 of which are undated and the remainder dated in the months of February and April 1943, carry the names of persons appearing on the Company 's pay roll of June 2, 1943. Said pay roll contains the names of 55 employees in the appropriate unit. The Regional Director stated that the P. W. O. C. submitted 42 application-for-membership cards all bearing apparently genuine, original , handwritten signatures. All, are dated in May 1943, and 40 cards bear the names of persons on the Company 's pay roll of June 2, 1943. 8 The P. W. O. C. requests that it appear on the ballot as appears in the Direction. The request is hereby granted. 108 DECISIONS OF NIATIONAL LABOR RELATIONS BOARD Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby Dna cTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Arnold Bros. Inc., Perry, 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 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, including 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 those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Local 98, P. W. 0. C., C. I. 0., or by Independent Union of Packing House Workers, Local No. 55, for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.