Armour and Co. of Delaware

In the Matter of ARMOUR AND COMPANY OF DELAWARE and UNITED PACKING HOUSE WORKERS OF AMERICA, LOCAL 49A-C. I. O. Case No. R-5776.--Decided August 31, 1943 Mr. Paul E. Blanchard, of Chicago, Ill., for the Company. Issermaan, Isserman c Kapelsolvn, by Mr. Morris Isserman and Mr. Irving Lenchler, of Newark, N. J., for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Packinghouse Workers of America, Local 49A-C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Armour and Company of Delaware, Jersey City, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before David H. Werther, Trial Examiner. Said hearing was held at Jersey City, New Jersey, on July 29, 1943. The Company and the Union 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 Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. In its brief the Company requested oral argument. The request is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Armour and Company of Delaware is a corporation of the state of Delaware, having its principal office and place of business at Chi- cago, Illinois. -The Company operates a slaughtering plant and a processing plant in Jersey City, New Jersey, both of which are involved 52 N. L. R. B., No. 45. 549875-44-vol. 52-23 339 340 DE.CISIDONS OF NATIONAL LABOR RELATIONS BOARD ' herein. During the 6-month period ending May 1, 1943, the Company received at both plants approximately 66,000,000 pounds of live an- imals, products, and operating supplies, approximately 75 percent of which was shipped from points outside the State of New Jersey. During the same period the Company shipped from said plants ap- proximately 60,000,000 pounds of products, the greater percentage of which was shipped to points outside the State of New Jersey. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Packinghouse Workers of America, Local 49A, affiliated with the Congress of Industrial Organizations, is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the Union, by letter dated May 14, 1943, requested the Company to arrange a conference to discuss recognition of the Union as the collective bargaining representative of the.Com- pany's watchmen and that the Company refused to grant the request. A statement of the Regional Director, introduced in evidence, indi- cates that the Union represents a substantial number of 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 Act. IV. THE APPROPRIATE UNIT The Union seeks a unit comprised of watchmen in the Company's two Jersey City plants. The Company does not dispute the appro- priateness of the requested unit insofar as it includes watchmen at both plants in a single unit , but contends that watchmen are to such a degree representatives of management that they should be excluded from any bargaining unit. The record reveals that the watchmen are deputy policemen of the Police Department of Jersey City, New Jersey. They are hired and paid by the Company, and in all essential respects the customary em- ployer-employee relationship is preserved . They are not uniformed, they carry blackjacks but no guns , and they punch watchmen's time 1 The.Regional Director's statement shows that the Union submitted eight authorization cards, seven of which bear the apparently genuine signatures of persons whose names appear on the Company's pay roll of June 1, 1943 ; there are nine employees in the appropriate unit. All cards were dated in April and May 1943. ARMOUR) AND COMPANY OF DELAWARE 341 clocks. In view of these facts and for the reasons we have stated in similar cases, we find no merit in the Company 's contention.' We find that all watchmen employed at the Company's Jersey City plants, exclusive of supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees , or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion herein, subject to the limitations and additions set forth in said 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 of Delaware, Jersey City, New Jersey, an election by secret bal- lot 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Sections 10 and 11, 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Packinghouse Workers of America, Local 49A-C. I. 0., for the pur- poses, of collective bargaining. CHAIRMAN M=s took no part in the consideration of the above Decision and Direction of Election. 2 See Aluminum Company of America, 50 N. L. R B 233; The Maryland Drydock Company, 50 N. L. R B. 363.