St. Louis Independent Packing Co.

In the Matter of ST. Louis INDEPENDENT PACKING. COMPANY and AMALGAMATED MEAT CUTI'ERS AND BUTCIIER WORKMEN OF NORTH AMERICA, LOCAL 93, A. F. L. Case No. 14-R-1017.-Decided November 25; 1944 Messrs. William F. Joy and J. L. Fike, of Chicago, Ill., for the Company. Messrs. Henry Freise, Thomas Doherty, and Clarence Green, of St. Louis, Mo., for the A. F. L. Messrs. "Artie Carson and Carl Fieselman, of St. Louis, Mo., Mr. George Johns, of Overland, Mo., and Mr. Don !Mahon, of Des Moines, Iowa, for the Association. Mr. Thomas A. Ricci, of counsel to the Board. DECISION, AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly tiled by Amalgamated Meat Cutters and Butcher Workmen of North America, Local 93, A. F. L., herein called the A. F. L., alleging that a question affecting commerce had arisen concerning the representation of employees of St. Louis Inde- pendent Packing Company, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon clue notice before Joseph Lepie, Trial Exam- iner. Said hearing was held at St. Louis, Missouri, on October 16, 1944. The Company, the A. F. L., and the Association of Employees, St. Louis Independent Packing Company, affiliated with the Inter- national Brotherhood of Swift Employees, herein called the Associa- tion, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Asso- ciation moved to dismiss the petition. The Trial Examiner referred the motion to the Board for determination. For reasons appearing in Section III, infra, the motion is denied. The Trial Examiner's rul- ings made at the hearing are free from prejudicial error and are hereby 53 N. L R B, No. 106. 542 ST. LOUIS INDEPENDENT PACKING COMPANY 543 affirmed. All parties were afforded an opportunity to file briefs with the Board. After the hearing, the Association filed with the Board a written petition to reopen the record to adduce additional evidence and for oral argument. The statement in support of this petition raises no pertinent issues and the record adequately covers all matters that properly are subjects for our consideration. The petition to reopen the record and for oral argument is accordingly denied. Upon the entire record fn the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSIN ESS OF THE COMPANY St. Louis Independent Packing Company, a Missouri corporation and a subsidiary. of Swift & Company, has its principal place of busi- ness at St. Louis, Missouri, where it is engaged in the slaughter of livestock and the processing of meat products. Dining the year 1943 the Company purchased livestock and supplies valued in excess of $45,000,000, of which more than 25 percent was shipped to the Com- pany's plant from points outside the State of Missouri. During the same year the Company sold meat products and animal byproducts valued' in excess of $60,000,000, of which more than 75 percent was shipped to points outside that State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. ' ' H. THE ORGANIZATIONS INVOLVED Amalgamated Meat Cutters and Butcher Workmen' of North America, Local 93, affiliated with the American Federation of Labor, and Association of Employees of St. Louis Independent Packing Company, affiliated with the International Brotherhood of Swift Em- ployees, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 10, 1944, the A. F. L. informed the Company by letter that it represented a majority of the employees at the Company's St. Louis plant and that it had that day filed a petition with the Board. The Company did not reply. 'The uncontradicted testimony of the A F . L's representative shows that the Amal- gamated Meat Cutters and Butcher Workmen of North America , Local 93, was organized for the purpose of collective bargaining and admits to membership employees of the Company. The president of the Association offered undisputed testimony that the Asso- ciation of Employees of St . Louis Independent Packing Company was organized for the purposes of collective bargaining on behalf of employees at the Company 's plant 618683-45-vol. 59-36 544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On October 20, 1942, Swift & Company and the International Brotherhood of Swift Employees entered into a master collective agreement which by its terms bound the Company.'its a subsidiary of Swift & Company and the Association as an affiliate of the Inter- national Brotherhood of Swift Employees. The contract provided that A vas to "remain in effect until August 11, 1943, and from year to year thereafter, subject to reopening by either party on written notice mailed at least 30 days prior to August 11 of any year." The Associa- tion urges this contract as a bar to the instant proceeding. Inasmuch as the A. F. L. advised the Company of. its claim to representation before the effective date of the contract's renewal clause, we find that the contract is not a bar to a present determination of representatives? A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the A. F. L. represents a substantial number of employees in the unit hereinafter found appropriate.3 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 parties are in agreement concerning the composition of an ap- propriate unit at the Company's St. Louis plant, except with respect to gang leaders. The Company and the Association would include gang leaders, but the record does not clearly indicate whether the A. F. L. would include or exclude them. Gang leaders are the oldest and best informed employees in the various departments of the Company's plant. They do the same work as other employees and sometimes assist the latter in their work. They have no power to recommend changes in the status of employees. Because of their greater experience they are paid .5 to 10 cents per hour more than other production employees. We shall include gang leaders in the unit. We find, in accordance with the stipulation of the parties and with our above determination, that all the Company's production and main- tenance employees at its St. Louis, Missouri, plant, including gang 2 Matter of Hall Manufacturing Co., 40 N L. R B. 14 Consent elections among the employees involved in this proceeding were conducted on July 15 , 1942, and on April 21, 1943, in each of which the Association defeated the A F L. The Association also con- tends that an investigation of representatives 1 year after a consent election militates against stability of labor relations , and that a longer period should elapse between elec- tions. We reject this contention in accordance with the Board' s established rule. See Matter of The Trailer Company of America, 51 N. L. It B. 1106 3 The Field Examiner reported that the A. F. L submitted 817 authorization cards, and that the names of 606 persons appearing on the cards were listed on the Company's pay roll of July 28, 1944, which contained the names of 1,918 employees in the alleged appropriate unit.` The Association' relies upon its contract to establish its interest in this proceeding. ST. LOUIS INDEPENDENT PACKING COMPANY 545 leaders, full-time scalers and part-time scalers, but excluding the su- perintendent, assistant superintendent, chief engineer; night superin- tendent, general foreman, foremen, assistant foremen, doctor, time- keeper, head and assistant head of standards department, head and assistant head of receiving department, head of fire department, plant protection employees, bell-pullers, head of restaurant, chef, yard- master, general office employees, superintendent's office employees, mechanical office employees, time office employees, credit union clerical employees, standards department employees, full-time plant clerks, teamsters and chauffeurs, brick masons, nurses, plant matrons, dock checkers, the hog scaler, the beef scaler, the small stock scaler, the beef loading scaler and clerk,4 the cellar stock clerks, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, 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 shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employ- ees in the appropriate unit 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.5 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with St. Louis Inde- 4 The hog scaler, the beef scaler , the small stock scaler and the beef loading scaler and clerk are all salaried employees . Several occasionally do scaling They are primarily engaged in clerical work and occupy offices in various locations in the plant. They assist the foremen in keeping records and making out order slips. They enjoy a vacation plan different from that of hourly paid employees These four categories are distinguished from full-time scalers and part -time scaleis , whom the parties agree to include in the unit. The full -time scalers devote all their time to weighing meats and recording quantities and kinds of products The part-time scalers do similar scaling work and in addition do regular manual work, which in some instances requires as much as 80 percent of their time Both of these groups work in the production departments and in only one or two cases have offices for their scaling. All full-time and part-time scalers are hourly paid. The Association requests that its name appear on the ballot as set' forth in the Direction of Election. 546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pendent Packing Company, St. Louis, Missouri, 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 Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject 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 em- ployees who did not work during said pay-roll period because they were ill, or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Amalgamated Meat Cutters and Butcher Workmen of North America, Local 93, A. F. L., or by Association of Employees, St. Louis Independent Packing Company, affiliated with International Brotherhood of Swift Employees of Confederated Unions of America, for the purposes of collective bargaining, or by neither.