Union Stock Yards & Transit Co. of Chicago

In the Matter of UNION STOCK YARDS & TRANSIT COMPANY OF CHICAGO and UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL 44, C. 1. 0. Case No. 13R-2764.Decided January 17,1915 Winston, Strawn & Shaw, by Mr. Neal J. McAuliffe, of Chicago, Ill., for the Company. Mr. Ralph Helstein, of Chicago, Ill., for the Union. Mr. Louis Co/cin, 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 44, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of. employees of Union Stock Yards & Transit Company-of Chi- cago, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Gustaf B. Erickson, Trial Examiner. Said hearing was held at Chicago, Illinois, on December 12, 1944. 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Union_ Stock Yards & Transit Company is an Illinois corporation operating public stock yards at Chicago, Illinois, where it receives, handles, and cares for livestock. During 1943 the Company received 10,545,095 head of stock, over 50 percent of- which was shipped to it 60 N. L. R. B., No. 22. 115 116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD from points outside the State of Illinois. During the same period the Company shipped about 25 percent of the livestock in its care to points outside the State of Illinois. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Packinghouse Workers of America, Local 44, is a labor organization affiliated with the Congress'of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bargaining representative of certain of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial 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 DETERMINATION OF REPRESENTATIVES During 1938 or 1939 the Regional Director certified the Union as the exclusive collective bargaining representative for all employees of the Company employed in the livestock feed, construction, cleaning, extra, horseshoeing, horse market, and gate and watch departments, excluding supervisory employees and deputy sheriffs or special police. Since then, the Company has recognized the Union as the exclusive collective bargaining representative of all such employees. The Union now seeks to enlarge the scope of its present bargaining unit by adding thereto all janitors and janitresses. The record indicates that the janitors and janitresses may properly form a part of the larger unit presently represented by the Union. We shall, accordingly, direct an election only among the janitors and janitresses of the Company so that they may indicate their desires as to whether or not they should be added to the established bargain- ing unit presently represented by the Union.2 i The Field Examiner reported that the Union submitted 19 membership application cards. There are 18 employees in the appropriate unit. 2 Matter of Armour and Company, 40 N. L. R. B. 1333. UNION STOCK YARDS & TRANSIT COMPANY OF CHICAGO 117 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees of the Company in the following voting group 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. All janitors and janitresses of the Company, excluding supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. In the event a majority of the employees select the Union as their bargaining representative, they will have thereby indicated their desire to be merged with the employees of the Company now repre- sented by the Union. The Union requests that- it appear on the ballot as "UPWA-CIO, Local 44." The request is hereby granted. 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 Union Stock Yards & Transit Company of Chicago, Chicago, Illinois, 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 di- rection and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the voting group described in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing 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 them- selves in person at the polls, but excluding any 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 or not they desire to be represented by UPWA-CIO, Local 44, for the purposes of collective bargaining.