Armour & Co.

In the Matter of ARMOUR & COMPANY and. UNITED PACKINGHOUSE.', WORKERS OF AMERICA, LOCAL 13, C. 1.O. Case No. 16-R-4108.Decided January ^00, 1945 Messrs. H. H. Danielson, Toes J. Dee, and David Gardner, of Okla- homa City, Okla., for the Company. Mr. A. J. Pittman, of Fort Worth, Tex., for the Union. Mr. Louis Cokin; of counsel to the Board. DECISION AN!) DIRECTION OF ELECTION STATEMF;NT OF THE CASE Upon petition duly filed b-Y United Packinghouse Workers of Amer- ica, Local 13, C. I. 0., here-'n called the Union, alleging that a question affecting commerce had ,`I.risen concerning the representation of em- ployees of Armour & C6)mpany, Oklahoma City, Oklahoma, herein called the Company, the Nmitional Labor Relations Board provided for an appropriate hearing upon due notice before John H. Garver, Trial. Examiner. Said hearing was held at Oklahoma City, Oklahoma, on January 4,1945. The Company and the Union appeared, participated,, and were afforded full opportu mty 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 prej udicial error and are hereby affirmed. All parties were afforded op- portunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Armour & Company is an Illinois corporation operating plants: in several States. We are here concerned with its plant at Oklahoma City, Oklahoma, where it is engaged in slaughtering and processing livestock. During 1944 the Company received about 250,000,000 lbs. of 60 N. L. R. B., No. 34. 1.7.5: 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD materials at its Oklahoma City plant, approximately 15 percent of which was shipped to it from points outside the State of Oklahoma. During the same period the Company shipped about 195,000 000 lbs. of products from its Oklahoma City plant, 55 percent of which was :shipped to points outside the State of Oklahoma. 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 13, 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 recognl'.ze the Union as exclusive collective bargaining representative of the stock drivers at the Oklahoma City plant until such time as the Union is certified by the Board. A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the Union represallts a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question affecting commei ce has arisen concerning the representation of employees of the Colnl_lany, within the meaning ,of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union contends that all stock drivers at the Oklahoma City plant of the Company, excluding supervisory employees, constitute an appropriate unit. The Company contends that the duties of the stock drivers are such as to make them a part of management. The stock drivers drive the cattle and hogs purchased by the Com- pany at a stockyard located adjacent to its plant to pens on the Com- pany's property. The stock drivers are paid on the basis of a 40-hour week and do not perform any supervisory functions. On occasion .stock drivers are promoted to cattle and hog buyers. The record dis- lcloses that there is nothing in the duties performed by the stock driv- ers which is inconsistent with their' being represented by a labor organization. The Company urges that the head stock driver be excluded from the unit and the Union that he be included. The head stock driver receives a higher rate of pay than the stock drivers and the Company 'The Field Examiner reported that the Union submitted 8 authorization cards. There ,are approximately eight employees in the appropriate unit. ARMOUR & COMPANY 177 stated at the hearing that he has the authority to hire and discharge. We find that the head stock driver is a supervisory employee and, as such, we shall exclude him from the unit. We find that all stock drivers at the Oklahoma City plant of the Company, excluding the head stock driver and any other supervisory employees with authority to hire, promote , discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- commend 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 means of 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 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 Re- lations Act and pursuant to Article III, Section 9, of the 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 Armour & Com- pany, Oklahoma City, Oklahoma, 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 Sixteenth Region, acting in this mat- ter 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 employees who did not work dur- ing said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding 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 United Packinghouse Workers of America, Local 13, C. I. 0., for the pur- poses of collective bargaining. 628563-45-vol. 60-13