Armour and Co.

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL 58, C. I. O. Case No. 17-R-1046.-Decided February 20, 1945 Mr. J. C. Moore, of Chicago, Ill., and Mr. C. M. Stewart, of South St. Joseph, Mo., for the Company. Mr. Ralph Baker, of Kansas City, Mo., and Mr. Herbert J. Hollo- way, of St. Joseph, Mo., for the Union. Mr. Louis Cokin, 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 58, C. I. 0., herein called the Union, alleging that a giiestion affecting commerce had arisen concerning the representation of employees of Armour and Company, South St. Joseph, Missouri, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Margaret L. Fassig, Trial Examiner. Said hearing was held at St. Joseph, Missouri, on January 15, 1945. The Company and the Union ap- peared, 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 heading 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 Armour and Company is an Illinois corporation operating plants in several States. We are here concerned with its plant at South St. Joseph, Missouri, where it is engaged in slaughtering and processing livestock. The Company ships products valued in excess of $1,000,000, 60 N. L. R. B., No. •70. 341 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD annually, from its South St. Joseph plant, 90 percent of which is shipped to points outside the State of Missouri. 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 58, 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 the matrons and janitors at the South St. Joseph 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 represents a substantial number of employees claimed by it.' 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. TIIE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The Company presently recognizes the Union as the exclusive col- lective bargaining representative of the production and maintenance employees at the South St. Joseph plant. The Union now seeks to enlarge the scope of its present bargaining unit by adding thereto the plant janitors and matrons. The Company contends that the Union could not be a proper representative of the matrons and janitors because it represents the production and maintenance employees. There is no necessary conflict between self-organization and collective bargaining, and the faithful performance of duty. Freedom to choose a bargaining agent includes the right to select a representative which has been chosen to represent. other employees of the Company. Thus, we find the Company's contention that the Union cannot be a proper representative of the employees involved herein to be untenable. The record indicates that the plant janitors and matrons may prop- erly form a part of the larger unit presently represented by the Union. We shall, accordingly, direct an election only among the South St. Joseph plant janitors and matrons of the Company so that they may I The Field Examiner reported that the Union submitted 22 authorization cards. There' are approximately 27 employees involved herein. ARMOUR AND COMPANY 343 indicate their desires as to whether or not they should be added to the established bargaining unit presently represented by the Union.2 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 matrons at the South St. Joseph plant of the Com- ,p tny, excluding supervisory employees with authority to hire, pro- mote, 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. 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 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 and Com- pany, South St. Joseph, 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 Seventeenth 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 voting group described 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 and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether or not they desire to be represented by United Packinghouse Workers of America, Local 58, C. I. 0., for the purposes of collective bargaining. 2 Matter of Armour and Company, 40 N. L. R. B. 1333.