Armour and Company

In the Matter of ARMOUR FERTILIZER WORKS, DIVISION OF ARMOUR AND COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA (CIO) Case No. 1,0-R-1382.-Decided February 6, 1945 Mr. A. G. Henry, of Birmingham, Ala., for the Company. Mr. G. R. Hathaway, of Atlanta, Ga.,, and Mrs. Ada Howell, of Birmingham , Ala.; for the Union. Mr. Herbert C. Kane, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STAtE3IENT OF THE CASE Upoli.a petition duly filed by United Packinghouse Workers of America (CIO), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Armour Fertilizer Works, Division of Armour and Com- pany, Birmingham, Alabama, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas T. Purdom, Trial Examiner. Said hearing was held at Birmingham, Alabama, on January 12, 1945. The Com- pany and the Union 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 Union-moved to amend its petition so as to exclude watch- men from the appropriate unit. The'Trial Examiner reserved ruling on the motion to the Board; the motion is hereby granted. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. ' Although served with Notice of Hearing, the Amalgamated Meat Cutters and Butcher Workmen of North America , Local 513, A F.. L., did not appear. 60 N. L. R. B., No. 85. 444 ARMOUR FERTILIZER WORKS 445 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Armour Fertilizer Works, Division of Armour and Company, an Illinois corporation with its principal office in Atlanta, Georgia, oper- ates numerous fertilizer manufacturing plants throughout the United States. The only plant involved in this proceeding is the plant at Birmingham, Alabama. During the year 1944 the Company pur- chased 28,271 tons of raw materials, consisting of potash, nitrates, and other products used in making fertilizer, of a value in excess of $100,000, 22.4 percent of which was obtained from outside the State of Alabama. During the same period the Company shipped 25,151 tons of finished products, of a value in excess of $100,000, 3.06 percent of which was shipped to points outside the State of Alabama. 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 affiliated with the Con- gress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III.-THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees until the Union has been certified by the Board in an appropriate unit. A statement of,a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate 2 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 We find, in substantial accord with the agreement of the parties, that all production and maintenance employees of the Company, excluding watchmen, clerical employees, foremen, the master mechanic , and all other supervisory employees with authority to hire, promote, dis- charge, discipline, -or otherwise effect changes in the status of em- 2 The Field Examiner reported that the Union submitted 22 cards ; that there are ap- proximately 30 employees in the appropriate unit ; and that the cards were dated between October and December 1944. 446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees, or effectively recommend such action, constitute a unit appro- priate 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 the representation- which has arisen be resolved by 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Fertilizer Works, Division of Armour and Company, Birmingham, Alabama, 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 Tenth 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 unit found appro- priate in Section IV, above, who were employed, during the pay-roll pe- riod immediately preceding the date of this Direction, including em- ployees who did not work during the 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 those employees who have since quit or been discharged for cause and have not been rehired or re- instated prior to the date of the election, to determine whether or not they desire to be represented by United Packinghouse Workers of America (CIO), for the purposes of collective bargaining.