Central Union Stockyards Co.

In the Matter Of CENTRAL UNION STOCKYARDS Co. and UNITED PACK- INGHOUSE WORKERS OF AMERICA, CIO Gale No. 2-B-6161.-Decided April 9,1946 Mr. M. R. Swanson, of Chicago, Ill., for the Company. Mr. Lemuel Ward, of New York City, for the Union. Mr. Herbert J. Nester, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Packinghouse Workers of America, CIO, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Central Union Stockyards Co., Jersey City, New Jersey, herein called the Company,'- the National Labor Relations Board provided for an appropriate hearing upon due notice before William T. Little, Trial Examiner. The hearing was held at Jersey City, New Jersey, on February 26, 1946. The Company 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. 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 Central Union Stockyards Co. is a New Jersey corporation, having its principal office and place of business at Jersey City, New Jersey, where it is engaged in the operation of a stockyard. During the year ending December 31, 1945, the Company received at its stockyard I The petition and other formal papers were amended at the hearing to show the correct name of the Company and the Union. 67 N. L. R. B., No. 22. 155 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD more than 100,000 head of livestock, all of which were shipped to its Jersey City stockyard from points outside the State of New Jersey. More than 90 percent of such livestock was shipped from the Com- pany's Jersey City stockyard to points outside the State of New Jersey. More than 90 percent of the livestock shipped outside the State of New Jersey was shipped on barges owned by the Company and manned by its employees, but drawn by tug boats owned and manned by inde- pendent contractors. 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 is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union by letter dated January 11, 1946, requested recognition of the Company as representative of certain of its employees. The Company has declined to grant recognition until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees 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 The Union contends that the appropriate unit consists of all em- ployees of the Company engaged in the handling, feeding, and tending of livestock, including boatmen, watchmen, maintenance men, stock handlers, feed men, and laborers, but excluding office employees, gen- eral manager, assistant general manager, superintendents, assistant superintendents, foremen, and all or any other supervisory employees. The Company is in general agreement with the foregoing unit but would exclude the watchmen. The primary duty of the watchmen is to safeguard company prop- erty, prevent loitering and trespassing by strangers, and report vio- lations of company regulations such as its "no smoking" rule. The watchmen devote approximately two-thirds of their time to custodial 2 The Field Examiner reported that the Union submitted 14 authorization cards. At the time of the hearing there were 12 employees in the appropriate unit. CENTRAL UNION STOCKYARDS CO. 157 duties and the remaining one-third is spent in performing similar duties as the production workers. They are not uniformed or armed, nor are they either deputized or militarized. Inasmuch as the duties of the watchmen are principally custodial in nature and also include actual participation in production, we find, in keeping with the Board's well established policy, that the Company's contention requesting the exclusion of watchmen is without merit.3 We find that all employees of the Company's plant engaged in the handling, feeding, and tending of livestock, including boatmen, watchmen, maintenance men, stock handlers, feed men, and laborers, but excluding office employees, general manager, assistant general manager, superintendents, assistant superintendents, foremen, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend 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 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 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 Central Union Stockyards Co., Jersey City, New Jersey, 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 super- vision of the Regional Director for the Second 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 employees in the unit found appropriate in Section IV, above, 8 See Matter of Wilson & Company, Inc, 58 N. L R B 666; Matter of John Deere Plow Company, 58 N L. R. B. 972; Matter of General Motors Corporation, Parts Deviston, 60 N L. R. B 22, Matter of Armour & Company, d/b/a Armour Leather Co., 60 N. L. R. B. 393. 158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 or not they desire to be represented by United Packinghouse Workers of America, CIO, for the purposes of collective bargaining.