Armour and Co.

In the Matter of ARMOUR AND COMPANY, POULTRY AND CREAMERY DIVISION and AMALGAMATED MEAT CUTTERS AND BUTCHER WORB,- MEN OF NORTH AMERICA, LOCAL #172, AFL Case No. 17-R-1,390.-Decided June 28, 1946 Mr. G. Lipscomb, of Springfield, Mo., for the Company. Mr. Leo LaFauce, of St. Louis, Mo., and Mr. Nick B. Hall, of Sedalia, Mo., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon a petition duly filed by Amalgated Meat Cutters and Butcher Workmen of North America, Local #172, AFL, herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Armour and Company, Poultry and Creamery Division, Springfield, Missouri, herein called the Company, the National Labor Relations Board on April 5, 1946, conducted a pre-hearing election pursuant to Article III, Section 3,I of the Board's Rules and Regulations, among employees of the Com- pany in the alleged appropriate unit to determine whether or not they desire to be represented by the Union for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 131 eligible voters and that 113 of these eligible voters cast valid ballots, of which 139 were for the Union and 44 were against. There were no challenged ballots. Thereafter, pursuant to Article III, Section 10; of the Rules and Regulations, the Board provided for an appropriate hearing upon due notice before Robert S. Fousek, Trial Examiner. The hearing ' By Amendment of November 27, 1945, this Section of the Rules now permits the con- duct of a secret ballot of employees prior to hearing in cases which present no substantial issues. 3 As amended November 27, 1945, this Section provides that in instances of pre-hearing elections, all issues, including issues with respect to the conduct of the election or conduct affecting the election results and issues raised by challenged ballots, shall be heard at the subsequent hearing. 69 N. L. R. B., No. 18. 205 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was held at Springfield, Missouri , on May 15, 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 1. THE BUSINESS OF THE COMPANY Armour and Company is an Illinois corporation . Its Poultry and Creamery Division , with which we are concerned herein, operates an egg dehydrating plant and a dairy processing plant in Springfield, Missouri . During the past year the Company purchased from points outside the State of Missouri for use at these plants raw materials valued in excess of $20,000. During the same period the Company sold and shipped to points outside the State of Missouri finished prod- ucts from these plants valued in excess of $20,000. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. It. THE ORGANIZATION INVOLVED Amalgamated Meat Cutters and Butcher Workmen of North America, Local #172 , is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the collective bargaining representative of its employees in the alleged appropriate unit. 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 seeks a unit comprised of all production and mainte- nance employees of the Company at its Springfield plants , excluding office and supervisory employees. Although it does not dispute the propriety of the classifications sought to be included or excluded, the ARMOUR AND COMPANY 207 Company asserts that the employees of the milk processing plant and those of the egg dehydrating plant constitute separate appropriate units. The record indicates that the two plants are located approximately 2 blocks apart; that the operations of both are under the supervision of a single district superintendent; and that wages, hours, and work- ing conditions are similar at both plants. The record further indi- cates that a number of employees have been transferred between the two plants. Under these circumstances we are of the opinion that the employees of both plants constitute a single appropriate unit. We find that all production and maintenance employees of the Com- pany at its Springfield, Missouri, plants, excluding office employees and all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively to recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The results of the election held previous to the hearing show that the Union has secured a majority of the valid votes cast and that there are no challenged ballots. Under these circumstances, we shall certify the Union as the collective bargaining representative of the employees, in the appropriate unit. CERTIFICATION OF REPRESENTATIVES 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, Sections 9 and 10 , of National Labor Re- lations Board Rules and Regulations-Series 3, as amended IT IS HEREBY CERTIFIED that Amalgamated Meat Cutters and Butcher Workmen of North America , Local #172 , AFL, has been designated and selected by a majority of all production and maintenance em- ployees of Armour and Company , Poultry and Creamery Division, at its Springfield, Missouri , plants, excluding office employees and all supervisory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees , or effec- tively recommend such action , as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such em- ployees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment , and other conditions of employment.