Armour & Co.

In the Matter of ARMOUR FERTILIZER WORKS, DIVISION OF ARMOUR & COMPANY, EMPLOYER and INTERNATIONAL UNION, UNITED AUTO- MOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (CIO) , PETITIONER Case No. 8-R-2704.-Decided March 19, 1948 Mr. E. B. Williamson, of Atlanta, Ga., and Mr. W. H. Woodward, of Sandusky, Ohio, for the Employer. Lamb, Goerlich cC Mack, by Mr. Lowell Goerlich, of Toledo, Ohio; Mr. Reuben J. Harper, of Toledo, Ohio; and Mr. Cloid Lichty, of Sandusky, Ohio, for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Sandusky, Ohio, on January 13, 1948, before John A. Hull, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Armour Fertilizer Works, a division of Armour & Company, oper- ates plants in approximately 10 States, wherein it is engaged in the manufacture of superphosphate and commercial fertilizer, and sul- phuric acid. At its Sandusky, Ohio, plant, the only plant involved in this proceeding, the Employer annually uses raw materials, 75 per- cent of which is shipped to the plant from points outside the State of Ohio. During a similar period, the Employer manufactures at this plant products valued in excess of $100,000, of which approximately 30 percent is shipped to points outside the State of Ohio. We find that the Employer is engaged in commerce within the meaning of the Act. 'Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members [ Houston , Reynolds, and Giay] 76 N. L. R. B, No. 114. 824 ARMOUR FERTILIZER WORKS 825 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the stipulation of the parties, we find that all production and maintenance employees of the Employer at its plant in Sandusky, Ohio, excluding office and clerical employees, watch- men, salesmen, professional employees, the chief mechanic, the fore- man, the assistant superintendent, the superintendent, the division manager, and all other supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Armour Fertilizer Works, Division of Armour & Company, Sandusky, Ohio, 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 Eighth Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-Series 5, 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 during said pay-roll period because they were ill or on vacation or temporarily laid off, 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, and also excluding employees on strike who are not entitled to reinstate- ment, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (CIO), for the purposes of collective bargaining.