Armour & Co.

In the Matter of AR31OUR & COMPANY and UNITED PACKING HOUSE WORKERS INDUSTRIAL UNION No. 767, AFFILIATED WITH THE C. I. O. Case No. R-843.-Decided November 26, 1938 Meat Packing Industry-Investigation of Representatives: controversy con- cerning representation of employees : majority status disputed by employer ; rival organizations--Units Appropriate for Collective Bai gaznrnq • separate units for coopers, engineers, and electricians, remaining production and maintenance employees in industrial unit ; stipulation as to-Representatives : proof of choice : union authorization cards-Cei tifieation of Representatives: upon proof of majority representation, in three units-Election Ordered Mr. Henry H. Foster, Jr., for the Board. Mr. R. L. Douglas, of St. Joseph, Mo., for the Company. Mr. Joe Morris, of St. Joseph, Mo., for the Packing House Union. Mr. Warren S. Welsh, of St. Joseph, Mo., for the the Coopers Union and the Engineers Union. Mr. Frank Forehand, of St. Joseph, Mo., for the Engineers Union. Mr. W. B. Raez, of St. Joseph, Mo., for the Armour Employees Organization. Mr. Earl Holman, for the I. B. E. W. Mr. David Rein, of counsel to the Board. DECISION DIRECTION OF ELECTION AND CERTIFICATIONS OF REPRESENTATIVES STATEMENT OF THE CASE On April 5, 1938, United Packing House Workers Industrial Union No. 767, affiliated with the C. I. 0., herein called the Packing House Union, filed with the Regional Director for the Seventeenth- Region (Kansas City, Missouri) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Armour & Company, herein called the Company, at its plant in South St. Joseph, Missouri, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 9 N. L. R. B., No. 115. 1239 1240 NATIONAL LABOR RELATIONS BOARD 23, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations- Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 8, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Packing House Union, Amalgamated Meat-Cutters & Butcher Workmen, at St. Joseph, Missouri, Coopers International Union of North America, Local Union No. 20, herein called the Coopers Union, and Armour's Welfare Association at St. Joseph, Missouri. On June 13, 14, and 15, 1938, respectively, petitions for intervention were filed with the Regional Director by the Coopers Union, by International Union of Operating Engineers, Local Union No. 120, herein called the Oper- ating Engineers Union, and Armour Employees' Industrial Organiza- tion, herein called the Armour Employees Organization. On June 15 and 16, respectively, the Operating Engineers Union and the Coopers Union filed with the Regional Director amended petitions for intervention requesting certification as the bargaining representa- tives of the employees in units claimed by these labor organizations to be appropriate for the purposes of collective bargaining. All peti- tions for intervention were granted by the Trial Examiner at the hearing. His rulings in this respect are hereby affirmed. Pursuant to notice, a hearing was held on June 16, 1938, before Herbert Wenzel, the Trial Examiner duly designated by the Board. The Board, the Company, and the Armour Employees Organization were represented by counsel; the Packing House Union, the Coopers Union, and the Operating Engineers Union were represented by their respective officials; and all participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. No motions or objections to the admission of evidence were made during the course of the hearing. On August 26, 1938, after the hearing was closed, International Brotherhood of Electrical Workers, Local Union 545, herein called the I. B. E. W., requested the Board to certify it as the exclusive representative of the electricians employed by the Company at its South St. Joseph plant. On September 20, 1938, the I. B. E. W., the Company, and all the labor organizations which had appeared at the hearing, by and through their respective counsel or business rep- resentatives, entered into a written stipulation with respect to the issue raised by the request of the I. B. E. W. The stipulation was 1 The Armour Employees Organization had requested certification in its original petition. DECISIONS AND ORDERS 1241 filed with the Board. The Board hereby accepts and incorporates the stipulation as part of the record in this proceeding. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Armour & Company is an Illinois corporation and operates ap- proximately 30 meat packing plants located in 23 different States of the United States. Directly or through its subsidiaries it oper- ates approximately 300 wholesale meat distributing houses through- out the United States, having one or more of such houses in nearly every State of the United States. The packing plants ship the products processed therein to the branch houses for distribution to customers of the Company. One of these meat packing plants is in South St. Joseph, Missouri, and is known as the St. Joe plant. This proceeding involves only the employees at the St. Joe plant. Approximately 65 per cent of the cattle, 48 per cent of the hogs, and 73 per cent of the sheep slaughtered at the St. Joe plant originate in States other than the State of Missouri. Approximately 90 per cent of the products of livestock slaughtered at the St. Joe plant, both meat products and byproducts, are shipped to destinations out- side Missouri. During the year ending October 30, 1937, the St. Joe plant shipped approximately 152,000,000 pounds of products, having a total value of $22,000,000. Of these shipments 136,000,000 pounds of products were shipped to States other than the State of Missouri. The Company normally employs between 700 and 800 persons at its St. Joe plant. H. THE ORGANIZATIONS INVOLVED United Packing House Workers Industrial Union No. 767 is a labor organization affiliated with the Committee for Industrial Or- (yanization, admitting to membership employees of the Company's St. Joe plant. Coopers International Union of North America, Local Union No. 20, is a labor organization affiliated with the American Federation of Labor, admitting to membership all craftsmen coopers in the city of St. Joseph, Missouri, except supervisory employees. International Union of Operating Engineers, Local No. 120, is a labor organization affiliated with the American Federation of La- bor, admitting to membership all employees in the engine room of the Company's St. Joe plant, except supervisory employees. Armour Employees' Industrial Organization is an unaffiliated labor organization, admitting to membership employees of the Com- pany's St. Joe plant. 1242 NATIONAL LABOU RELATIONS BOARD International Brotherhood of Electrical Workers, Local Union 545 is a labor organization affiliated with the American Federation of Labor, admitting to membership electricians employed by the Company at its St. Joe plant. III. THE QUESTION CONCERNING REPRESENTATION Approximately 6 weeks before the date of the hearing, the officials of the Packing House Union called upon the Company and requested recognition as exclusive bargaining agency for the employees of the Company's St. Joe plant. This request was refused, the Company stating that it did not know whether the Packing House Union repre- sented majority of the employees of the plant. A similar request by the Armour Employees Organization was also rejected on the same ground. We find that a question has arisen concerning the representation of employees of the Company at its plant at South St. Joseph, Mis- souri. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS At the hearing the Company and the labor organizations which appeared stipulated that the employees of the Company at the St. Joe plant constitute three appropriate units, namely : (1) Employees of the cooper shop, excluding foremen, super- visory, clerical and straight salaried employees; (2) Employees of the engine room, excluding foremen, super- visory, clerical and straight salaried employees; (3) All hourly and piece-work paid production and maintenance employees, excluding supervisory employees, clerical employees, straight salaried employees, and employees in the cooper shop, engine room, laboratory, street-cleaning department, fire department and restaurant, policemen and watchmen, box pullers, janitors, janitors general, livestock drivers (buyer, driver cattle; buyer, driver sheep), chief engineers, scalers, matrons, automobile truck drivers and brick masons. DECISIONS AND ORDERS 1243 After the close of the hearing, the Company, the I. B. E. W., and the labor organizations which had appeared at the hearing stipu- lated in writing that the electricians employed at the Company's St. Joe plant constitute an appropriate unit. As stated above, we have incorporated this stipulation as part of the record in this proceeding. We see no reason for departing from the stipulated appropriate units. Accordingly, we find: (1) That the employees of the Company at its St. Joe plant employed in the cooper shop, excluding foremen , supervisory, clerical, and straight salaried employees , constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act; (2) That the employees of the Company at its St. Joe plant employed in the engine room, excluding foremen, supervisory , cleri- cal, and straight salaried employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act; (3) That the electricians employed by the Company at its St. Joe plant constitute a unit appropriate for the purposes of collective bar- gaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act; and (4) That all hourly and piece -work paid production and mainte- nance employees of the Company at its St. Joe plant , excluding supervisory employees, clerical employees, straight salaried employ- ees, and employees in the cooper shop, engine room, laboratory, street- cleaning department , fire department and restaurant , policemen and watchmen, box pullers, janitors, janitors general, livestock drivers (buyer, driver cattle; buyer, driver sheep ), chief engineers, scalers, matrons, automobile truck drivers , brick masons, and electricians, constitute a unit appropriate for the purposes of collective bargain- ing and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. These appropriate units will be referred to hereinafter as the first, second, third, and fourth appropriate unit, respectively. VI. THE DETERMINATION OF REPRESENTATIVES The Company and the labor organizations involved in this pro- ceeding agreed that the Company's pay roll for April 9, 1938, should 1244 NATIONAL LABOR RELATIONS BOARD be used to determine the representatives of the employees in the respective appropriate units. According to the Company's pay roll for April 9, 1938, there are 11 employees in the first appropriate unit. Eight of these employees have designated the Coopers Union as their representative for the purposes of collective bargaining. We find that the Coopers Union has been designated and selected by the majority of the employees in the first appropriate unit as their representative for the purposes of collective bargaining. It is, therefore, the exclusive representative of all the employees in such unit for the purposes of collective bar- gaining, and we will so certify. According to the Company's pay roll for April 9, 1938, there are 18 employees in the second appropriate unit. Fourteen of these employees have designated the Operating Engineers Union as their representative for the purposes of collective bargaining. We find that the Operating Engineers Union has been designated and selected by the majority of the employees in the second appropriate unit as their representative for the purposes of collective bargaining. It is, therefore, the exclusive representative of all the employees in such unit for the purposes of collective bargaining, and we will so certify. The Company and all the labor organizations involved in this pro- ceeding have stipulated in writing that all the employees in the third appropriate unit have designated the I. B. E. W. as their representa- tive for the purposes of collective bargaining. We are satisfied that such is the case. We find that the I. B. E. W. has been designated and selected by the majority of the employees in the third appro- priate unit as their representative for collective bargaining. It is, therefore, the exclusive representative of all the employees in such unit for the purposes of collective bargaining, and we will so certify. According to the Company's pay roll for April 9, 1938, there are 609 employees in the fourth appropriate unit. Two hundred and fifty-six of these employees have designated the Packing House Union as their representative for the purposes of collective bargain- ing, 68 have designated the Armour Employees Organization, and 29 have designated both organizations. We find that the question con- cerning representation of the employees in the fourth appropriate unit can best be resolved by holding an election by secret ballot. Since, as stated above, the Company and all the labor organizations involved in this proceeding agreed that the pay roll for April 9, 1938, should be used in determining the eligibility of employees to choose representatives for purposes of collective bargaining, it will be used for that purpose in the election which we are directing. Accordingly, the employees in the fourth appropriate unit whose names appear on the pay roll of the Company for the week ending April 9, 1938, shall be eligible to vote in the election. DECISIONS AND ORDERS 1245 Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Armour & Company at its plant at South St. Joseph, Missouri, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees in the cooper shop of the Company at its South St. Joseph, Missouri, plant, excluding foremen, supervisory, clerical, and straight salaried employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Coopers International Union of North America, Local Union No. 20, is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. 4. All employees in the engine room of the Company at its South St. Joseph, Missouri, plant, excluding foremen, supervisory, clerical, and straight salaried employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 5. International Union of Operating Engineers, Local Union No. 120, is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, within the meaning of Sec- tion 9 (c) of the National Labor Relations Act. 6. All electricians employed by the Company at its South St. Joseph, Missouri, plant, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 7. International Brotherhood of Electrical Workers, Local Union 545, is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, within the meaning of Sec- tion 9 (a) of the National Labor Relations Act. 8. All hourly and piece-work paid production and maintenance employees of the Company at its South St. Joseph, Missouri, plant, excluding supervisory employees, clerical employees, straight sal- aried employees, and employees in the cooper shop, engine room, laboratory, street-cleaning department, fire department and res- taurant, policemen, and watchmen, box pullers, janitors, janitors gen- eral, livestock drivers (buyer, driver cattle ; buyer, driver sheep), chief engineeers, scalers, matrons, automobile truck drivers, brick masons, and electricians, constitute a unit appropriate 'for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 1246 NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Coopers International Union of North America, Local Union No. 20, has been designated and selected by a majority of all the employees of the cooper shop of Armour & Com- pany at its South St. Joseph, Missouri, plant, excluding foremen, supervisory, clerical, and straight salaried employees, as their rep- resentative for the purposes of collective bargaining, and that pur- suant to the provisions of Section 9 (a) of the Act, Coopers Interna- tional Union of North America, Local Union No. 20, is the exclusive representative 'of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment; IT IS HEREBY CERTIFIED that International Union of Operating En- gineers, Local Union No. 120, has been designated and selected by a majority of all the employees in the engine room of Armour & Com- pany at its South St. Joseph, Missouri, plant, excluding foremen, supervisory, clerical, and straight salaried employees, as their rep- resentative for the purposes of collective bargaining, and that pur- suant to the provisions of Section 9 (a) of the Act, International Union of Operating Engineers, Local Union No. 120, is the exclusive representative of ' all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment; and IT IS HEREBY CERTIFIED that International Brotherhood of Electrical Workers, Local Union 545, has been designated and selected by a majority of all electricians employed by Armour & Company at its South St. Joseph, Missouri, plant, as their representative for the, purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, International Brotherhood of Electrical Workers, Local Union 545, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DECISIONS AND ORDERS 1247 DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Armour & Company for its South St. Joseph, Missouri, plant, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and super- vision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Relations Board, subject to Article III, Section 9, of said Rules and Regulations, among the hourly and piece-work paid production and maintenance employees of Armour & Company, employed at its South St. Joseph, Missouri,, plant, whose names appear upon the pay roll of the Company for the week ending April 9, excluding supervisory employees, clerical employees, straight salaried employees, and employees in the cooper shop, engine room, laboratory, street-cleaning department, fire de- partment and restaurant, policemen and watchmen, box pullers, jan- itors, janitors general, livestock drivers (buyer, driver cattle; buyer, driver sheep), chief engineers, scalers, matrons, automobile truck. drivers, brick masons, and electricians, and those who have since quit or been discharged for cause to determine whether such em- ployees desire to be represented by United Packing House Workers Industrial Union No. 767, affiliated with the Committee for Industrial Organization, or by Armour Employees' Industrial Organization, for the purposes of collective bargaining, or by neither.