Armour & Co.

In the Matter Of ARMOUR & COMPANY and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE ON BEHALF OF UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL No 13 , AFFILIATED WITH THE C I. O: Case No B-3907 -Decided July 8, 1942 Jurisdiction : meat packing industry Investigation and Certification of Representatives : existence of question re- fusal to accord petitionei recognition until certified by the Board, election necessary Unit Appropriate for Collective Bargaining : all hourly paid and piece-work production and maintenance employees, at one of Company's slaughtering plants, including gang leaders and certain named checkers, but excluding supervisory, general office employees, firemen, watchmen, wholesale market employees, nine city delivery truck drivers, restaurant employees, garage em- ployees and checkers other than those specifically included Mr Paul E. -Blanchard, of Chicago, Ill , for the Company. Mr James P. Dean, Mr Herbert C Keller, and Mr. Buck Whit- taker, of Oklahoma City, Okla, for the Union Mr. George H Gentithes, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Packinghouse Workers Organizing Committee on Behalf of United Packinghouse Workers of America, Local No 13, affiliated with the C I O , herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Armour & Company, Oklahoma City, Oklahoma, heiein called the Company, the National Labor Re- lations Board provided for an appropriate hearing upon due notice before Elmer P Davis, Trial Examiner Said hearing was held at Oklahoma City, Oklahoma, on June 1, 1942 The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues The Tiial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire iecord in the case, the Board makes the following: 42 N L R B, No 36 169 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Armour & Company is an Illinois corporation with its principal office and place of business in Chicago, Illinois It owns and oper- ates a slaughtering plant in Oklahoma City, Oklahoma Only this plant is involved in the present pioceedings During the fiscal year of 1941 the Company received at the Oklahoma City plant 177,000,000 pounds of live animals and materials, of which 15 percent by weight and 20 peicent by value originated outside the State of Oklahoma. During this same period, the Company shipped from this plant ap- proximately 130,000,000 pounds of finished pioducts, of which 55 percent, by weight and by value, was shipped from Oklahoma City to points outside the State of Oklahoma The Company admits that it is engaged in commeice, within the meaning of the National Labor Relations Act II THE ORGANIZATION INVOLVED Packinghouse Workers Organizing Committee on behalf of United Packinghouse Woikers of America, Local No 13, is a labor organiza- tion affiliated with the Congiess of Industrial Oiganizations admit- ting to membership employees of the Company III THE QUESTION CONCERNING REPRESENTATION On March 25, 1942, the Union iequested that the Company grant it exclusive baigaining rights The Company declined to iecognize the Union until an election should be held and the Union should be certified by the Board as the sole collective bargaining agent A statement of a Field Examiner, introduced in evidence at the hearing, shows that the Union iepiesents a substantial number of employees in the unit hereinafter found appiopilate 1 We find that a question affecting commerce has aiisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Laboi Relations Act IV TIIE APPROPRIATE UNIT The Union petitioned for a unit consisting of all houily paid and piece-work production and maintenance employees of the Oklahoma City plant, excluding supervisors (comprising the superintendent, as- sistant superintendent, foremen, assistant foremen), general office 'The Field Examiner reported that the Union had submitted 530 authorization cards 424 of which bore apparently genuine signatures of persons whose names appeared on the Company's pay roll of April 4, 1942, contnming 938 names Four of these were duplicates The remaining 420 cards are dated from Decembei 1941 to Januaiy 1942 ARMOUR & COMPANY 171 employees, firemen, watchmen, wholesale market employees, truck drivers, restaurant employees, checkers, and garage employees By stipulation during the hearing the parties agreed that no dispute exists as to any of these classifications other than truck drivers, restaurant employees, checkers, and garage employees They further agreed and we find that of the 11 truck drivers, the 2 who are em- ployed in driving trucks within the plant should be included and the other 9 who perform delivery duties in the city, should be excluded The Union seeks the exclusion of all restaurant employees, while the Company, apparently, would prefer then inclusion With the exception of a small number of waitresses who are temporarily bor- rowed from the Company's production departments to assist during the lunch hour, all restaurant employees are limited in their work to such functions as relate to the operation or maintenance of the lunchroom Since such employees perform no production or mainte- nance work we shall exclude them The waitresses temporarily bor- rowed from production departments to perform restaurant services shall be entitled to vote as production employees The Union specifically requested the inclusion of four checkers, namely, Elmer Kassl, Preston Hanson, Wilbur Wiseman, and Roy Trumbley The Company took no position Since these four checkers as distinguished from the remaining three, devote much of their time to common labor, as well as to checking, we shall include them as requested by the Union The Union further requested in its petition that gar age employees be excluded Two such employees are involved, the one being the garage foreman and the other an assistant engaged in lubricating and washing cars Since one is ap- parently a supervisory employee, and since the work of both differ, materially from that of the production and maintenance employees we shall exclude them Evidence adduced in the course of the hearing establishes that of the 48 men listed by the Company as foremen and assistant fore- men, 12 are considered gang leaders The Company took no position as to the inclusion or exclusion of this leader group, while the Union prefers to leave the decision to the Board With the exception of two of the gang leaders, namely, Jackson and Sakaly, the others per form a consider able amount of manual labor Although none of the gang leaders is empowered to hire or discharge or recommend hiring or discharging, nevertheless_tbe two leaders above named devote most of then time in directing and supervising the work of those in their gang Each of these two men supervises about 50 men In view of these facts, we shall exclude Jackson and Sakaly and include the other 10 gang leaders 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all hourly paid and piece-work production and main- tenance employees of the Company at its Oklahoma City plant, in- cluding gang leaders and Elmer Kassl, Preston Hanson, Wilbur Wiseman, and Roy Trumbley, but excluding supervisors (superin- tendent, assistant supeirntendent , foremen, assistant foremen, Jack- son, and Sakaly), general office employees, firemen, watchmen, whole- sale market employees, the nine city delivery truck drivers, restau- rant employees, garage employees, and checkers other than Elmer Kassl, Preston Hanson, Wilbur Wiseman, and Roy Trumbley, con- stitute a unit appropriate for the purposes of collective baigainmrg, 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 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 Re- lations Apt, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Armour & Company, Oklahoma City, Oklahoma, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days after the date of this Direction, under the direction and super vision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV above, who are employed during the pay-roll period immediately pre- ceding the date of this Direction, including any such employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Packinghouse Workers Organizing Committee on behalf of United Packinghouse Workers of America, Local No 13, affiliated with the C 1 0 , for the purposes of collective bargaining In the Matter of ARMOUR & COMPANY and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE ON BEHALF OF UNITED PACKINGHOUSE WORK- ERS OF AMERICA, LOCAL No 13, AFFILIATED WITH THE C I. O. Case No. R-3907 CERTIFICATION OF REPRESENTATIVES August 5, 1942 On July 7, 1942, the National Labor Relations Board issued a. Deci- sion and Dllectlon of Election in this proceeding 1 Pursuant to the Direction of Election, an election by secret ballot was conducted on July 17, 1942, under the dnectlon and supervision of the Regional Director for the Sixteenth Region (Fort Wolth, Texas) On July 27, 1942, the Regional Diiector acting pursuant to Article III, Section 9, of National Labor Relations Boaid Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Re- port No objections to the conduct of the election or to the Election Report have been filed by either of the parties As to the balloting and its results, the Regional Director reported as follows Total on eligibility list------------------------------------ 1, 086 Total ballots cast----------------------------------------- 843 Total ballots challenged----------------------------------- 14 Total blai,k ballots---------------------------------------- 0 Total i oid ballots----------------------------------------- 5 Total valid Notes counted---------------------------------- 824 Votes cast foi PWOC on behalf of United Packinghouse Woik- eis of Ameiica, Local #13, affiliated with the C I 0------ 718 Votes cast against PWOC on behalf of United Packinghouse Xvoikeis of Ameiica, Local #13, affiliated with the C I O-- 106 By viitue of and puisuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat 449, and puisuant to Aitlcle III, Sections 8 and 9, of National Labor Relations Boaid Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Packinghouse Workers Olganizing Com- mltte on behalf of United Packinghouse Workers of America, Local No 13, affiliated with the C I O , has been designated and selected by 142 N L R B 169 42 N L R B , No 36a 173 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a majority of all hourly paid and piece-work production and main- tenance employees of Armour & Company, Oklahoma City, Oklahoma, at its Oklahoma City plant, including gang leaders and Elmer Kassl, Preston Hanson, Wilbur Wiseman, and Roy Trumbley, but excluding supervisors (superintendent, assistant superintendent, foremen, as- sistant foremen, Jackson, and Sakaly), general office employees, fire- men, watchmen, wholesale market employees, the nine city delivery truck drivers, restaurant employees, garage employees, and checkers other than Elmer Kassl, Preston Hanson, Wilbur Wiseman, and Roy Trumbley, as their representative for the purposes of collective bar- gaining and that, pursuant to Section 9 (a) of the Act, Packinghouse Workers Organizing Committee on bel alf of United Packinghouse Workers of America, Local No 13, affiliated with the C I O , is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and_ other conditions of employment.