Armour & Co.

In the Matter of ARMOUR & COMPANY and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, ON BEHALF OF UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL 347, AFFILIATED WITH THE C. I. O. Case No R-3934 -Decided July 15, 1942 Jurisdiction . meat slaughteiing and processing industry Investigation and Certification of Representatives : existence of question re- fusal to accord petitioner recognition until certified by the Boaid, election necessary Unit Appropriate for Collective Bargaining : fliemen, excluding the fire chief and his assistant Definitions : fiiemen held to be employees within the meaning of Section 2 (3) of the Act Mr Paul E Blanchard, of Chicago, III, for the Company. Mr. Herbert J Vogt and Mr. 'Sigmund J. Wlodarczyk, of Chicago, 111, for the Union Mr J Benson Saks, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Packinghouse Workers OI ganizing Com- mittee, on behalf of United Packinghouse Woikers of America, Local 347, affiliated with the Congress of Industrial Oiganizations, herein called the Union, alleging that a question affecting commerce had arisen=concerning the i epresentation of employees of Armour & Com- pany, Union Stock Yai ds, Chicago, Illinois, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice befoie Lester Asher, Trial Examiner Said hearing Was held at Chicago, Illinois, on June 11, 1942 The Company and the Union appeased,, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses. and to introduce evidence bearing on the issues The Trial Exam- iner's rulings made at the hearing are free from prejudicial errors and are hereby affirmed Upon the entire record in the case, the Board makes the following 42 N L R B, No 102 '495 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I THE ]BUSINESS OF THE COMPANY Armour & Company is an Illinois corpoiation, having its piiicipaI office and place of business in Chicago, Illinois It is engaged in the operation of a slaughtering plant at Chicago, Illinois, at which live animals aie slaughtered and meat and other edible and nonedible prod- ucts are piepared During the fiscal year 1941, the Company received at its Chicago plant approximately 1,800,000,000 pounds of live animals and other raw materials, 75 percent of the total value of which repre- sented receipts from outside the State of Illinois During the same period, the Company shipped fiom that plant approximately 1,500,- 000,000 pounds of meat products, 80 percent of the total value thereof representing shipments to States other than Illinois 'The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act II THE ORGANIZATION INVOLVED United Packinghouse Workers of America, Local 347, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company III THE QUESTION CONCERNING REPRESENTATION On March 18, 1942, the Union requested recognition as sole bargain- ing agent for employees of the Company in an alleged appiopiiate unit consisting of the employees in the Company's fire fighting department, excluding the fife chief and his assistant The Company has refused such Iecognrtioil until the Union should be so certified by the Boaid A iepoit of the Regional Dliector, introduced in evidence at the heai - ing, shows that the Union iepiesents a substantial numbei of employee,, in the unit heieinaftei found appropriate We find that a question affecting commerce has arisen conceining the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act Il THE APPROPRIATE UNIT The Union contends that the Company's fire fighting force, consist- ing of eight employees excluding the fire chief and his assistant, consti- tutes an appropriate unit These eight employees open ate and main- I The Regional Phiectoi iepoits that an examination of the Unions dues ieco,ds discloses that the eight emplo3 ees, who are alleged to be vv ithin the app, opriate unit, a, e members in good standing of the Union , and that their names appeal on the Company 's pay roil of Mai 16, 1942 ARMOUR & COMPANT 497 tarn the Company's fire fighting equipment, see that the Company's fire protection rules ale obeyed, and are in complete charge of any small fires occuixmg at the plant and work with the file department of the city of Chicago in the case of large flies These employees wear distinctive the hats and have been assigned to a separate hall, where they sleep during the nights on which they ale required to be at the plant The Union and the Company have a written contract, expiring August 11, 1942, covering a production and maintenance unit from which the firemen, inter alia, are excluded The conti act further pro- vides for recognition of the Union by the Company as bargaining agent for any unit ceitified by the Boaid of which in the futuie may be ceiti- fied by the Board The Union desires, as stated above, a separate unit for the firemen However, it does "not want to work any hardship" and is "willing to have these fellows thrown under the general principles of the master agieement, with certain provisions pertaining to the fire department " The Company opposes a separate unit for the firemen and`objects'to their,iriclusron in the larger unit. The Company argues, in suppoi t of its contention that the firemen do not constitute a separate appropriate unit, that the character of their work is such as to identify them with the management rather than with ordinary employees Accordingly, the Company contends, these employees should not be put in a position where their loyalty will be divided of put under strain The Company also opposes enlarging the unit described in the master ,agreement because of the previous lustoiy of collective bargaining which led to the exclusion of firemen from the unit of production and maintenance employees covered by such agreement 2 We find the Company's objections to be without merit Clearly, the relationship between th9 Company and the firemen is that of enn- ployei and employee We find nothing in the duties of the firemen, set forth' above, to warrant, dept ruing them of the fights of self-organiza- tion and collective baigauung guaranteed employees under the Act_ We find that firemen ai e employees within the meaning of Section 2 (3) of the Act and are entitled to the benefits of the Act 3 Since the Union piefers the designation of the firemen as a sepal ate unit, and since we deem such unit to be appropriate, we need not consider the Company's objections to the enlargement of the production and maintenance unit ' Beginning in 1938 the Boaid ttrice ordered elections at the Contpnny's plant in a pro- duction and maintenance unit from which fircnien , mater alga, were excluded , and twice certified the Union as collective baigaimng representative fox employees in such unit, 8 N L R B 1100, 10 N L R B 891 16 N L R B 345, 351, 18 N L R B 257 Subse- quent to the last certification the Conipan3 and the Union entered into the master agree- ment referred to above 9 See Fiigsdatic Division, Geneial Motors Co, poiation and United Electrical Radio & Ma- chine ihorlrei of Ameirra (C 1 0 ), 39 IN L R B 1108 4 7 2 81 4-4 2-ton 42--42 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the firemen, excluding the fire chief and his assistant, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act 4 V THE DETERMINATION OF REPRESENTATISES We shall direct that the question conceining representation, which has arisen, be resolved by an election by seciet ballot among the em- ployees 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Armour & Com- pany, Union Stock Yaids, Chicago, Illinois, 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 supervision of the Regional Director for the Thirteenth 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 were employed at the Company's Union Stockyards, Chicago, Illinois, plant during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said 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^excludmg,any who have since-quit or been discharged for cause, to determine whether or not they desne to be represented by United Packinghouse Workers of America, Local 347, affiliated with the Congress of Industrial Organizations, for purposes of collective bargaining. I The Company does not oppose the exclusion of the fire chief and his assistant