Armour & Co. of Delaware

In the Matter of ARMOUR & COMPANY OF DELAWARE and P. W. O. C. ON BEHALF OF THE UNITED PACKINGHOUSE WORKERS OF AMERICA LOCAL No 184, AFFILIATED WITH THE C I O. Case No. K-3998 -Decided July 17, 1912 Jurisdiction : egg dehydrating industry Investigation and Certification of Representatives : existence of question re- fusal to accord petitioner recognition, election necessary Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding supervisory employees, supervisory engineer, policemen, watchmen, guards, and office and clerical employees Mr. Harry Brownstein, for the Board. - Mr. Marcus Whiting, of Chicago, Ill , for the Company. -Mr. H. R. Ballard, of Omaha, Nebr , for the United. Mr. Charles W. Schneider, 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 Amerca, Local No. 184, affiliated with the C. I. 0., herein called the United, alleging that a question affecting commerce had arisen concerning the representation of employees of Armour & Company of Delaware, Dennison, Iowa, herein called the Company, the National Labor Re- lations Board provided for an appropriate hearing upon due notice before Robert F. Koretz, Trial Examiner. Said hearing was held at Dennison, Iowa, on June 30, 1942. The Company and the United 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 Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed Upon the entire record in the case, the Board makes the following : 42N L R B, No 119 578 ARMOUR & COMPANY OF DELAWARE FINDINGS OF FACT I THE BUSINESS OF THE COMPANY 579 Armour & Company of Delaware is a Delaware corporation having its principal office and place of business in Chicago, Illinois. The Company operates an egg-bieaking and drying plant at Dennison, Iowa, which is the plant involved in this proceeding. The Dennison plant uses monthly about 36,000 cases of eggs, approximately 20 percent of.which is secured from sources outside the State of Iowa. The Company ships monthly from the Dennison plant to destina- outside the State of Iowa substantially its entire output, con- tions sisting of approximately 360,000 pounds of egg powder. The Company admits that it is engaged in interstate commerce at the Dennison plant. II. THE ORGANIZATION INVOLVED Packinghouse Woikers Organizing Committee is a labor organiza- tion affiliated with the Congiess of Industrial Organizations admit" ting to membership employees of the Company. Local No. 184, United Packinghouse Workers of America, is an affiliate of Packing- house Workers Organizing Committee at the Dennison, Iowa, plant of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about April 8, 1942, the United requested the Company to recognize it as the sole collective bargaining representative at the Dennison plant On or about April 14, the Company informed the United that it would not recognize the United as such representative until it had been certified by the Board A report of the Regional Director, introduced into evidence at the hearing, indicates that the United represents a substantial num- ber of employees within the unit which we hereinafter find to be appropriate 1 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 National Labor Relations Act IV. THE APPROPRIATE UNIT In accordance with the contention of the United, which the Com- pany does not oppose, we find that all production and maintenance ' The United submitted to the Regional Director 150 membership-application cards, all bearing apparently genuine original signatures Eight of the cards were undated, 100 dated in March, and 42 in April 1942, 138 of the 150 signatures were the names of persons on the Company's May 29, 1942, pay roll , listing 151 employees within the appropriate unit. 580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees of the Company's Dennison, Iowa, plant, excluding super- visory employees, the supervisory engineer, policemen, watchmen, guards, and office and clerical employees, constitute a unit appro- priate for the purposes of collective bargaining 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 em- ployees in the appropriate unit who were employed during the pay- toll 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 P (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Aiticle III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain iepresenta-, tives for the purposes of collective bargaining with Armour & Com- pany of Delaware, Dennison, Iowa, 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 of Election, under the direction and supervision of the Regional Director for the Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regu- lations, among the employees of the Company in the unit found to, be appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including 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 for the pur- poses of collective bargaining by Packinghouse Workers Organizing Committee, United Packinghouse Workers of America, Local No. 184, affiliated with the Congress of Industrial Organizations. MR. GERARD D REILLY took no part in the consideration of the above Decision and Direction of Election