Armour & Co. of Delaware

In the Matter of ARMOUR & COMPANY OF DELAWARE and MILK DRIVERS, DAIRY & ICE CREAM EMPLOYEES UNION LOCAL 387 (AFL) Case No. R-3995.-Decided July 20, 1942' Jurisdiction : dairy and poultry industry. - Investigation and Certification of Representatives: existence of question re- fusal to accoid petitioner recognition until ceitified by the Board, election necessary Unit Appropriate for Collective Bargaining : all employees of the egg-breaking and poultry evisceration plant and the creamery and poultry-diessing plant, excluding policemen, guards, engineelc, and clerical, office, and supervisory employees, no controversy as to Mr Harry Brownstein, for the Board Mr Marcus Whiting, of Chicago, Ill , for the Company. Connolly, O'Malley and McNutt by Mr. C. I. McNutt, and Mr. Sam Winsky, of Des Moines, Iowa, for the Union. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Milk Drivers, Dairy & Ice Cream Em- ployees Union Local 387 (AFL), herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Armour & Company of Delaware, Des Moines, Iowa, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Robert F Koretz, Trial Examiner.' Said hearing was held at Des Moines, Iowa, on June 29, 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 evi- dence bearing on the issues The Trial Examiner's rulings made at the hearing are free fiom prejudicial error and are hereby affirmed.' Upon the entire iecord in the case, the Board makes the following: ' On July 16, 1942, the parties filed a stipulation for correction of the record The stipu- lation is hereby approved, and the record is ordered to be corrected in accoid inee therei%ith 42 N L R B, No 127 623 624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Armour & Company of Delaware is a Delaware corporation having its principal office and place of business in Chicago, Illinois. The Company operates two plants at Des Moines, Iowa, one of which is engaged in egg-breaking and poultry evisceration, and the other of which is engaged in the manufactuie of butter, the feeding and dress- ing of poultry, and the handling of shell eggs The piesent proceed- ings involve these two plants During the fiscal year ending Novem- ber 1, 1941, the Company used at the Des Moines plants apps oximately 5,500 tons of raw materials and supplies valued at over $1,500,000, 12 percent of which was secuied from sources outside the State of Iowa. During the same period, the Company shipped from the Des Moines plants approximately 5,500 tons of products valued at over $1,500,000, 92 percent of which was shipped to destinations outside the State of Iowa The Company admits that it is engaged in commerce at the Des Moines plants within the meaning of the National Labor Relations Act. II TIIE ORGANIZATION INVOLVED Milk Drivers, Daily & Ice Cream Employees Union Local 387 is a labor organization affiliated with International Brotherhood of Team- sters, Chauffeurs, Waiehousemen and Helpeis, and the American Federation'of Labor, admitting to membership employees of the Company III THE QUESTION CONCERNING REPRESENTATION On of about April 20, 1942, the Union iequested the Company to recognize it as exclusive baigaiing iepiesentative of the employees -of the Company's Des Moines plants The Company declined to recognize the Union as such repiesentative until it had been certified by the Board A report of the Regional Director introduced into evidence at the heating indicates that the Union iepresents a substantial number of employees in the unit which we hereinafter find to be appropriate.' IV. THE APPROPRIATE UNIT In accordance with the contention of the Union, which the Company does not oppose, we find that all employees of the egg-breaking and 2 The Union submitted to the Regional Diiector 90 membership application cards, 11 of shich were dated in March and 79 in April 1942 All the cards bore apparently genuine original signatures , 66 of which were the names of persons on the Compain's May 2, 1042, pay loll , listing 156 emploiees in the appropriate unit Fifty-six of the names on the cards appear on the pay roll of the egg-breaking and Poultry eisceiation plant , containing 99 iniployees Ten appear on the pay roll of the creamers and poultr% dressing plant, Con- taining 25 employees , ARMOUR & COMPANY OF DELAWARE 625 houltiy evisceration plant, and the creamery and poultry dreseing plant, excluding policemen, guards, engineers, and clellcal, office, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act 3 V TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning iepresentation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropiiate 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 Dii ection - DIRECTION OF ELECTION By vii tue 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS IIERE13Y DIRECTLD that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Armour & Company of Delaware, Des Moines, 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 Regulations, among the employees in the unit found to be appropriate in Section IV, above, who were employed during the pay-loll 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 trailing of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether of not they desiie to be represented) fo1 the purposes of collective bargaining by Milk Drivers, Daily & Ice Cream Em- ployees Union Local 387, affiliated with International Brotherhood of _Teamstels, Chauffeurs, Warehousemen and Helpers, and the American Federation of Labor Mn GERARD D REILLY took no part in the consideration of the above Decision and Direction of Election Although separated by 12 city blocks , the 2 plants constitute one operational unit They hive the same manager , assistant manager , and cloical force, and a single seniority plan Emplo3ees are frequently interchanged The plants are sepaiated only because there is insufficient space to accommodate all departments under one roof 472814-42-vol 42-40