Armour and Co.

Ili the Matter-of ARMOUR AND COMPANY and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH A11ERICA, LOCAL 377, AFFILIATED WITH AMERICAN FEDERATION OF LABOR Case No. R-4045. Decided August 18,19 42 Jurisdiction : meat slaughtering and distributing industry Investigation and Certification of Representatives : existence of question: .refusal to accord petitioner recognition until certified by the Board; labor or- ganization R hich did not appear at hearing or request a place on ballot, but which record disclosed had some interest in the proceeding, accorded place on ballot with permission to withdraw, upon request; election necessary. . Unit Appropriate for Collective Bargaining : production and , maintenance employees at Company's Grand Forks, North Dakota, plant; specified inclusions and exclusions. Mr. Marcus Whiting, of Chicago, Ill., for the Company. Mr. Joseph P. McCoy, of-Chieabo, Ill., Mr. E. A. Solberg, of Minne- apolis, Minn., Mr. Dougal Clarle, and Mr. William Shane, of Grand Forks, N. Dak., for the Amalgamated. Mr. Louis A. Pontello, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE I Upon petition duly filed by Amalgamated Meat Cutters and Butcher Workmen of North America , Local 377; affiliated with the American Federation of Labor , herein called the Amalgamated , alleging that a question affecting commerce has arisen concerning the representation of employees , of Armour and Company, Grand Forks , North Dakota, ' herein called the Company , the National Labor Relations Board pro- vided for an appropriate hearing upon due notice befoi e Harry Brown- stein, Trial Examiner . The Company and the Amalgamated appeared and participated . All parties were afforded full opportunity to be heard, to examine and cross -examine witnesses , and to introduce evi i Packinghouse Workers Organizing Committee, District No. 2, herein called the P. W 0 C, although served R ith notice, did not appe.it 43 N L R B, No 46 307 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD deuce bearing on the issues. The^Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affrmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Armour and Company, an Illinois corporation, having'its principal office and place of business at' Chicabo, Illinois, operates a packing- house in Grand Forks, North Dakota, for the slaughtering of beef and the distribution of meat products. That plant alone is involved in this proceeding. From December 1, 1941, through June 27, 1942, the Com- pany received at the plant in,Grand Forks shipments of livestock, salt, coal, and oilier manufacturing supplies and materials, in the amount of approximately 30 million pounds,-exceeding $100,000 in value. Approximately 28.02 percent of such inbound shipments origi- nated at points outside the State of North Dakota. During the same period, the Company shipped from the Grand Foils plant, approxi- mately 21 million pounds of fresh and cured meats, hides. and other product's derived from the slaughter of live animals. The sales for this period were in excess of $100,000 by value. Approximately 70.33 percent of such outbound shipments moved to points outside the State of North"Dakota. The Company admits it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Amalgamated Meat Cutters and Butcher Workmen of North Amer- ica, Local 377, is a labor organization affiliated with the American Federation of' Labor, admitting to membership employees of the Company. Packinghouse Workers Organizing Committee, District No. 2, is a labor organization affiliated. with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. ITI. THE QUESTION CONCERNING REPRESENTATION The Company and the. Amalgamated stipulated and agreed that shortly before March 1, 1942, the Amalgamated requested recognition as'the exclusive representative of the employees at the Grand Forks plant ; the Company refused to grant such recognition until the Amalgamated was certified by the Board. I ARMOUR AND COMPANY 309 A statement of the Regional Director introduced into evidence shows that the Amalgamated represents a substantial number of the em- ployees in the unit hereinafter found to be appropriate.2 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 Act. IV. THE APPROPRIATE UNIT The Amalgamated contends that the appropriate unit should be composed of all production and maintenance employees including checkers, Wang leaders, and livestock handlers,,but excluding super- intendents, managers, foremen, and clerical workers in the general office. The Company and the Amalgamated agree to the exclusion from the unit the following: policemen and watchmen who are depu- tized and exercise police powers; livestock cashiers; messengers and salesmen,, who do not work part-time in the production and mainte- nance line;,truck drivers; and chemists.4' The Company desires the further exclusion, and the Amalgamated desires the inclusion of the following, to wit: checkers, scalers, grad- ers, weighmasters, plant and storeroom clerks, and working foremen. C7ieckers-The duties of the checkers are the checking of products on sale, checking products leaving the plant, and checking products of the kill and producing departments going to the freezers. They 'must slake their reports to the office. The Company contends that the checkers should be classified as managerial employees, and that they do no production or maintenance work. We are of the opinion, and find, that the Company's checkers do clerical work and should therefore be excluded from the unit.' Sealers and Graders-Three employees fill the jobs of scalers and graders. As the hot carcasses come off of the kill, they are weighed by scalers, who record the hot weight upon a ticket which they attach to 2 The Regional Director reported that the Amalgamated presented 50 undated authori- zation cards; that all the cards appeared to bear genuine, original signatures; that 44 of the signatures were the names of persons whose names appealed on the pay roll sub- mitted by the Companv as of June 3, 1942, containing 65 names The P W 0 C submitted to the Regional Director 8 membership application cards dated as follows: undated, 2 , March 23, 1942, 1 , Apul 1942, 5 All the cards submitted appeared to bear genuine, original signatures and all of those signatures are the names of persons whose names appeal on the pay roll submitted by the Company as of June 3, 1942, containing 65 names 3 There ai e no salesmen employed at the plant at this time 4 These are no chemists employed at the plant at this time 6 See Mattel of lVilcon and Co and Local Tinton #6, United Packing/ou .se, Wonhe>s of Amelea of Paclanymouse Workers Oiganizmq Committee, 14 N. L R B 283, illatte? of Ammoui and Coni.pany of Delawme and Amalgamated Meat Cutters and Butclmi 1Vortnnen of 1o, thAmerica,Local 116,36N L R. B 674. 310, DECISIONS' OF NATIONAL LABOR RELATIONS BOARD the carcass. , In addition to scaling, the scalers also serve as graders. The Company contends that the scalers are a part of the office and accounting set-up and that they do no production or maintenance work. There appear to be two graders employed by the Company, one of whom is a hot beef (carcass) grader and the other a dressed beef grader. Their duties are to grade the beef in order to establish a quality grade upon it. The hot beef-grader operates under the sales department of the plant and not under the operating department. A representative of the Amalgamated stated that if the graders were only grading beef and not also doing part-time scaling work, it would not admit them. Under the circumstances and in view of the nature of their work we shall exclude the scalers and grader's from the appropriate unit. Weig/zmmasters-The Company employs two or three bonded weigh- masters. It is their duty to weigh livestock as it is brought in by the farmers or ranchers and then, make up the weight tickets on such livestock. They make up buy sheets at the end of each day and also serve as clerks for the livestock division. The Company contends that the weighmasters are also a part of their accounting set-up'. They are on the Chicago pay roll, as are all office help, and they are paid on a weekly basis. The other employees of the plant are on the local plant pay roll. The weighmasters come under an office pension fund in which only the Chicago employees and the managerial em- ployees are eligible. We shall exclude the weighmasters from the appropriate unrt. Plant and storeroom clerks-The work of these employees is to keep an inventory of all mechanical and general storeroom supplies, issue the supplies out upon orders, and keep records of the inventory on hand. A plant clerk keeps the clerical records of various depart- ments throughout the packing plant. They are considered as a part of the Company's accounting set-up and are eligible for positions in the office. We shall exclude the plant and storeroom clerks from the appro- priate unit since they are not engaged in production or maintenance works Working foremen-The record discloses that the working foremen actin a supervisory capacity part of the time and work along with the men under their supervision part. of the time. They are not re- sponsible to any other foremen, but report directly to the superin- tendent. The working foremen have the right to hire and discharge employees without first reporting to the superintendent. "See Matter of 9rniour and Co and United Packinghouse Worlers, Local Industrial, Union, No 13, of P. IV. 0 C, affiliated itith C 1 0, 13 N. L R B 567. ARMOUR AND COMPANY ,311 Under such circumstances, the "working foremen.will be excluded from the bargaining unit as they serve in a supervisory capacity.? We find that 'all production ,and maintenance employees of the Company at its Grand Forks, North Dakota', plant, including, gang leaders and livestock handlers, but excluding superintendents, man- agers, foremen, clerical workers in the general office, policemen and watchmen who are deputized and exercise police powers, livestock, cashiers, messengers and salesmen who do not work part time in the production or Intdntenance line, truck. drii-ers, chemists,' checkers, scalers, graders, welghlnasters, plant and storeroom clerks, and work- ing foremen, constitute a unit appropriate for the purposes of col-, lective bargaining within the meaning of Section-9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES j We find that the question concerning, representation which has arisen can best be resolved by an election by secret ballot. Notwith- standing the failure of the P. W. O. C. to appear at` the hearing or to request a place on the ballot, we shall accord to it a place on the bal- lot, inasmuch as the record discloses it has some interest in the pro- ceeding.8 However; the P. W. O. C. will be permitted to withdraw from the ballot upon filing a written request.to that effect with the Regional Director for the Eighteenth Region within five (5) days from the date of this Decision' and Direction of -Election. In accordance with our usual practice, we shall, direct that the employees eligible to vote in the election shall be those-in the appro- priate unit who were employed during the pay-roll period unnle- diately preceding the date of the Direction of Election herein, sub= ject 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 La- bor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to asc rtaln representa- tives for the purposes of collective bargaining with Armour and Company, Grand Forks, North Dakota, an election-by secret ballot shall be conducted as early as possible, but not later than thirty (30) ' See Matter of Lincoln Pacl.ing Co and Amalgamated Meat Cutters and Butcher Work- men of North America, 39 N L R B 855 ; Matter of A Fink and Sons Co, Inc and Amalgamated Meat Cotters and Butcher Workmen of North America, Local 422,-9 N L R B 441 8See Matter of Hygiade Food Products Corp and United Preserved Fish and Food Packers Union Local 102, 37 N: L R B 305 • i 312 DECISIONS OF NATIONAL LABOR RELATIO\TS BOARD days from the date of this Direction, under the direction and super- vision of the Regional Director for the Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject 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 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 vaca- tion or in the active military service or training of the United States or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Amalgamated Meat Cutters and Butcher Workmen of North America, Local 377, A. F. of L., or by the Packinghouse Workers Organizing Committee, District No. 2, ' C. I. 0., for 'the purposes of.collective bargaining, or by neither. CI-IAIRMAN Mm ms took no part in the consideration of the above Decision and Direction of Election.