Armour & Co.

In the Matter of ARMOUR & COMPANY and AMALGAMATED MEAT CUT- TERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL No. 641 In the Matter of ARMOUR. & COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 1 In the Matter of ARMOUR & COMPANY and UNITED PACKING HOUSE WORKERS LOCAL INDUSTRIAL UNION No. 300 In the Matter of ARMOUR & COMPANY and UNITED PACKING HOUSE WORKERS LOCAL INDUSTRIAL UNION No. 300 Cases Nos. C-647, C-648, C--W, and R-710, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 14,1939 On November 29, 1938, the National Labor Relations Board, herein called the Board, issued its Decision, Order, and Direction of Elec- tions 1 in the above-entitled proceedings. On January 27, 1939, the Board issued an Amended Direction of Elections.2 The Amended Direction of Elections provided that elections be conducted (1) Among all the packing-house workers of Armour & Company, Denver, Colorado, herein called the respondent, who were employed during the pay-roll period immediately preceding the date of the Amended Direction of Elections, including persons laid off within sixty (60) days prior to said pay-roll period, but excluding super- visory and clerical employees, engineers, firemen, and helpers in the engine and boiler rooms, watchmen and deputized officers, and ex- cluding those who had since quit or been discharged for cause, to determine whether they desired to be represented by United Packing House Workers Local Industrial Union No. 300 or by Amalgamated Meat Cutters and Butcher Workmen of North American, Local No. 641, for the purposes of collective bargaining, or by neither; (2) Among the engineers, firemen, and helpers in the engine and boiler rooms who were employed by the respondent during the pay- 9 N. L. R. B. 1295. 210 N. L R. B. 1437. 11 N. L. R. B., No. 102. 1138 ARMOUR & COMPANY ET AL . 1139 roll period immediately preceding the date of the Amended Direction of Elections, including persons laid off within sixty (60) days prior to said pay-roll period, but excluding those who had since quit or been discharged for cause, to determine whether they desired to be represented by International Union of Operating Engineers, Local No. 1 or by United Packing House Workers Local Industrial Union No. 300, for the purposes of collective bargaining, or by neither. Pursuant to the Amended Direction of Elections, elections by secret ballot were conducted on February 8, 1939, at Denver, Colorado, under the direction and supervision of the Regional Director for the Twenty-second Region (Denver, Colorado). On February 10, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties his Intermediate Report on the secret ballot. No objections or exceptions to the Intermediate Report have been filed by any of the parties. As to the balloting among the packing-house workers, excluding supervisory and clerical employees, engineers, firemen, and helpers in the engine and boiler rooms, and watchmen and deputized officers, the Regional Director reported as follows : Total number of employees eligible to vote-------------------- 345 Total number of ballots counted----------------------------- 340 Ballots cast for Amalgamated Meat Cutters and Butcher Work- men of North America, Local No. 641, affiliated with A. F. of L------------------------------------------------ 134 Ballots cast for United Packing House Workers Local Industrial Union No. 300, affiliated with C. I. 0----------------------- 205 Ballots cast for neither Amalgamated Meat Cutters and Butcher Workmen of North America, LocaF No. 641, nor United Pack- ing House Workers Local Industrial Union No. 300---------- 1 Blank ballots----------------------------------------------- o Void ballots------------------------------------------------ 0 Challenged ballots------------------------------------------ 25 As to the balloting among the engineers, firemen, and helpers in the engine and boiler rooms, the Regional Director reported as follows: Total number of employees eligible to vote--------------------- 17 Total number of ballots counted------------------------------ 17 Ballots cast for International Union of Operating Engineers, Local No. 1, affiliated with A. F. of L----------------------- 7 Ballots cast for United Packing House Workers Local Industrial Union No. 300; affiliated with C. I. 0------------------------ 0 Ballots cast for neither International Union of Operating En- gineers, Local No. 1, nor United Packing House Workers Local Industrial Union No. 300--------------------------- 10 Blank ballots----------------------------------------------- 0 Void ballots------------------------------------------------ 0 Challenged ballots------------------------------------------ 2 1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Inasmuch as the outcome of the elections would not be affected by the challenged ballots, we find it unnecessary to rule upon the challenges. Since a majority of the engineers, firemen, and helpers in the engine and boiler rooms, have indicated that they do not desire to be represented by either of the named labor organizations, we shall not at this time certify any bargaining representative for them. Upon the basis of the entire record, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all the packing-house workers of the respondent, excluding supervisory and clerical employees, engineers, firemen, and helpers in the engine and boiler rooms, and watchmen and deputized officers, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the re- spondent the full benefit of their eight to self-organization and collective bargaining and otherwise effectuate the policies of the Act. We find that the United has been designated and selected by a majority of the employees in the above-described unit as their repre- sentative for the purposes of collective bargaining. It is, therefore, the exclusive representative of all employees in such unit for the purposes of collective bargaining and we will so certify. Upon the basis of the above supplemental findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. The packing-house workers of the respondent, excluding super- visory and clerical employees, engineers, firemen, and helpers in the engine and boiler rooms, and watchmen and deputized officers, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. United Packing House Workers Local Industrial Union No. 300 is the exclusive representative of all of the employees in such unit for the purposes of collective bargaining,' within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ARMOUR & COMPANY ET AL. 1141 IT IS HEREBY CERTIFIED that United Packing House Workers Local Industrial Union No. 300 has been designated and selected by a majority of the packing-house workers of Armour & Company, Den- ver, Colorado, excluding supervisory and clerical employees, engineers, firemen, and helpers in the engine and boiler rooms, and watchmen and deputized officers, as their representative for the purposes of col- lective bargaining and that, pursuant to the provisions of Section 9 (c) of the National Labor Relations Act, United Packing House Workers Local Industrial Union No. 300 is the exclusive representa- tive of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 164275-39-vol. xi-73