Wilson & Co.

In the Matter Of WILSON & Co. and UNITED MEAT WORKERS LOCAL INDUSTRIAL UNION No. 635, AFFILIATED WITH THE COMMITTEE FOR INDUSTRIAL ORGANIZATION In the Matter Of WILSON & Co. and COMMITTEE FOR INDUSTRIAL ORGANIZATION, ON BEHALF OF THE EMPLOYEES OF WILSON & CO. In the Matter of GOTHAM HOTEL SUPPLY Co. and UNITED MEAT WORKERS, L. I. U. 635, C. I. O. Cases Nos. 8-929 to 8-936, inclusive Meat Packing and Distributing Industry-Supplemental Decision : on further hearing after motion by Union to modify appropriate unit found in original Decision at one of company 's eight plants-Unit Appropriate for Collective Bargaining: modified at one plant to exclude chauffeurs therefrom upon evi- dence of representation by another labor organization-Election Ordered: em- ployees in modified unit at one plant-Certification of Representatives. Mr. Albert Ornstein, for the Board. Liebman, Robbins, Pressman, c Leider, Esqs., by Mr. Harold I. Cammer, for the United. Mr. Guy Farmer, of counsel to the Board. SUPPLEMENTAL AND AMENDED DECISION AND SECOND AMENDMENT TO DIRECTION OF ELECTIONS April 19, 1939 On November 4, 1938, the National Labor Relations Board, herein called the Board, issued its Decision, Certification of Representatives, and Direction of Elections in the above-entitled consolidated cases.,, In its Decision the Board found that the processing and operative em- ployees of the Company in each of the eight plants involved therein, including chauffeur luggers, scalers, shipping clerks, cutters, egg han- dlers, sausage workers, and ham workers, and excluding supervisory employees, clerical employees, salesmen, and schoctim, constituted separate and distinct units appropriate for the purposes of collective bargaining. In its Certification of Representatives the Board certified the United Meat Workers Local Industrial Union No. 635, herein called the United, as the exclusive representative of all the employees 19NLRB650 12 N. L. R. B., No. 41 319 320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in such unit in six of the eight plants for the purposes of collective bargaining, and in its Direction of Elections directed that separate elections be conducted among the employees in such unit in each of the two remaining plants, the 161 2nd Street, Mineola, plant and the Gotham Hotel Supply Co. plant, respectively, to determine whether or not such employees desired to be represented by the United for the purposes of collective bargaining. On November 15, 1938, the United filed with the Board a motion to modify the Decision, Certification of Representatives, and Direc- tion of Elections by excluding chauffeurs from the unit found to be appropriate at the Gotham Hotel Supply Company plant. On Novem- ber 19, 1938, the Board amended its Direction of Elections 2 to pro- vide that the election at the Gotham Hotel Supply Co. plant be con- ducted at such time as the Board might in the future direct. There- after, on December 7, the Board issued an order reopening the record and directing that a further hearing be held for the purpose of taking additional evidence relative to the issues raised by the motion filed by the United. On January 10, 1939, pursuant to the above order, the Regional Director for the Second Region (New York City) issued a notice of hearing, copies of which, together with copies of the order reopening the record, were served upon the Company and upon the United. The said Regional Director thereafter issued a notice of postponement, pursuant to which a hearing was held on February 6, 1939, at New York City, before Howard Myers, the Trial Examiner duly designated by the Board. The Board and the United were represented by counsel and participated in the hearing. The Company did not appear at the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the close of the hearing the United moved to modify the Decision, Certification of Representatives, and Direction of Elections herein to exclude chauffeurs from the appro- priate unit at the Gotham Hotel Supply Co. plant. The Trial Ex- aminer made no ruling on this motion. For the reasons hereinafter set forth, the motion is hereby granted. During the course of the hearing th" ll Examiner made several rulings on motions. The Boy- 'ed these rulings and finds that no prejudicial errors The rulings are hereby affirmed. wn.soN & CO. 321 Upon the entire record in the case, the Board makes the following: SUPPLEMENTAL AND AMENDED FINDINGS OF FACT 1. THE APPROPRIATE UNIT In our original Decision we included chauffeur luggers in the appro- priate unit at each of the eight plants of the Company, including the Gotham Hotel Supply Co. plant, on the basis of a stipulation to that effect between the United and the Company. It appears from the records of both hearings that the duties of a chauffeur lugger entail carrying or "lugging" meats between various points in the plant as well as operating a delivery truck. Evidence adduced at the further hearing reveals, however, that there are no chauffeur luggers employed at the Gotham Hotel Supply Co. plant, the chauffeurs at that plant being engaged exclusively in loading, unloading, and driving their respective trucks. It also appears from the testimony of Herman Hoffman and John Cash, United organizer and president of Interna- tional Association of Teamsters, Local No. 816, respectively, not only that the chauffeurs employed at this particular plant are ineligible for membership in the United but also that such employees are mem- bers of International Association of Teamsters, Local No. 816, and that the latter union has an oral agreement with the Company recog- nizing it as the bargaining agent for such employees. Under these circumstances, we believe that the full benefit of the right of the em- ployees to self-organization and to collective bargaining will best be insured by excluding chauffeurs from the appropriate unit at the Gotham Hotel Supply Co. plant, and we hereby modify the findings of fact in our original Decision in that respect. We find that the processing and operative employees of the Com- pany at its Gotham Hotel Supply Co. plant, including scalers, ship- ping clerks, cutters, egg handlers, sausage workers, and ham workers, and excluding supervisory employees, clerical employees, salesmen, schoctim, and chauffeurs, constitute a separate unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company at said plant the full benefit of their right to self-organization and to collective bargaining and otherwise effectu- ate the policies of the Act. II. THE DETERMINATION OF REPRESENTATIVES In our original Decision we found that there were 11 employees in the unit which was then held to be appropriate at the Gotham Hotel Supply Co. plant. At the supplemental hearing, James P. Connolly, a representative of the Company, stated that the aforesaid 11 persons were still employed at that plant together with one addi- 322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tional employee, a meat cutter, who was hired after the first hearing, and who is properly included in the appropriate unit as herein modi- fied. The records of both hearings reveal that 5 of these 12 employees are chauffeurs, leaving a total of 7 employees in the unit which we now find appropriate. It appears from evidence introduced at the first hearing that in October 1937, 4 of these 7 employees signed cards designating the United as their representative for the purposes of collective bargaining. In view of the considerable lapse of time be- tween the date of such membership cards and this Decision, however, we are of the opinion that the question concerning the representation of employees of the Company at its Gotham Hotel Supply Co. plant can best be resolved by the holding of an election by secret ballot to determine whether or not the employees in the appropriate unit in said plant desire the United to represent them. The employees in the appropriate unit at such plant employed during the last pay-roll period next preceding the date of this Direction shall be eligible to vote. Upon the basis of the above supplemental findings of fact and upon the entire record in the case, the Board hereby withdraws para- graph 2 of the Conclusions of Law in the original Decision, in so far as it relates to the Gotham Hotel Supply Co. plant, and makes the following : SUPPLEMENTAL AND AMENDED CONCLUSION OF LAW The processing and operative employees of the Company in its Gotham Hotel Supply Co. plant, including scalers, shipping clerks, cutters, egg handlers, sausage workers, and ham workers, and exclud- ing supervisory employees, clerical employees, salesmen, schoctim, and chauffeurs, constitute a separate unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Wilson & Co., with respect to its Gotham Hotel Supply Co. plant, New York City, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the WILSON & CO. 323 direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the processing and operative employees of the Company employed during the last pay-roll period next preceding the date of this Direction at its Gotham Hotel Supply Co. plant, including scalers, shipping clerks, cutters, egg handlers, sausage workers, and ham workers, and excluding supervisory employees, clerical employees, salesmen, schoctim, chauffeurs, and those who will have since quit or been discharged for cause, to determine whether or not such employees desire to be represented by United Meat Workers Local Industrial Union No. 635, for the purposes of collective bargaining. Mr. EDWIN S. SMITH took no part in the consideration of the above Supplemental and Amended Decision and Second Amendment to Direction of Election. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES May 25, 1939 On November 4, 1938, the National Labor Relations Board, herein called the Board, issued a Decision, Certification of Representatives, and Direction of Elections in the above-entitled proceedings. On November 19, 1938, the Board issued an Amendment to Direction of Elections, and on April 19, 1939, issued a Supplemental and Amended Decision and Second Amendment to Direction of Elections. The Second Amendment to Direction of Elections directed that an election by secret ballot be conducted among the processing and operative employees of Wilson & Co. employed during the last pay- roll period next preceding the date of the Direction at its Gotham Hotel Supply Co. plant, including scalers, shipping clerks, cutters, egg handlers, sausage workers, and ham workers, and excluding supervisory employees, clerical employees, salesmen, schoctim, chauf- feurs, and those who had since quit or been discharged for cause, to determine whether or not such employees desired to be represented by United Meat Workers Local Industrial Union No. 635, for the pur- poses of collective bargaining. On April 25, 1939, the Company filed its exceptions to the Supple- mental and Amended Decision and Second Amendment to Direction of Elections. The Board has considered said exceptions and finds them to be without merit. 169134-39-vol. 12-22 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the Direction of Elections, as amended, an election by secret ballot was conducted on April 28, 1939, under the direction and supervision of the Regional Director for the Second Region (New York City). On May 1, 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 an Intermediate Report on the Election. As to the balloting and its results, the Regional Director reported as follows: Total number eligible to vote --------------------------------- 7 Total number of ballots cast -------- ------------------------ 7 Total number of ballots counted____________ _________________ 7 Total number of votes in favor of United Meat Workers Local Industrial Union No. 635_____ _____________________________ 5 Total number of votes against United Meat Workers Local Industrial Union No. 635____________________ ______________ 2 Total number of blank ballots________________ ______________ 0 Total number of void ballots ________________________________ 0 Total number of challenged ballots____ ______________________ 0 Objections to the Intermediate Report were duly filed by the Com- pany. The Regional Director has not found that the objections raised any substantial and material issues with respect to the conduct of the ballot or to the Intermediate Report. The Board has also con- sidered the said objections and finds that no substantial and material issues with respect to the conduct of the ballot or to the Intermediate Report are raised thereby. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations 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, IT IS FIEREBY CERTIFIED that United Meat Workers Local Industrial Union No. 635 has been designated and selected by a majority of the processing and operative employees of Wilson & Co. at its Gotham Hotel Supply Co. plant, including scalers,. shipping clerks, cutters, egg handlers, sausage workers, and ham workers, and excluding supervisory employees, clerical employees, salesmen, schoctim, and chauffeurs, as their representative for the purposes of collective bar- gaining, and that pursuant to Section 9 (a) of the Act, United Meat Workers Local Industrial Union No. 635 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. 12 N. L. R. B., No. 41a.