Armour & Company of Delaware, a Corporation, Armour & Company Auxiliary Plants

In the Matter of ARMOUR & COMPANY OF DELAWARE, A CORPORATION, ARMOUR & COMPANY AUXILIARY PLANTS and UNITED PACKING HOUSE WORKERS, LOCAL INDUSTRIAL UNION No. 347, DIVISION 8, or THE PACKING HOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1388 CERTIFICATION OF REPRESENTATIVES August 2 , 1939 On July 25, 1939, the National Labor Relations Board, herein called the Board, issued in the above-entitled proceeding a Decision and Direction of Election.' The Direction of Election provided that an election by secret ballot be conducted within fifteen (15) days from. the date of the Direction among all production and maintenance employees listed on the pay roll of the Company's Auxiliary Plants for May 13, 1939, including employees who had not worked during that pay-roll period because they were ill or on vacation, and also any employees who had been employed by the Company between May 13, 1939, and the date of the Direction of Election, but excluding super- visors, foremen, shop mule men, automobile truckers and helpers, plant restaurant employees, plant policemen and watchmen, office janitors, chemists, technicians and others who run tests in the lab- oratory, laboratory messengers who are apprentice testers, and clerical employees including those who perform the combined duties of in- ventory and shipping clerks, and also excluding Thomas Mulligan, Donald Foos, Ken Albright, Edwin Erb, and Lewis Burke, and em- ployees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by United Packing House Workers, Local Industrial Union No. 347, Division 8, of the Packing House Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. Pursuant to the Direction of Election, an election by secret bal- lot was conducted on August 3, 1939, at Chicago, Illinois, under the direction and supervision of the Acting Regional Director for the 113 N. L. R. B. 1143. 14 N. L. R. B., No. 68. 862 ARMOUR S; COMPANY OF DELAWARE 863 Thirteenth Region (Chicago, Illinois). On August 8, 1939, the Act- ing Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report con- taining a tally of the ballots and his findings and recommendations. In his report, the Acting Regional Director certified that the election was fairly and impartially conducted, that the ballots cast were duly and fairly counted under his supervision, and that there had been filed with him by the tellers statements to that effect. As to the balloting and its results, the Regional Director reported the following : Total number of eligible voters______________________________ 923 Total number of ballots cast________________________________ 848 Total number of ballots cast for the Union (United Packing House Workers, Local Industrial Union No. 347, Division 8, of the Packing House Workers Organizing Committee, affil- iated with the Congress of Industrial Organizations) ------- 660 Total number of ballots cast against the Union ------------ 148 Total number of protested ballots____________________________ 34 Total number of blank ballots______________________________ 2 Total number of void ballots________________________________ 4 The challenged ballots were not counted nor ruled upon by the Act- ing Regional Director since they could not have materially affected the results of the election. No objections or exceptions to the Elec- tion Report have been filed by any of the parties. 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, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that United Packing House Workers, Local Industrial Union No. 347, Division 8, of the Packing House Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the production and maintenance employees of Armour & Company of Delaware at the Armour & Company Auxiliary Plants, Chicago, Illinois, exclusive of supervisors, foremen, shop mule men, automo- bile truckers and helpers, plant restaurant employees, plant police- men and watchmen, office janitors, chemists, technicians and others who run tests in the laboratory, laboratory messengers who are ap- prentice testers, and clerical employees including those who perform the combined duties of inventory and shipping clerks, and also ex- cluding Thomas Mulligan, Donald Foos, Ken Albright, Edwin Erb, and Lewis Burke, as their representative for the purposes of collec- tive bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, United Packing House 864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Workers, Local Industrial Union No. 347, Division 8, of the Pack- ing House Workers Organizing Committee, affiliated with the Con- gress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining-in re- spect to rates of pay, wages, hours of employment, and other conditions of employment. MR. EDWIN S. SMITH took no, part in the consideration of the above Certification of Representatives.