Armour & Company

In the Matter of ARMOUR & COMPANY and LOCAL No. 54, UNITED PACKINGHOUSE WORKERS OF AMERICA , OF PACKINGHOUSE WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH C. I. O. Case No. R-1429.Decided August 22, 1939 . Meat Packing Industry-Investigation of Representatives : controversy con- cerning representation of employees : refusal of Company to recognize petition- ing union-Unit Appropriate for Collective Bargaining: all employees of Com- pany excluding foremen , assistant foremen, gang leaders, shift engineers, laboratory employees , guides, watchmen, policemen , restaurant employees, truck drivers, livestock receivers, office employees, clerical employees, street cleaners, matrons, box pullers, office and plant janitors , fire-department employees, wholesale and retail market employees , livestock drivers, the truck washer, temporary employees, the order filler , supervisory employees , employees paid on a contract basis, employees laid off except those whom the parties have agreed to include, and all employees excluded by stipulation of the parties- Election Ordered Mr. L. N. D. Wells, Jr., for the Board. Mr. Walter C. Kirk, of Chicago, Ill., for the Company. Mr. John J. Brownlee, of Chicago, Ill., and Mr. Kermit H. Fry, of Fort Worth, Tex., for the Union. Mr. Ray Johnson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 5, 1939, Local No. 54, United Packinghouse Workers of America, of Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Sixteenth Region (Fort Worth, Texas) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Armour & Company, Fort Worth, Texas, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 2, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 14 N. L. R. B., No. 69. 865 866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 15, 1939, the Regional Director issued a notice of hearing, copies of which were.duly served.upon the Company and the Union. Pursuant to the notice, a hearing was held on July 6, 7, and 8, 1939, before John T. Lindsay, the Trial Examiner duly designated by the Board. The- Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the -issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On July 21, 1939, pursuant to permission granted to all the parties, the Company filed a brief. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Armour & Company, a Maine corporation, is a wholly owned sub- sidiary of Armour and Company, a Delaware corporation, which in turn is a subsidiary of Armour and Company, an Illinois corporation. The Illinois corporation, directly and through subsidiaries, operates approximately 30 plants in the United States in which cattle, sheep, and hogs are slaughtered and prepared into meat and meat-food products. The 30 plants are located in 23 States. The annual sales of the Illinois corporation, including its subsidiaries, are approxi- mately $723,000,000. At its Fort Worth, Texas, plant, which is the only plant involved in this proceeding, the Company is engaged in the purchase and slaughter of livestock and in the processing, packing, and distribu- tion of products therefrom. During the fiscal year ending October 29, 1938, the Fort Worth plant distributed approximately 200,000,000 pounds of meat and meat products, valued at approximately $25,- 000,000, of which 50 per cent was destined for States other than Texas. Approximately 1,100 persons are employed at the Fort Worth plant. ARMOUR & COMPANY IT. THE ORGANIZATION INVOLVED 867 Local No. 54, United Packinghouse Workers of America, of Pack- inghouse Workers Organizing Committee, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to its membership all production and maintenance employees of the Company at its Fort Worth plant except supervisory employees, clerical employees, office employees, and certain other categories of employees discussed below. III. THE QUESTION CONCERNING REPRESENTATION On April 4, 1939, the Union in a letter to the Company requested recognition as the collective bargaining representative of its em- ployees. The Company failed to reply to the letter and following several requests made orally thereafter, refused to grant such recognition. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We, find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the Union claimed that the appropriate unit con- sists of all production and maintenance employees of the Company, excluding foremen, assistant foremen, gang leaders; shift engineers, laboratory employees, guides, watchmen, policemen, restaurant em- ployees, truck drivers, livestock receivers, office employees, clerical employees, street cleaners, matrons, box pullers, office and- plant janitors, fire department employees, wholesale and retail market employees, livestock drivers, the'truck washer, temporary employees, the order filler, supervisory employees, employees paid on a contract basis, employees laid off except those whom the parties have agreed to include, and all employees excluded by stipulation of the parties.' 1 The exclusions thus described are derived from the testimony of witnesses for the Union and the notations which union representatives made on Board Exhibit No. 3. the pay roll of the Company. The employees "excluded by stipulation of the parties" are variously designated on the pay roll ; the reasons for the exclusion of many of them do not appear in the record. 868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company requests that the street cleaners, matrons, box pullers, janitors, fire department employees, wholesale market employees, livestock drivers, the truck washer, and the order filler should be included. In proceedings involving other plants of Armour & Com- pany and its subsidiaries, we have excluded from the bargaining unit employees in most of the enumerated classifications.2 At the request of the Union we will exclude them. The Company would also include the shift engineers. The shift engineers are supervisory employees. We shall therefore exclude them. The Union contends that the brick mason, cured hide inspector, and the elevator millwright and repair man are supervisory employees. The contention of the Union, how- ever, finds no support in the record. We shall therefore include them in the unit. The Union would exclude from the unit the following employees, on the ground that they exercise supervisory powers : Ralph Carter, James Gilbreath, Roy Thornton, Burnard Freeling, and Arthur Pardre. Ralph Carter and Roy Thornton are listed as boners. The evidence shows that there is no material difference between their duties and the duties of other employees whom the Union has agreed to include. James Gilbreath is a laborer having no supervisory powers. Burnard Freeling is a packer. His duties are substantially the same as other packers whom the parties have agreed to include. Arthur Pardre is a laborer and relief water tender and has no super- visory powers. We shall include the above-named employees in the appropriate unit. The Union would also exclude from the appropriate unit Fred Hirstine and Walter Cox, common laborers on the ground that they are temporary employees. The evidence shows that they attend college during the regular session and work in the plant 2 or 3 months in the summer. One has finished his college course. They, are not being trained for supervisory positions. We shall include them in the appropriate unit. The Union'objects to the inclusion of Clyde Smith, a sack cutter. There is no evidence in the record as to the duties of Smith. We shall include him in the appropriate unit. The Union would exclude Julius Minter, a laborer, and L. V. Washam, a laborer and clerk, on the ground that they are not produc- tion employees. Although these employees have some duties which 2 See Matter of Armour & Company and Packing House Workers Organizing Committee for United Packing House Workers, Local 3117, 8 N. L. R. B. 1100; Matter of Armour & Company and United Packing House Workers Industrial Union No. 767, affiliated with the C. I. 0., 9 N. L. R. B. 1239 ; Matter of Armour & Company and United Packing House Workers, Local Industrial Union No. 13, affiliated with C. 1. 0., 13 N. L. R. B. 567. ARMOUR & COMPANY 869 are not classified as production, they are essentially production em- ployees. We shall include them in the appropriate unit.' The Union wishes to exclude Frank Fitsimmons, listed as ship- ping clerk: There is no material difference between his duties and the duties of other shipping clerks whom the Union has agreed to include in the unit. We shall include him in the appropriate unit. We find that all production and maintenance employees of the Company, including Ralph Carter, Roy Thornton, Burnard Free- ling, Arthur Pardre, James Gilbreath, Clyde Smith, Fred Hirstine, Walter Cox, Julius Minter, L. V. Washam, and Frank Fitsimmons, but excluding foremen, assistant foremen, gang leaders, shift engi- neers, laboratory employees, guides, watchmen, policemen, restaurant employees, truck drivers, livestock receiver, office employees, clerical employees, street cleaners, matrons,'box pullers, office and plant jani- tors, fire department employees ,4 wholesale and retail market em- ployees, livestock drivers, the truck washer, temporary employees, the order filler,6 supervisory employees, employees paid on a contract basis, employees laid off except those whom parties agreed to include, and all employees excluded by stipulation of the parties, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Union introduced no evidence of membership except to show that it represented a substantial number of the Company's employees. We shall therefore.order an election'to settle the question concerning representation. The parties stipulated that all employees in the appropriate unit on the pay roll : of July 1, 1939, with the exceptions noted below, should be eligible to participate in any election which the Board might order. We shall adopt the pay-roll date of July 1 to determine eligibility to participate in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation. of employees of the Company, within the meaning of See- ' See Matter of Armour & Company and Packing House Workers Organizing Com= mittee for United Packing House Workers Local 347, 8 N. L. R. B. 1100. *Including five boys. *Albert Dechert. 870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company including Ralph Carter, Roy Thornton, Burnard Freeling, Arthur Pardre, James Gilbreath, Clyde Smith, Fred Hirstine, Walter Cox, Julius Minter, L. V. Washam, and Frank Fitsimmons, but excluding foremen, assistant foremen, gang leaders, shift engineers, laboratory employees, guides, watchmen, policemen, restaurant employees, truck. drivers, livestock receivers, office employees, clerical employees, street cleaners, matrons, box pullers, office and plant janitors, fire-depart- ment employees, wholesale and retail market employees, livestock drivers, truck washer, temporary employees, the order filler, super- visory employees, employees paid on a contract basis, employees laid off except those whom the parties agreed to include, and all em-, ployees excluded by stipulation of the parties, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of Na tional Labor Relations Board Rules and Regulations-Series 2, -it ,is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargain- ing, an election by secret ballot shall be conducted within thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth 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 all the production and maintenance employees of Armour & Company, Fort Worth, Texas, who were on the pay roll as of July 1, 1939, including Ralph Carter, Roy Thornton, Burnard Freeling, Arthur Pardre, James Gilbreath, Clyde Smith, Fred Hirstine, Walter Cox, Julius Minter, L. V. Washam, and Frank Fitsimmons, and ex- cluding foremen, assistant foremen, gang leaders, shift' engineers, laboratory employees, guides, watchmen, policemen, restaurant em- ployees, truck drivers, livestock receivers, office employees, clerical employees, street. cleaners, matrons, box pullers, office and plant jani- tors; fire-department employees, wholesale and retail market em- ployees, livestock drivers, the truck washer, temporary employees, the order, filler,' supervisory: employees, employees paid on a contract ARMOUR & COMPANY 871 basis, employees laid off except those whom the parties agreed to include, all employees excluded by stipulation of the parties, and all employees who have since voluntarily quit or have been discharged for cause, to determine whether or not they desire to be represented by Local No. 54, United Packinghouse Workers of America, of Pack- inghouse Workers Organizing Committee, affiliated with C. I. O. for the purposes of collective bargaining. 190935-40-vol. 14-56