Oppenheimer Casing Co.

In the Matter Of OPPENHEIMER CASING COMPANY, A CORPORATION and UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL No. 75, THROITGH . PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, AF- FILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1353 Sausage Casing Industry-Investigation of Representatives: supplemental decision based upon further hearing directed by Board in original Decision- Unit Appropriate for Collective Bargaining: differs from unit found in original Decision ; all production employees in the sewing and casing departments, ex- cluding foremen, assistant foremen, administrative, supervisory, clerical and office employees, watchmen, delivery men, and truck drivers and their assist- ants-Election Ordered SUPPLEMENTAL DECISION AND DIRECTION OF ELECTION September 06, 1939 On July 7, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Certification of Representatives 1 in the above-entitled proceeding in which it found, in substance, (1) that a question affecting commerce had arisen concerning the representation of employees of Oppenheimer Casing Company, a.cor- poration, Chicago,. Illinois; herein called the Company, at its plant No. 5, (2) that all production employees of the Company in the sewing department of its said plant, excluding foremen, assistant foremen, administrative, supervisory, clerical and office employees, watchmen, delivery men, and truck drivers and their assistants, con- stituted a unit appropriate for the purposes of collective bargaining, and (3) that United Packinghouse Workers of America, Local No. 75, affiliated with the Congress of Industrial Organizations, a labor organization, herein called the United, was the exclusive representa- tive of all the employees in said unit for the purposes of collective bargaining. The Board accordingly certified the United as such exclusive representative. 113 N. L. R. B. 500. 15 N. L. R. B., No. 70. 671 672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD In its Decision the Board stated that but for the existence of a contract, expiring September 30, 1939, between the Company and Amalgamated Meat Cutters and Butcher Workmen of North Amer- ica, Local 116, affiliated with the American Federation of Labor, a labor organization, herein called the Amalgamated, whereby - the Company recognized the Amalgamated as the sole bargaining agent of the employees in the casing department of the Company's plant No. 5, the Board would have found that it unit comprising both the sewing department and the casing department was appropriate. It stated further that upon a receipt of a request by the United at a time just preceding the expiration of the contract it would direct the Regional Director for the Thirteenth Region (Chicago, Illinois) to cbntinue' his investigation and to provide for a further hearing, and that, upon the basis of such further hearing, it would again con- sider the question concerning representation, disregarding any col- lective bargaining agreement entered into by the Company for a term extending beyond September 30, 1939. On August 4, 1939, the Board, upon request of the United, and pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, ordered the Regional Director to conduct it further investigation in this proceeding and to provide for a further hearing upon clue notice. Pursuant to notice, it hearing was held on August 21, 1939, at Chi- cago, Illinois, before Horace A. Ruckel, the Trial Examiner duly designated by the Board. The Board, the Company, and the Amal- gamated were represented by counsel, and the United by it represen- tative; all 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. Upon the entire record in the case, the Board makes the following supplemental findings of fact which supersede, to the extent that they are inconsistent with, the findings of fact made in the Board's afore-mentioned Decision and Certification of Representatives :2 SUPPLEMENTAL FINDINGS OF FACT 1. THE QUESTION CONCERNING REPRESENTATION In its Decision and Certification of Representatives,2 the Board stated : Since the latter part of October 1938, the United, on numer- ous occasions, has requested the Company to bargain with it as exclusive representative of employees of the Company within it 2 See footnote 1. . OPPENHEIMER CASING COMPANY 673 unit comprising both departments of plant No. 5. The Com- pany has refused to recognize the United as the sole collective bargaining agent of employees in both departments,. contending that the departments constitute separate units. It is willing to recognize the United as the sole collective bargaining agent of employees in the sewing department alone. On October 27, 1938, the Company and the Amalgamated entered into an agreement, to expire September 30, 1939, whereby the Amalgamated is recognized as the sole bargaining agent of employees in the casing department. The Amalgamated agrees with the Company that the.two departments constitute separate bargaining units. The United still claims that both departments of plant No. 5 con- stitute a single appropriate unit, and also that it has been designated as collective bargaining agent by a majority of the employees within the unit. The Company will not engage in collective bargaining un- til a certification is made by the Board. The contract between the Company and the Amalgamated is now about to expire. It consti- tutes no bar, therefore, to our investigation of representatives of employees in the Company's casing departments VGTe find that a question has arisen concerning the representation of employees of the Company. 11. THE APPROPRIATE UNIT Upon the entire record, we find that all production employees of the Oppenheimer Casing Company in the sewing and casing depart- ments of its plant No. 5, Chicago, Illinois, excluding foremen, assist- ant foremen, administrative, supervisory, clerical and office employ- ees, watchmen, delivery men, and truck drivers and their assistants, constitute a unit appropriate for the purposes of collective bargain- ing, and that said unit will insure to said employees of the Company full benefit of their right to self-organization and to collective bar- gaining, and otherwise effectuate the policies of the Act. III. THE DETERMINATION OF REPRESENTATIVES The United claims to have been designated as their bargaining representative by a majority of the employees within the unit which we have found appropriate. It introduced substantial evidence in support of such claim. The Company, however, contends that an election is necessary to ascertain the wishes of the employees. We shall direct that an election by secret ballot be held among the em- adfatter of Chrysler Corporation and United Avtomibite Workers of America, Local No. 371, affiliated with C. I. 0., 13 N. L. R. B. 1303. 674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of this Decision, to determine whether they desire to be represented by the United, by the Amalgamated, or by neither, for the purposes of collective bargaining.4 Upon the basis of the above Supplemental Findings of Fact, the findings of fact, not inconsistent therewith, which were made in the Board's Decision and Certification of Representatives; and the entire record in the case, the Board makes the following conclusions of law which supersede the conclusions of law made in said Decision and Certification of Representatives : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Oppenheimer Casing Company, a corpo- ration, Chicago, Illinois, at its plant No. 5, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees of the Company in the sewing and casing departments of its plant No. 5, Chicago, Illinois, excluding foremen, assistant foremen, administrative, supervisory, clerical and office employees, watchmen, delivery men, and truck drivers and their assistants, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (h) of tltje 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 National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purpose of collec- tive bargaining with Oppenheimer Casing Company, Chicago, Illinois, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Supplemental Decision and Direc- tion of Election, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, 4 Matter of The Cudahy Packing Company and United Packinghouse Workers of America, Local No . 2 1, of the Packinghouse Workers Organizing Committee, affiliated with the Con- gress of Industrial Organizations, 13 N. L. R. B. 526. 5 See footnote 1. OPPENHEIMER CASING COMPANY 675 Section 9, of said Rules and Regulations, among all production em- ployees of Oppenheimer Casing Company, in the sewing and casing departments of its plant No. 5, Chicago, Illinois, who were employed by the Company 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 vacation, excluding, however, foremen, assistant foremen, adminis- trative, supervisory, clerical and office employees, watchmen, delivery men, and truck drivers and their assistants, and those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Packinghouse Workers of America, Local No. 75, through Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, or by Amal- gamated Meat Cutters and Butcher Workmen of North America, Local 116, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Direction of Election.