The Cudahy Packing Co.

In the Matter of THE CUDAHY PACKING COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL No. 21, OF THE PACK- INGHOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1318 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES - September 28, 1939 On July 12, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled proceeding. On July 26, 1939, the Board issued an Amendment to Direction of Election.2 The Direction of Election, as amended, directed that an election by secret ballot be conducted within thirty (30) days from the date of the Direction among the production and maintenance employees who were employed by The Cudahy Packing Company, Denver, Colorado, during the pay-roll period last preceding the date of the Direction, including employees who did not work during such pay-roll period because they were ill or on vacation, but excluding foremen, assistant foremen,. super- visors, clerical, office and temporary employees, checkers, scalers, watchmen, stock drivers, truck drivers, the nurse, and the canteen clerk, and all employees who have since quit or been discharged for cause, to determine whether they desire to be represented by the United Packinghouse Workers of America, Local No. 21, of the Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called .the United, or by the Independent Packinghouse Workers Union of Denver, herein called the Independent, or by neither. Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on July 31, 1939, under the direction and supervision of the Regional Director for the Twenty-second Region (Denver, Colorado). Full opportunity was accorded to all parties to the investigation to participate in the conduct of the elec- 113 N. L. R. B. 526. 213 N. L. R. B. 533. 15- N. L. R. B., No. 77. 757 169549-39-vol. 15-49 758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion by secret ballot. On August 4, 1939, the 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 his Election Report on the ballot. As to the balloting and its results, the Regional Director reported as follows : Total number of ballots cast -------------------------------- 177 Total number of ballots counted--------------------------- 176 Total number of ballots for United Packinghouse Workers of America, Local No. 21, of the Packinghouse Workers Organ- izing Committee, affiliated with the Congress of Industrial Organizations -------------------------------------------- 142 Total number of ballots for Independent Packinghouse Workers Union of Denver --- -------------------------------------- 16 Total number of ballots cast for neither of the above unions- 18 Total number of blank ballots - ------------------------------- 0 Total number of void ballots -------------------------------- 0 Total number of challenged ballots-------------------- ------ 1 On August'9, 1939, the Independent filed with the Regional Direc- tor its objections to the Election Report, alleging in substance, that (1) the United and its members coerced, threatened, and intimidated employees of The Cudahy Packing Company, herein called the Com- pany, thereby precluding the holding of a fair election; (2) the Regional Director erred in refusing to- request the Board for a further postponement of the election because of such alleged intimidation and coercion, and the Regional Director in advance informed the United as to the date on which the election was to be held, without similarly informing the Independent, thereby showing a preference to the United; (3) the election was not conducted in a manner con- forming to the directions for the conduct of such elections in that the United coerced, threatened, and intimidated employees of the Company; the polling place was left unattended by representatives of the Board, with only watchers of the United who electioneered in the polling place being present; (4) the Independent declined to appoint observers to attend and watch the, election because their presence would have led,to disputes, disturbances, and riots; (5) the Independent was denied the right to have a watcher present outside the polling place; .(6) more persons than had been designated as eligible voters by the Board participated in the election; and (7) an eligible voter was not permitted to cast his ballot. The Independent submitted affidavits in substantiation of its objections, and requested ,an investigation of the objections in accordance with the Board's Rules and Regulations. The Company also filed objections with the Regional 'Director stating that (1) the election was not conducted in conformity with THE CUDAHY PACKING COMPANY 759 the Board's Rules and Regulations, and was held after the 15 days allotted in the original Direction of Election had expired; (2) the Amendment to Direction of Election is invalid "because of no proper service of notification"; (3) the election was not a fair and impartial proceeding because of the alleged coercion, threats, and intimidation by the United "against members and employees of Cudahy plant" and particularly against officers and members of the Independent. On August 30, 1939, the Acting Regional Director issued his Report on Objections, in which he reported as follows as to the objections of the Independent: With respect to paragraph 1 of the Objections, the Acting Regional Director reported that while some members of the United did inter- fere with the distribution of handbills by members of the Inde- pendent on July 20 and 21, 1939, there is no evidence of violence or intimidation of any employee. With respect to paragraph 2, the Report states that no advance information as to the election date was given to the United; that the election date was suggested by the United at a conference of all parties on July 26, 1939, and was agreed to by representatives of the Independent and the Company, after the Regional Director an- nounced that his investigation did not indicate that the election should be postponed indefinitely. With respect to paragraph 3, the Report states that representatives of ,the Board at no time left the polling place unattended by at least one of their number, and the alleged electioneering by a watcher of the United did not take place. The facts set forth in the affidavit submitted by the Independent in support of its contention that elec- tioneering took place are controverted by the Acting Regional Direc- tor. It appears that Donald A. Younger, the affiant, exchanged pleasantries with watchers of the United and afterwards cast his ballot. No other voters were present in the polling place at this time. With respect to paragraph 4, the Report states that investigation disclosed no evidence in support of the objection therein set forth, and that the objection is without merit. With respect to paragraph 5, the Report states that during the election one Hyman Coggan stationed himself in the so-called neutral zone outside of the polling place and engaged in electioneering and in counting voters; that Board representatives invited Coggan to qualify as a watcher for the Independent; that he refused to be so qualified and was thereupon informed by Board representatives that no loitering, electioneering, or counting of voters would be tolerated near the polling place and was requested to leave the neutral zone. The Acting Regional Director found no merit in the objections set. forth in paragraph 5. 760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD With respect to paragraph 6, the Report shows that during the pay-roll period last preceding the date of the Decision and Direction of Election, 177 persons within the unit found by us to be appro- priate were employed by the Company. The objections in this para- graph are therefore without merit. Finally, with respect to paragraph 7, the Report states that Wil- liam L. Moore, the employee who was challenged and not permitted to cast his ballot, admitted that he was a shipping clerk of the Com- pany, was therefore ineligible to vote, and was properly excluded. The Acting Regional Director further reported that he had inves- tigated the matters set forth in Objections of the Company and finds no evidence to support them and no merit in them. The Board has fully considered the Objections filed by the Inde- pendent and by the Company, and the Acting Regional Director's Report thereon. The Board finds that the Objections raise no sub- stantial and material issues with respect to the conduct of the ballot. They are hereby overruled. 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 Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regula- tions-Series 2, IT IS HEREBY CERTIFIED that United Packinghouse Workers of America, Local No. 21, of the Packinghouse 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 The Cudahy Packing Company, Denver, Colorado, excluding foremen, assistant foremen, supervisory, clerical, office, and temporary employees, checkers, scalers, watchmen, stock drivers, truck drivers, the nurse, and the canteen clerk, as repre- sentative for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 4