Armour and Co.

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL INDUSTRIAL UNION No. 347, OF PACK- INGHOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH C. I. O. Case No. R-1890.Decided May 17, 1940 Refrigerator and Railroad Car Belldinq and Maintenance Industry-Investiga- tion of Representatives : controversy concerning representation of employees ; company refuses to recognize union until certified ,by Board-Unit Appropriate for Collective Bargaining : hourly paid and piece-work production and mainte- nance employees , excluding foremen, supervisory employees , watchmen, and clerical and office employees ; piece-work checkers and fire marshal included- Election Ordered: eligibility to vote determined by pay roll dated one day prior to date of hearing. Mr. Robert R. Rissman, for the Board. Mr. Walter C. Kirk, of Chicago, Ill., for the Company. Mr. John J. Brownlee and Mr. Herbert March, both of Chicago, Ill., for the Union. Mr. J. H. Krug, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 12, 1940, United Packinghouse Workers of America, Local Industrial Union No. 347, of Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the Union, filed With the Regional Director for the Thirteenth Region (Chicago, Illinois) an amended petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Armour and Company, Chicago, Illinois, herein called the Company, and requesting an investigation and certi- fication of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 19, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 23 N. L R. B, No. 97. 931 932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On April 23, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice a hearing was held on May 2, 1940, at Chicago, Illinois, before Berdon M. Bell, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were repre- sented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Armour and Company, an Illinois corporation, having its prin- cipal office and place of business in Chicago, Illinois, directly and through subsidiaries operates approximately 30 meat-packing plants located in some 23 States; about 300 wholesale meat-distributing houses throughout the United States ; and, at various points through- out the United States, fertilizer-manufacturing plants, tanneries, oil refineries, shortening, manufacturing plants, creameries, poultry- slaughtering and egg-breaking plants. In connection with its business the Company owns or leases more than 5,000 refrigerator and stock cars used to transport fresh meats, poultry, butter, eggs, and other perishable food products as well as livestock, and operates car shops for the purpose of repairing, paint- ing, and otherwise maintaining the cars so employed in its business. This proceeding is concerned with the Company's car shops in Chi- cago, Illinois, which are referred to herein as the Chicago car shops. In rebuilding, repairing, and maintaining cars at the Chicago car shops the Company purchases various raw materials such as lumber, wheels, steel frames, parts, fittings, and paint. For the fiscal year ending October 28, 1939, the value of such purchases was in excess of $400,000. Approximately 60 per cent of the materials so purchased were transported to the Chicago car shops from places outside the State of Illinois. The railroad cars rebuilt, repaired, and maintained at the Chicago car shops are moved and transported to places outside the State of Illinois in interstate commerce. Approximately 360 persons are normally employed at the Chicago car shops and of this number approximately 328 are engaged in production and maintenance work. ARMOUR AND COMPANY II. THE ORGANIZATION INVOLVED 933 United Packinghouse Workers of America, Local Industrial Union No. 347, of Packinghouse Workers Organizing Committee, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION By letter dated March 11, 1940, the Union requested that the Com- pany recognize it as the exclusive bargaining representative for employees at the Chicago car shops in an appropriate unit. The Company subsequently advised the Union that it would not recognize it as exclusive bargaining agency or bargain collectively with it in the absence of certification by the Board. 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 it was stipulated that the appropriate unit should consist of all hourly paid and piece-work production and lnainte- nance employees of the Company, engaged in the repair, maintenance, and building of railroad and refrigerator cars at the Chicago car shops, excluding foremen, supervisory employees, watchmen, and clerical and office employees. There was introduced in evidence a pay-roll list showing the names and classifications of all employees at the Chicago car shops as of May 1, 1940. It was stipulated by the Union and the Company that certain employees listed on that pay roll should be excluded from the unit because they fall within the classes of employees excluded by stipulation. These employees are listed in Appendix A hereto. The Union desires to exclude from the unit, and the Company to include, L. Nelson and S. Simenkowski. These two employees are piece checkers. When a car is sent to the Chicago car shops for repairs, the car is inspected by a piece-work checker, who notes down on a card the repairs which are necessary. The card is attached to 283034-41-vol 23--60 934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the car and the work is subsequently done by truck hands or car- penters under the direction of a foreman. When the work is com- pleted the piece-work checker again inspects the car to see if the repairs have been properly made. When a checker inspects a car after it has been repaired and finds that additional work is necessary, the foreman may disagree with him and refuse to order the additional work. In the course of his work the checker uses various gauges in order to determine whether repairs are needed. He carries a flashlight and gets in under the cars in the course of his work. The general superintendent of the Chicago car shops testified that the piece-work checkers are skilled mechanics. They are paid by the week and their pay is approximately equal to that of the highly paid carpenters and truck hands but less than that of the foremen. Upon all the evidence we find that Nelson and Simenkowski should be included in the unit. The Union desires to exclude, and the Company to include, August Schlief, the fire marshal. Schlief is in charge of the Company's fire-fighting equipment. He tests and refills the fire extinguishers. In the event of a fire, he and the master mechanic would be in charge ;of, the 'fire-fighting equipment and the men who might be handling it. Schlief inspects the buildings after the foremen have left in order to detect fire hazards. He is also charged with the duty of seeing that the drains which carry off the water used in washing the cars are kept open, and when a drain becomes clogged he uses a rod to poke away the obstruction. Schlief is paid by the hour, and his rate of pay and hours of work are approximately equal to those of other employees. We find that Schlief should be included in the unit. We find that all hourly paid and piece-work production and maintenance employees of the Company, engaged in the repair, main- tenance, and building of railroad and refrigerator cars at the Com- pany's Chicago, Illinois, car shops, excluding foremen, supervisory employees, watchmen, and clerical and office employees, and exclud- ing specifically the employees listed in Appendix A hereto, 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 Prior to the hearing the Union submitted to the Regional Director evidence of recent designation as representative for the purposes of collective bargaining by a substantial number of employees of the Company working at the Chicago car shops. The Union asks that an election be held. We find that the question concerning representation ARMOUR AND COMPANY 935 which has arisen can best be resolved by means of an election by secret ballot. The Union requests that the pay-roll list as of May 1, 1940, be used to determine eligibility to vote. The Company agrees to the use of this pay-roll list for determining eligibility provided the election is held within 30 days from the date of the hearing. The record indicates ,that employment at the car shops is stable.. We shall direct that the May 1, 1940, pay roll be used to determine eligibility to vote. 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 Armour and Company, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2.• All hourly paid and piece-work production and maintenance employees' of the Company, engaged in the repair, maintenance, and building of railroad and refrigerator cars at the Company's Chicago, Illinois, car shops, excluding foremen, supervisory employees, watch- men, and clerical and office employees, and excluding specifically the employees listed in Appendix A hereto, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, 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 Armour and Company. Chicago, Illinois, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direc- tion 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, Section 9, of said Rules and Regula- tions, among all hourly paid and piece-work production and mainte- nance employees of the Company, engaged in the repair, maintenance, and building of railroad and refrigerator cars at the Company's Chi- cago, Illinois, car shops, who were employed by the Company as of May 1, 1940, including those who did not work at such time because 936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD they were ill or on vacation and those who were then or have since been temporarily laid off, but excluding foremen, supervisory em- ployees, watchmen, clerical and office employees, and the employees listed in Appendix A, and also excluding any who between May 1, 1940, and the date of the election have quit or been discharged for cause, to determine whether or not they desire to be represented by United Packinghouse Workers of America, Local Industrial Union No. 347, of Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. APPENDIX A ' Name Occupation C. H. Morgan_________________________ General Superintendent. H. P. Weisfuss________________________ Assistant Superintendent. M. E. Bundy__________________________ Office Manager. N. E. Rosenthal ------------------------- General Time Keeper. C. J. Wold, Jr------------------------- Stenographer & Clerk. P. J. Casey___________________________ Foreman. J. E. Goddard ------------------------- Asst. Foreman. C. H. Grebing-------------- _---------- Foreman. J. J. Schmitz -------------------------- Chief Engineer & MM. G. O'Leary____________________________ Foreman. J. Fitzgibbons_________________________ Foreman. E. Mackey ----------------------------- Foreman. L. Celimer_____________________________ Foreman. C. McIntosh---------------------------- Foreman. P. Dedoes_____________________________ Foreman. W. Witt ------------------------------- Asst. Foreman. R. Berglund___________________________ Asst. Time Keeper. W. A. Siemen_________________________ Chief Inspector. P. Weisfuss___________________________ Yard Master. W. Willooxson------------------------- Asst. Yard Master. J. W. Allison -------------------------- Yard Clerk. A. `Young_________________,____________ Watchman. W. Sheahan--------------------------- Watchman. J. Gordon------------------------------ Watchman. J. Klappertsch------------------------- Watchman. E. Kalal___________________--_________ Watchman. J. Hiller______________________________ Watchman. P. Hyland ------------------ ----------- . Watchman. C. Wright----------------------------- Watchman. Willard Ploog_________________________ Gang Leader & Checker.