Superior Packing Co.

In the Matter of SUPERIOR PACKING COMPANY and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1865.-Decided June 12, 1940 Meat Packing Industry-Investigation of Representatives : stipulation between Company, petitioning union , and Board as to question concerning representa- tion, appropriate unit, and Direction of Election-Election Ordered Mr. G. L. Patterson, for the Board. Jacobson, Merrick, Nierman cf Silbert, of Chicago, Ill., for the Company. Mr. Van A. Bittner, of Chicago, Ill., for the Union. Miss Ann Landy, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 12, 1940, 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) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of Superior Packing Company, herein called the Company, engaged in the processing and sale of meat products at Chicago, Illinois, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 21, 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 Rela- tions 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. On May 24, 1940, before any hearing was held, the Company, the Union, and the Regional Director entered into a stipulation expressly subject to approval by the Board. In the stipulation the parties agreed (1) that a question affecting commerce has arisen concerning the repre- sentation of employees of the Company, and (2) that all production 24 N. L. R. B., No. 56. 595 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees, excluding office and supervisory employees and watchmen, employed by the Company at its plant in Chicago, Illinois, constitute a unit appropriate for the purposes of collective bargaining; waived their right to a hearing and to the issuance of Findings of Fact and Conclusions of Law by the Board; and provided that the Board should direct that an election be held among all employees in the unit who were employed by the Company on April 29, 1940, to determine whether or not they desire to be represented by the Union for the purposes of collective bargaining, and should thereafter proceed pur- suant to Article III, Section 9, of the said Rules and Regulations. The Board hereby approves the foregoing stipulation. Upon the basis of the stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Superior Packing Company, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees, excluding office and supervisory em- ployees and watchmen, employed by the Company at its plant, at Chicago, Illinois, constitute a unit appropriate for the purposes of collective bargaining, within the meaning 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, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Superior Packing 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 direction and supervision of the Regional Director for the Thir- teenth 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 production employees of Superior Pack- ing Company who were employed on April 29, 1940, excluding office and supervisory employees and watchmen, to determine whether or not they desire to be represented for the purposes of collective bar- gaining by Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations.