Wilson and Co.

In the Matter of WILSON & COMPANY and L. U. #6, UNITED PACK- INGHOUSE WORKERS OF AMERIOA, OF PACKINGHOUSE WORKERS OR- GANIZING COMMITTEE, AFFILIATED WITH C. I. O. Case No. R-1375 SUPPLEMENTAL DECISION AND SUPPLEMENTAL DIRECTION OF ELECTION June 15, 1940 On August 7,.1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in•the above-entitled proceedings.' On August 22, 1939, the Board issued an. amendment to- the Direction of Election.2 The Direction of Election as amended directed that an election by secret ballot be conducted at such time as the Board might in the future direct, under the direction and supervision of the Regional Director for the Eighteenth Region (Minneapolis,' Minnesota); acting in this matter as agent of the National Labor Relations Board and subject to Article 'III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, among all production and maintenance employees of Wilson & Company at its Albert Lea plant, including William J. Robinson, Edward J. Higgins, Eva W. Holt, Olaf Turtness, Walter L. ,Johnson, Leon- ard V., Johnston, George D. Kittleson, John J. Randall, William W. Taylor,' and' Einer C. Jorgenson, who were on the pay roll of the company for May 6, 1939, including those laid off who had seniority standing with the company on that date, but' excluding foremen,' assistant foremen, clerical and once employees, teamsters, supervisory employees, checkers, and employees who had since quit or been discharged for' cause to determine whether they desired, to be represented by Local No. 6,- United Packinghouse Work- ers of America, of the Packinghouse Workers Organizing Committee, affiliated with the' Congress of Industrial Organizations, or by Work- ers' Union, for the purposes of collective bargaining, or by neither; 114 N. L. R. B. 283. 2 14 N. L. R. B. 291. 24 N. L. R. B., No. 72. 731 732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 23, 1940, the Board gave notice to the parties that on June 3, 1940, or as soon thereafter as convenient, unless sufficient cause to the contrary shall have been shown by June 1, 1940, it would amend the Direction of Election as amended, directing that an election be conducted as early as possible, but not later than thirty, (30) days from the date of this Supplemental Direction of Election, among all production and maintenance employees of the company at its Albert Lea plant whose names appear on the pay roll for the week next preceding the date of said Supplemental Direction of Election, in- cluding employees who did not work during such pay-roll period because they were ill, on leave, or on vacation, and including em- ployees who were then or have since been temporarily laid off but who have retained seniority standing with the company, but exclud- ing assistant foremen,3 clerical and office employees, teamsters, super- visory employees, checkers, and employees who have since quit or been discharged for cause to determine whether they desire to be represented by Local #6, United Packinghouse Workers. of America, of the Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations; or by Workers' Union for the purposes of collective bargaining, or by neither. On May 27,.1940, the company acknowledged receipt of the above- .stated notice and requested, prior to the filing of any opposition, copies of any petition or motion filed with the Board by the- petition-ing Union relating to a direction of election at this. time, but made no showing sufficient to warrant further postponement of an election among its employees. The company's request is hereby denied. 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, 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 Wilson & Company, Chicago, Illinois, an election by secret bal- lot shall be conducted. as early as possible, but not later than thirty (30) days from the date of this Supplemental Direction of Election under the direction and supervision of the Regional Director for the Eighteenth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the company at its Albert Lea plant whose names, 8 The exclusion of foremen from the unit was omitted through inadvertence in the notice, but supervisory employees of lesser rank, i. e. assistant foremen, were properly mentioned for exclusion. The omission has been corrected in the Supplemental Direction, infra.