Armour and Co.

In the Matter of ARMOUR AND CobIPANY and UNITED CONDENSERY WORKERS OF UNITED CANNERY, AGRICULTURAL PACKING & ALLIED WORKERS OF AMERICA, LOCAL 24 (C. I. 0.) Case. No. R-1917.Decided July 22,1940 Jurisdiction : dairy products industry Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : employees of the Company at one of its divisions excluding the superintendent, foremen, office employees, and field men Mr. James DeWitt, of Milwaukee, Wis., for the C. I. O. Mr. Henry Christofferse•n, of Chippewa Falls, Wis., for the A. F. of L. Mr. Walter C. Kirk, of Chicago, Ill., for the Company. Mr. Leonard Lindquist„ of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 15, 1940, United Condensery Workers of United Cannery, Agricultural Packing & Allied Workers of America, Local 24 (CIO), herein called the C. I. 0., filed with the Regional Director for the Twelfth Region (Milwaukee, Wisconsin) a petition alleging that a question affecting commerce had arisen collcerninb the representation of employees of Armour and Company,' Bloomer, Wisconsin, herein called the Company, and requesting an investigation' and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 12, 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 Di- 'Incorrectly designated as "Armour & Co." in the petition and the notice of hearing The title of the case was amended at the hearing to designate the Company correctly. 25 N L R B., No 82. 739 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rector to conduct it and to provide for an appropriate hearing upon due notice. On June 17, 1940, the Regional Director issued a,notice of hearing, copies of which were duly served upon the Company and upon the- C. I. O. Pursuant to the notice, a hearing was held on June 24, 1940, at Bloomer, Wisconsin, before Jacob I. Karro, the Trial Examiner duly designated by the Board. At the hearing, General Drivers - & Helpers Union, Local 662, affiliated with the American Federation of Labor, herein called the A. F. of L., claiming to represent employees directly affected by the investigation, moved that it be alloy=ed to inter- vene. This motion was granted by the Trial Examiner without ob- jection, and by consent of the parties the A. F. of was allowed to file its written,petition to intervene after the conclusion of the hearing. The Company and the A. F. of L., represented by counsel, and the C. I. O., represented by a union official, participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all the parties. During the course of the hearing , the Trial Examiner made several rulings on motions and on objections to the admission of evi- dence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed . The rulings are hereby affirmed. During the hearing, the Company moved to dismiss the petition .on the ground that there was no showing that a question had arisen concerning representation . The Trial Examiner did not rule on this motion and referred it to the Board for action. The motion is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company , a Delaware Corporation , is a subsidiary -of Armour, and Company, an Illinois Corporation , also herein referred to as the Company. At its Bloomer, Wisconsin, condensery, here involved, the Company produces an annual output of evaporated milk valued at $2,500,000, 98 per cent of which represent shipments to destinations outside the State of Wisconsin . The Company also produces a small amount of butter for local consumption . The principal raw materials used by the Company are milk and cream, all of which is obtained within the State of Wisconsin , and cans, boxes , solder, and- labels, which materials are obtained from sources outside the State of Wis- consin. At the time of the hearing, the Company employed approxi- mately 95 production workers at its Bloomer condensery. ARMOUR AND COMPANY II. TIIE ORGANIZATIONS INVOLVED 741 United Condensery Workers of United Cannery, Agricultural Packing & Allied Workers of America, Local 24 (CIO), is a labor organization affiliated with the Congress of Industrial Organizations, and General Drivers & Helpers Union, Local 662, is a labor organi- zation affiliated with the American Federation of Labor. Both or- ganizations admit to membership employees of the Company at its Bloomer condensery. III. THE QUESTION CONCERNiNO REPRESENTATION The C. I. O. has bargained with the Company on behalf of its mem- bers since the latter part of 1939. James DeWitt, an official of the C. I. 0., testified that on April 1, 1940, he sent, by registered mail, a communication to the Chicago; Illinois, offices of the Company, stating that the C. I. O. represented a majority or the employees of the Com- pany at its Bloomer condensery; requesting that the C. I. O. be recog- nized as exclusive bargaining agent for such employees; and asking that a reply to this.request be submitted by April 10.2 No response to this communication was received by the C. I. 0., and on April 15 'it filed the petition herein. At the hearing, counsel for the Company, also representing the Chicago offices of the Company, neither ac- knowledged nor denied- that this letter was received by the Company. Under the circumstances we are satisfied that DeWitt, as representative of the C. I. 0., requested the Company to recognize the C. I. O. as exclusive bargaining agent of the employees at its Bloomer condensery and that by failing to respond to this request, the Company, in effect, denied it. The C. I. O. asserted that it represented a majority of the employees in the appropriate unit, and there was introduced in evidence a writ- ten statement by^tlie Regional Director, reporting that the C. I. O. had submitted to hint 43 signed application cards, dated between October 13 and December 6, 1939; that the signati Tres on these cards. appeared to be genuine, original signatures; and that 41 of the signatures were names appearing on the Company's pay roll of June 22, 1940. At the hearing, the A. F. of L. submitted to the Trial Examiner 12 signed application cards dated June 22, 1940, and the Trial Examiner reported that all of the names on these cards corresponded with names on the Company's pay roll of June 22, 1940. Norman Kleist,-official of the A. F. of L., testified that 50 employees of the Company signed cards applying for membership in the A. F. of L. in 1937, and that 'At the hearing, Dewitt identified an alleged cop} of this communication, together Nxith a receipt for its registration , and a return receipt from the addressee thereof which was stamped "Armour and Company " and was dated April 2, 1940 ; all of which proof was admitted in evidence over the objection of counsel for the respondent. 25.10i --42-vol 2'--48 742 DECISIONS OF NAIIONAL LABOR RELATIONS BOARD in 1937 and part of 1938 the A. F. of L. bargained with the Company in behalf of its members. We find that a question has arisen conc^n-mng representation of em- ployees of the Company at its Bloomer condensery. 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, the parties stipulated that the appropriate unit should consist of all the employees at the Bloomer condensery, ex- clusive of the superintendent, foremen, and office employees. The labor organizations involved also agreed that the two employees of the Company known as field men should be excluded from the unit, while the Company contended that one of the field men, Matt Flat- land, should be included in the unit. The two field men solicit the purchase of raw milk from farmers and check the quality of the raw milk. Flatland, about 4 or 5 weeks out of the year. also drives a- truck while the regular drivers are on vacation. During the sunliner months, Flatland also directs the receipt *of incoming milk on the platform outside of the plant, lines up the drivers, and in the event that individuals bring milk directly to the plant, he receives and un- loads it. We do not believe that these extra duties, incidental to Flat- land's regular employment as a field man, warrant his inclusion in the appropriate unit while the other field man is by agreement of all parties to be excluded therefrom. In the Company's pay-roll list of June 22, 1940, which was introduced in evidence, the two field inen are included in the classification of supervisory and office employees. They are paid on a salary basis while all other workers in the pro- posed unit other than the chemist are paid on an hourly basis. In accord with the desires of the two labor organizations, we shall exclude the field men from the appropriate unit. We find that all the employees of, the Company at its Bloomer condensery, excluding the superintendent, foremen, office employees, and field men, constitute a unit appropriate for purposes of col- lective 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 will otherwise effectuate the policies of the Act. AP^MOUR' AND COMPANY 743 V1. THE DETERMINATION OF REPRESENTATIVES In Section III, above, we have noted the conflicting claims of the two labor organizations as to majority representation in the appro- priate unit. We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot, and we shall direct the holding of such an election. - During the hearing, the Company and the C. I. O. agreed that if an election was to be held, eligibility to vote should be determined by the pay roll immediately preceding the date of the election, and while the A. F. of L. requested the pay-roll date of June 22, 1940, it offered no substantial reason why the more recent date agreed to by the Company and the C. I. O. would be improper. In accordance with our usual practice we find that those eligible to vote in the election shall be the employees in the appropriate unit who are employed by the Company at its Bloomer condensery during the pay-roll period immediately preceding the date of our Direction of Election herein, including employees who did, not work during such pay-roll period because they were ill or on vacation, and employees who were then or shall have since been temporarily laid off; but excluding those who shall have since, quit or been discharged for cause. 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, Bloomer, Wiscon- sin, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the employees of the Company at its Bloomer, Wisconsin, condensery, excluding the superintendent, foremen, office employees, and field men, constitute a unit appropriate for the purpose of col- lective 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, 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 a part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Armour and Company, Bloomer, Wisconsin, an election by secret 744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ballot shall be conducted as soon 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 Twelfth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all the employees at the Bloomer, Wisconsin, condensery of the Company who were employed 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, and employees who were then or have since been temporarily laid off, but excluding the superin- tendent, foremen, office employees, and field men, and those who shall have since quit or been discharged for cause, to determine whether they desire to be represented by United Condensery Workers of United Cannery, Agricultural Packing & Allied Workers of America, Local 24 (CIO), affiliated with the Congress of Industrial Organizations, or by General Drivers & Helpers Union, Local 662, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or,by neither. MR. WILLIAM M. LEISEB5ON took no part in the consideration of the above Decision and Direction of Election.