Armour and Co. of Delaware

In the Matter of ARMOUR AND COMPANY OF DELAWARE and FEDERAL LOCAL UNION No. 21088 OF THE AMERICAN. FEDERATION OF LABOR Case No. R-1949.-Decided August 23, 1940 Jurisdiction : soap manufacturing industry. Investigation and Certification of. Representativ es: existence of question: con- flicting claims of rival representatives; contract providing for representation for members only, no bar to; election necessary. Unit Appropriate for Collective Bargaining : production workers including re- ceiving and shipping department laborers, employees of the soap cleanser department, and janitors, but excluding maintenance employees, truck drivers, foremen, supervisory employees, non-productive laboratory employees, office clerical employees, and plant clerks. Mr. Peter F. Curran, of New York City, for the Company. Mr. Jacob Friedland, and Mr. Irving Barist, of Jersey City, N. J., for the A. F. of L. Mr. Urban Powers, and 111r. George Wember, of Union City, N. J., for the Association. Miss Marcia Hertzm.ark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 3, 1940, Federal Local Union No. 21088 of the American Federation of Labor,' herein called the Federal Local, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen. concerning the representation of employees of Armour and Company of Dela- ware,' herein called the Company, at its North Bergen, New Jersey, plant, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 26, 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 I The name of the petitioning union was amended at the hearing to read as above. 2 Incorrectly designated in the record as Armour and Company. 26 N. L. R. B., No. 107. 1046 . ARMOUR AND COMPANY 1047 Relations Board Rules and Regulations-Series 2, as amended, or- dered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On July 3, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Federal Local, and United Protective Association of Armour -Soap Works Employees, Inc., herein called the Association, a labor organization named in the petition as claiming to represent employees of the Company. Pursuant to notice, a hearing was held on July 15, 16, and 17, 1.940, at New York City, before Daniel R. Dimick, the Trial Examiner duly designated by the Board. The Company, the Federal Local, and the Association were represented by counsel and participated in the hear- ing. Full opportunity to be hoard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the commencement of the hearing the Association moved to dismiss the petition.3 The Trial Examiner did not rule upon the motion. It is hereby denied. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission. of evidence. 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 1. THE BUSINESS OF THE COMPANY Armour and Company of Delaware Js a Delaware corporation with its principal office at Chicago, Illinois . Through common stock ownership it is controlled by Armour and Company, an Illinois corporation. Armour and Company of Delaware operates a plant at North. Bergen, New Jersey, where it is engaged in the manufacture, sale, and distribution of soaps, glycerine, and related products. Dur- ing the fiscal year ending October 1939 it purchased raw materials for use at its North Bergen plant aggregating 43,627,274 pounds, of which approximately 65 percent were purchased and shipped to it from. points outside the State of New Jersey.. During the same period it sold and distributed from its North Bergen plant finished products aggregating 73,841,934 pounds, of which approximately 90 percent were sold and shipped to points outside the State of New Jersey. 3 The ground of the motion was that "the proper representative parties for the petitioner are not here, and that Local 21088 of the American Federation of Labor, through their representative , has admitted that a charter, a Federal-charter, has been issued to a group who will subsequently be asked to represent the unit that they are making this application for in the Armour plant." 1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Federal Local Union No. 21088 is a labor organization affiliated with the American Federation of Labor, admitting to membership production employees of the Company. United Protective Association of Armour Soap Works Employees, Inc., is a labor organization admitting to membership all hourly paid or steady time employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Association was incorporated in May 1938 and shortly there- after requested that the Company recognize it as the exclusive bar- gaining agent for the employees of the North Bergen plant. The Company refused to sign a contract with the Association but on February 21, 1939, posted in its plant a statement of company policy in which it recognized the Association "as the collective bargaining agency for those of our employees who are members of the Associa- tion and their representatives as bargaining agents for said Associa- tion." On about March 1, 1940, after bargaining conferences with the Association, the Company posted another Statement of Company Policy,. to expire March 1, 1941, containing a similar recognition clause and intended to cover all types of employees except chauffeurs, supervisory and office clerical employees. The Federal Local began its organizational activities in the North Bergen plant of the Company in February 1940. On May 17 it re- quested that the Company meet with it to discuss collective bargain- ing. On May 22 a second letter of a similar nature was addressed to the Company. On May 27 it representative of the Federal Local met with the plant superintendent of the Company and requested that the Company recognize it as the exclusive bargaining agent for the employees in the North Bergen plant. The plant superintendent refused to recognize or bargain with the Federal Local. There was introduced in evidence a statement by the Regional Director that the Federal Local and the Association had submitted to him membership application and authorization cards in behalf of their claims to represent employees of the Company. The statement indicates that both the Federal Local and the Association represent a substantial number of employees of the Company. 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 Nye find that the question concerning representation which has arisen, occuring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial ARMOUR AND COMPANY 1049 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 The Federal Local, the Association, and the Company agree that the appropriate unit should include all production employees of the Company, and that foremen, supervisory employees, truck drivers, nonproductive laboratory employees, and office clerical employees should be excluded from the unit. However, as to certain other em- ployees they are in disagreement. We shall consider the specific groups sought by the parties to be included and excluded from the unit. Maintenance employees.-The Company and the Association seek to include within the unit machinists, plumbers, steam fitters, electri- cians, painters, carpenters, millwrights, engineers, firemen, and other maintenance employees. The Federal Local desires their exclusion. These employees are skilled workers, have special training, and. are engaged principally in the operation. and servicing of the plant's machinery. They are not eligible to membership in the Federal Local, but are eligible to membership in other craft unions. We shall exclude them from the unit.4 Shipping and receiving department laborers.-The Company has a shipping department and a receiving department whose employees are listed on the pay roll as laborers.' The shipping department also includes a tractor operator and a dump truck operator. Their work requires no special skill. The Federal Local desires their ex- clusion from the unit while the Company and the Association ask that they be included. Although these employees are not engaged in actual production, the conditions under which they work are similar to those of the production employees. We shall include them in the unit. Plant clerks.-The Federal Local desires the exclusion from the unit of about five clerks classified as receiving clerks, shipping clerks, and production clerks. The Association and the Company request that they be included. These employees are engaged chiefly in clerical work throughout the plant and are paid on a weekly salary basis. We shall exclude them from the unit.' 4 Cf. Matter of Payne Furnace and Supply Co., Inc. and Stove Mounters International Union of North America Local No. 93, A. F. L., 21 N. L. R. B. 797, and cases cited therein. . d The parties refer to these employees as receiving and shipping clerks. However, since they use the same designation for the clerks whom we shall discuss under the heading "Plant clerks," and who are engaged in clerical work, we shall refer to them as laborers. A Matter of Alabama By-Products Corporation, Coke Oven Division and District 50, United Mine Workers of America (C. 1. 0.), 13 N. L. R. B. 274; Matter of Westinghouse Electric and Manufacturing Company- Porcelain Division at Derry, Pennsylvania and United Electrical, Radio and Machine Workers of America, 12 N. L. R. B. 1360. 1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Soap cleanser department employees.-The Association contends that employees of the department in which soap cleanser is produced should be excluded from the unit because they are employed for only a 6-month period, due to the injurious effect of this work upon the health of employees in this department. We see no reason why these employees should not be included in the unit. They are regular pro- duction employees, and their terms of employment do not expire simultaneously. We shall include them within the unit. Watchmen.-The Federal Local and the Company ask that watch- men be excluded from the unit. The Association desires their in- clusion . In accordance with our usual practice in such circumstances, we shall exclude them.' Janitors.-The Company seeks to include within the unit two jani- tors. The Association took no position as to these employees: The Federal Local does not desire their inclusion but advanced no reason for excluding them. The duties of the janitors are more nearly similar to those of employees whom the Federal Local wishes to include than to those of employees whom it wishes to exclude from the unit. Since the janitors are not eligible for membership in a craft union, it is probable that, if excluded from the present unit, they would be denied representation for purposes of collective bargaining. In view of these considerations, we shall include the janitors in.the unit.' We find that all production workers of the Company at its North Bergen plant, including receiving and shipping department laborers, employees of the soap cleanser department, and janitors, but exclud- ing maintenance employees, truck drivers, foremen, supervisory em- ployees, non-productive laboratory employees, office clerical employees, and plant clerks,. 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. . I VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by holding an election by secret ballot. We shall direct that such an election be held. The Federal Local requested that the Company's pay roll next preceding the date of the filing of the petition be used to determine those eligible to vote. The Association and the Company ask that a current pay roll be used to determine this question. 7 Matter of Armour & Co., and Amalgamated Meat Cutters and Butcher Workmen of North America, Local No. 296, 10 N. L. R. B. 912. 8 Matter of Miller Cereal Mills and Federal Labor Union No. 21576, Cereal , Flour, Feed and Grain Elevator Workers, A . F. of L., 22 N. L. R. B. 988, and case cited therein. ARMOUR AND COMPANY 1051 We shall follow our usual procedure, and direct that a recent pay roll be used to determine those eligible to vote. The persons eligible to participate in the election shall be the employees in the appropriate unit who were employed by the Company at its North Bergen plant during the pay-roll period next preceding this Direction, 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 those who have since quit or been discharged for cause. Upon the basis of the . abo\•e 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 of Delaware, North Bergen, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production employees of the Company at its North Bergen plant, including receiving and shipping department laborers, em- ployees of the soap cleanser department, and janitors, but excluding maintenance employees, truck drivers, foremen, supervisory em- ployees, non-productive laboratory employees, office clerical em- ployees, and plant clerks, 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, 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with Armour and Company of Delaware, North Bergen, New Jersey, 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, under the direction and supervision of the Regional Director for the Second 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 Armour and Company of Delaware, North Bergen, New Jersey, who were em- ployed by the Company during the pay-roll period next preceding 1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the date of this Direction, including receiving and shipping depart- ment laborers, employees of the soap cleanser department, and jani- tors, and 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 mainte- nance employees, truck drivers, foremen, supervisory employees, non- productive laboratory employees, office clerical employees, and plant clerks, and employees who have since quit or been discharged for cause, to determine whether they wish to be represented for the purposes of collective bargaining by Federal Local Union No. 21088 of the American Federation of Labor, by United Protective Associ- ation of Armour Soap Works Employees, Inc., or by neither. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.