Cudahy Packing Co.

In the Matter of CUDAHY PACKING COMPANY and LOCAL #123, UNITED PACKINGHOUSE WORKERS OF AMERICA, OF PACKINGHOUSE WORKERS ORGANIZING COMMITrEE (C. I. 0.) Case No. R-2179.-Decided December 20, 1940 Jurisdiction : meat packing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding foremen, supervisors , clerical and office employees, and truck drivers. Mr. Thomas Creigh, of Chicago, Ill., for the Company. Mr. John J. Brownlee, and Mr. Sigmund Wlodarczyk, of Chicago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 18, 1940, Local #123, United Packinghouse Work- ers of America, of Packinghouse Workers Organizing Committee (CIO), herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Cudahy Packing Company, Chicago, Illinois, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On No- vember 26, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) and Articles 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. On November 28, 1940, the Regional Director issued a notice of hearing, 'copies of which were duly served upon the Company and 28 N. L. R. B., No. 106. 705 706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union. Pursuant to notice, a hearing was held on December 5, 1940, at Chicago, Illinois, before Charles F. McErlean, the Trial Examiner duly designated by the Board. The Company was repre- sented by counsel, the Union by its representatives; both participated in the hearing. Full opportiinityto be heard, to examine and cross- examine-ii,itnesses, and to introduce evidence bearing on the issues was afforded all parties. 'During the course of the hearing the Trial Examiner made several rulings on inotions 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 com- mitted. 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 Cudahy Packing Company is a Maine corporation having its prin- cipal executive offices in Chicago, Illinois. It maintains a plant in South Chicago, Illinois, With which we are here 'concerned. Ap- proximately 90 per cent of all the products processed at the South ,l Chicago plant are shipped to it f.rom' points outside the State of Illinois. 'The Company sells finished products from its South Chi- cago plant valued at $500,0.00. annually, approximately 50, per, cent of which are shipped by it to points outside the State of Illinois. The Company admits that the South Chicago plant is engaged in commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED Local #123, United Packinghouse Workers of. America, of Pack- .11 inghouse ' Workers Organizing Committee, ' is a la10 1 bor organization affiliated with the Congress of Industrial Organizations. It admits to membership all production and maintenance employees, at the South" Chicago plant of the Company, excluding ' foremen, super- visors, clerical, and office employees, and truck drivers. III. THE QUESTION CONCERNING REPRESENTATION During October 1940, the Union, claiming to represent a majority of the employees at the South Chicago plant of, the Company, re- quested exclusive recognition. This request was denied. A state- ment of the Trial Examiner read into the record at the hearing shows that the Union represents a substantial, number of the employ- ees in the unit which it alleges is appropriate." 1 The Trial Examiner 's statement shows that 72 employees at the South Chicago plant of the Company have signed applications in the Union . There are approximately 150 employees in the alleged appropriate unit CUDAHY PACKING COMPANY 7.07 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 1abor "disputes -burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees at the South Chicago plant of the Company, excluding foremen, supervisors, clerical and office employees, and truck drivers, consti- tute, an appropriate unit. The Company took no position with respect to the unit. We see no reason for departing from the desires of the Union. We, find that all production and maintenance employees at the South Chicago plant of the Company, excluding foremen, super- visors, clerical and office employees, and truck' drivers, constitute a unit appropriate for the purposes, of collective bargaining, and that such 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 We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Union stated that in the event the Board directed an election it desired that the pay roll immediately preceding the date of the Direc- tion be used to determine eligibility to vote. The Company took the position that this was a question for the- Board. We find, that the employees of the Company eligible to -vote in the, election, shall be those employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of 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. 413597-42-vol 28-46 708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 rep- resentation of employees at the South Chicago plant of Cudahy 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 and maintenance employees at' the South 'Chi- -cago plant of the Company, excluding foremen, supervisors, clerical and office employees, and truck drivers, 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 Relations At, 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 Cudahy 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, under the direction- 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 Regu- lations; among all production and maintenance employees at the South Chicago plant of the Company who were employed during the pay-roll period immediately preceding the date of this Direc- tion, 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 foremen, supervisors, clerical and office employees, truck drivers, and employ- ees who have since quit or been discharged for cause, to determine .whether or not they desire to be represented by Local #123, United Packinghouse Workers of America, of Packinghouse Workers Or- ganizing Committee, affiliated with the Congress of Industrial Organizations for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election.