Armour and Co. of Delaware

In the Matter of ARMOUR AND COMPAIIY OF DELAWARE and AMALGA- MATED MEAT CurrERS & BUTCHER WORKMEN OF NORTH AMERICA, LOCAL No. 545, A. F. of L. Case No. R-2626.Decided July 7, 1941 Jurisdiction : meat packing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it is certified by the Board ; temporary employees held ineligible to vote ; election necessary. Units Appropriate foi Collective Bargaining : ( 1) production and maintenance employees at the St. Louis branch house of the Company, excluding supervisory and office " employees, chauffeurs , truck drivers, inside salesmen, and garage employees ; (2)' garage employees at the St. Louis branch house of the Company excluding the garage foreman. Mr. Paul E. Blanchard, of Chicago, Ill., for the Company. Mr. E. W. Jimerson, of East St! Louis, Ill., and Mr. Henry Friese, of St. Louis, Mo;, for Local 545. Mr. Jack Manning, of St. Louis, Mo., for the I. A. M. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On May 19, 1941, Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 545, A. F. of L., herein called Local 545, ,Hied with the Regional Director for the Fourteenth Region (St. Louis, Missouri ) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Armour and Company of Delaware, St. Louis, Missouri, herein called the Com- pany," and requesting an investigation and certification of represent- atives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 6, 1941, 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 'Incorrectly designated in the formal papers as Armour & Company, St. Louis branch house. This was corrected by motion at the hearing. 33 N. L. R. B., No. 36. 154 ARMOUR AND COMPANY OF DELAWARE 155 Relations Board Rules and Regulations-Series 2, as amended, or- dered an investigation and authorized the Regional Director to conduct it'and to provide for an appropriate hearing upon due notice. On June 9, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, Local 545, and International Association of Machinists, District No. 9, herein called the I. A. M., a labor- organization claiming to represent employees directly affected by the investigation, and upon United Packinghouse Workers of America, of Packinghouse Workers Organizing Commit- tee. Pursuant to notice, a hearing was held on June 13, 1941, at St. Louis; Missouri, before L. N. D. Wells, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The Company, Local 545, and the I. A. M. were represented and participated in the hearing. United Packinghouse Workers of America, of Packinghouse Workers Organizing Committee did not appear. Full opportunity to be heard, to examine and cross-examine witnesses, 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 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 I. THE BUSINESS OF THE COMPANY Armour and Company of Delaware is engaged in the meat-packing and distributing business. The Company, directly and through its subsidiaries, operates 30 meat-packing plants in 23 States and about 300 branch houses throughout the United States. The total sales of the Company and its subsidiaries are approximately $715,000,000 annually. This proceeding is concerned solely with the Company's branch house at St. Louis, Missouri. This branch house sells and distributes approximately 37,000,000 pounds of meat and meat products annually valued at more than $5,000,000, approximately 97 per cent of which originates outside the State of Missouri and almost all of which is sold within the State of Missouri. H. THE ORGANIZATIONS INVOLVED Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 545, is a labor organization affiliated with the American Federation of Labor. It admits to ' membership employees at the St. Louis branch house of the Company. 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Machinists, District No. 9, is a labor organization affiliated with the' American Federation of Labor. It admits to membership employees at the St. Louis branch house of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On May 8, 1941, Local 545 requested the Company to recognize it as the exclusive bargaining representative of the employees at the St. ,Louis branch house. The Company refused this request until such time as Local 545 is certified by the Board as the exclusive repre- sentative of such employees.. A statement of the Regional Director introduced in evidence at the hearing shows that Local 545 represents a substantial 'number of employees in the unit alleged by it to be appropriate.2 We find that questions have arisen concerning the representation of employees of-the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in- connection with the operations of the Company described in Section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of: commerce. V. THE APPROPRIATE UNITS Local 545 urges that all production and maintenance employees at the St. Louis branch house of the-Company, excluding supervisory and office employees, chauffeurs, truck drivers, inside salesmen, and garage employees, constitute an appropriate unit. The I. A. M. con- tends that all garage employees, excluding Holous and Sledge S con- stitute an appropriate unit. The Company takes no position with respect to the appropriate unit or units. The only controversy with respect to the appropriate units concerns one employee in the garage designated by the ,Company as 'garage 'The Regional Director reported that Local 545 presented 41 membership -application cards of persons whose names appear on the Company's pay roll of May 29, 1941. There are approximately 96 employees in the unit alleged to be . appropriate by Local 545. The I. A. M. presented four membership-application cards to the Trial Examiner bearing the names of. persons who appeared on the Company 's pay roll of May 29, 1941. There are five employees in the unit alleged to' be appropriate by the I.. A. M. . ' Holous and ' Sledge are eligible to membership in the International Brotherhood of Teamsters , Chauffeurs,, Stablemen and Helpers of America , with whom the Company has ' a contract. ARMOUR AND COMPANY OF DELAWARE 157 foreman. The I. A. M. desires that he be included in the unit'and -the Company. indicated by its examination at the hearing that it desired his exclusion. The garage foreman spends 20 percent of his time performing actual manual duties and, the balance of his time super- vising the other garage employees. We find that the garage foreman should be excluded from the unit of garage employees. We find that all production and maintenance employees at the St. Louis branch office of the Company, excluding supervisory ' and office employees, chauffeurs; truck drivers, -inside salesmen, and 'garage employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will -insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuate'the policies of the Act. We.find that.aii garage employees of the Company, excluding the garage foreman, Ho]ous and Sledge, 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 -effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES . ' We find that the questions concerning representittion'which --have arisen can' best be resolved by elections by' secret ballot. :Local 545 and the I. A. M..urge that the pay roll of the Company for the- week ending 'May 24, 1941; be used to determine eligibility to, vote in the elections. The Company took no position with. respect to the eligibility date. We find that employees eligible to vote shall be those employees in the appropriate units whose names appear on the Company's pay roll for the week "ending May 24, 1941, subject to such limitations and additions as are' set forth in the Direction here- inafter. , Local 545 contends that Drum, Lotomersino, and Lake, employees of the Company, should be deemed ineligible to vote. on- the ground that they are temporary employees. The Company took no position with respect to their eligibility. Drum is a college student and works for the Company. during his summer vacations. He was first em- ployed during the summer of 1940 and is presently working during the summer vacation of 1941. A representative of the' Company testified that Drum will become a permanent employee upon his graduation but that he will in all probability be a salesman. Sales- men are not included in the appropriate unit. We find that Drum is ineligible to vote in the election. Lotomersino and Lake were first employed by the-Company in May 1941. They have been hired to substitute for various employees during their annual vacations. The 158 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD record indicates that they will be employed only until September 1, 1941, at which time all employees of the Company will have con- cluded their vacations. Local 545 contends" that they should be deemed ineligible to vote on the ground that they are temporary employees. The Company takes no position with respect to Loto- mersino and Lake. We find that they are not eligible to vote in the election. 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. Questions affecting commerce have arisen concerning the repre- sentation of employees at the St. Louis branch house of Armour and Company of Delaware, St. Louis, Missouri, within the meaning of Section 9 (c) and Section 2 (6). and (7) of the National Labor Re- lations Act. 2. All production and maintenance employees at the St. Louis branch house of the Company, excluding supervisory and office em- ployees, chauffeurs, truck drivers, inside salesmen, and garage em- ployees, constitute a unit .appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of, the National Labor Relations Act.: 3. All garage employees at the St. Louis branch house of the Com- pany, excluding the garage foreman, Holous and Sledge, 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 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 Armour and Company of Delaware, St. Louis, Missouri, elect. tions 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 Four- 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 : . ARMOUR AND COMPANY OF 'DELAWARE 159 1. Among all, production and maintenance employees at the ' St. Louis branch house of the Company whose names appear on the Company's pay roll for the week ending May 24, 1941, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding super- visory and office employees, chauffeurs, truck drivers, inside salesmen, garage employees, and employees who have since quit or been dis- charge for cause, to determine whether or not they desire to be repre- sented by Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 545, affiliated with the American Federation of Labor, for the purposes of collective bargaining. 2., Among all garage employees at.the St. Louis branch house of the Company whose names appear on the Company's pay roll for the week ending May 24, 1941, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding the garage foreman, Holous, Sledge, and em- ployees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Associa- tion of Machinists, District No. 9, affiliated with the American Federa- tion of Labor, for the purposes of collective bargaining. EDWIN S. SMITHS dissenting in part : I dissent from the Board's finding that the garage foreman should be excluded from the unit of garage employees. He is a minor super- visory employee who spends 20 per cent of his time actually perform- ing manual duties. There are only four other employees in the garage and the record does not indicate whether he has the power to hire or discharge, or recommend such action for them. Under the circum- stances, and since the only organization involved desires his inclusion in the unit, I would, in accordance with previous decisions of the Board, include the garage foreman in the unit of garage employees.-' SAME TITLE] CERTIFICATION OF REPRESENTATIVES August 6, 1041 On July 7, 1941 , the National Labor Relations Board , herein called the Board, issued ,a Decision and Direction of Elections in 4 Matter of Kawneer Company and Local 92, United Automobile Workers of America, 22 N. L. R. B. 274; Matter of Willys Overland Motors, Inc. 4nd International Union, United Automobile Workers of America, Local No. 12, 3 N. L. R. B. 924. 160 DECISIONS OF NATIONAL. LABOR. RELATIONS. BOARD the above-entitled proceeding. Pursuant to the Direction. of Elec- tions, elections by secret ballot were conducted on July 18, 1941, under the direction and supervision of the Regional Director for -the Fourteenth Region (St. Louis, Missouri). On July 19, 1941, the Regional. Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by,any of the parties. As to the balloting and its results, the Regional Director reported as follows : PRODUCTION AND MAINTENANCE EMPLOYEES Number of employees eligible to vote_ ______________________ 88 Total number of ballots cast--L --------------------------- 77 Total number of ballots challenged__________________________ 1 Total - number • of blank ballots______________________________ 0 Total number of void ballots -------------------------------- 0 Total valid votes counted ---- -------------------------------- 76 Number of valid ballots voted-for Amalgamated Meat Cutters & Butcher. Workmen of North America,. Local No. 545, A. F. of L----------------------------------------------- 56 Number of valid ballots voted against Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 545, A. F. of L------------------------------------------- 20 GARAGE EMPLOYEES Number of employees eligible to vote________________________ 4 Total number of ballots cast -------- ----------------------- 3 Number of ballots challenged________________________________ 0 Number of blank ballots____________________________________ 0 Number of void ballots_________________________________0 Total number of ballots counted_____________________________ 3 Number of ballots voted for International Association of Machinists, District No. 9, A. F. of L____________________ 3 Number of ballots voted against International Association of Machinists, District No. 9, A. F. of, L_____________________ 0 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, IT IS HEREBY CERTIFIED that Amalgamated Meat Cutters & Butcher. Workmen of North America, Local , No. 545, affiliated with the American Federation, of, Labor, has been designated and selected by a majority of all production and maintenance employees at the St. Louis branch house of - Armour and Company, of Delaware, St. Louis, Missouri, excluding; Supervisory and office employees, ARMOUR AND COMPANY OF DELAWARE 161 chauffeurs, truck drivers, inside salesmen, and garage employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 545, affili- ated with the American Federation of Labor, is the exclusive_repre- sentative of all such employees for the purposes of collective bargain- ing in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that International Association of Machin- ists, District No. '9, affiliated with the American Federation of Labor, has been designated and selected by a majority of all garage em- ployees at the St. Louis branch house of Armour and Company of Delaware, St. Louis, Missouri, excluding the garage foremen, Holous and Sledge, as, their representative for the purposes of collective bargaining, and that, pursuant "to Section 9 (a) of the Act, Inter- national Association of Machinists, District No. 9, affiliated, with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 33 N. L. R. B., No. 36a.