Memphis Butchers Association, Inc.

In the Matter of MEMPHIS BUTCHERS ASSOCIATION, INC. and PACK- INGHOUSE WORKERS ORGANIZING COMMITTEE, LOCAL 131, OF MM- PHIS, TENNESSEE In the Matter of MEMPHIS BUTCHERS ASSOCIATION, INC. and AMAL- GAMATED MEAT CUTTERS & BUTCHER WORKMEN OF N. A. LOCAL 515 Cases Nos. R-2590 and R-2591.-Decided July 9,1941 Jurisdiction : meat industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition until certified by Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding supervisory employees, sales and office forces, and extra bide men. - Mr. Leo Goodman, of Memphis, Tenn., for the Company. Mr. G. R. Hat haw sy, of Atlanta, Ga., for P. W. O. C. Mr. Rby W. Grow, of Memphis, Tenn., for the Amalgamated. Mr. Marvin C. Wahl, of counsel to the Board. DECISION AND i DIRECTION OF ELECTION STATEMENT OF THE CASE On April 10, 1941, Packinghouse Workers, Organizing- Committee, Local 131, of Memphis, Tennessee,' affiliated with the Congress of Industrial Organizations, herein called the P. W. O. C., filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Memphis Butchers Asso- ciation, Inc.,2 Memphis, Tennessee, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act-, 49 Stat. 'Incompletely designated in the petition as "Packinghouse Workers Organizing Com- mittee." 2 The formal papers were amended at the hearing to state the correct name of the Company as indicated-above. 33 N. L. R. B., No. 54. 218 MEMPHIS BUTCHERS ASSOCIATION, INC. 219 449, herein called the Act. On April 12, 1941,' Amalgamated Meat Cutters & Butcher Workmen of N. A. Local 515, affiliated with the American Federation of Labor, herein called the Amalgamated, filed a similar petition with the Regional Director. On May 19, 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 Relations Board Rules and Regulations- Series 2, as amended, ordered an investigation in each case and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice and, acting pursuant to Section 10 (c) of said Rules and Regulations ordered that the cases be consolidated 4 On May 14, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the P. W. O. C., and the Amalgamated. Pursuant to notice, a hearing was held on May 23, 1941, at Memphis, Tennessee, before John C. McRee, the Trial Examiner duly designated by the' Chief Trial Examiner. The Company was represented by counsel, and the P. W. O. C. and Amal- gamated by their respective representatives; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was af- forded all parties. During the course of the hearing, the Trial Examiner made rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer 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 J. THE BUSINESS OF THE COMPANY Memphis Butchers Association, Inc., is a Tennessee corporation, engaged in the operation of an abattoir as a custom killer. In'the 6 months preceding the hearing the Company handled an average of approximately .700 head of livestock each week, which included cattle, hogs, calves, and lambs. Approximately 97 percent of all such live- stock was shipped to the Company from Memphis stockyards.5 The remaining 3 percent represents calves which were shipped to the Company from States other than Tennessee. In the same 8 The Amalgamated ' filed an amended petition on May 2, 1941, in 'order to correct the name of the Company from "Memphis Butchers Abattoir" to "Memphis Butchers Asso- ciation." . a Prior to this, on May 9, 1941, the Board had issued a similar order in which the Com- pany was incorrectly designated as "Memphis Butchers Abattoir." 5 The Company 's president testified that he had no knowledge where . such -livestock originated. . 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD period more than 20 percent of the carcasses which left the Company's abattoir were shipped outside of the State. The Company buys about 400 hides per week, 99 percent of which it treats and sells to customers outside of the State. The Company also makes fertilizer and ships about 5 percent, or .8,000 pounds, per week to States other than Tennessee. Occasionally it purchases cattle, pro- cesses them, and sells them to customers outside of the State. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Packinghouse Workers Organizing Committee, Local 131, of Mem- phis, Tennessee, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees' of the Company. Amalgamated Meat Cutters & Butcher Workmen of N. A. Local 515, is a labor organization, affiliated with the American Federation of Labor. It also admits to 'membership employees' of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated, and we find, that both the P. W. 0. C. and the Amalgamated claim to represent a majority.of the production and maintenance employees of the Company. Each of the unions has asked the Company for recognition as the statutory representa- tive of such employees, but the Company has taken the position that it cannot recognize either. one of them until it is certified by. the Board. A statement on the record by the Trial Examiner shows that both unions represent a substantial number of employees in the unit hereinafter found to be appropriate.6 We find that a question has arisen concerning the representa- tion 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 Com- The Trial Examiner stated that the P. W. O. C. submitted to him 26 membership and authorization cards of employees , 24 of whom appeared on the Company's May 22, 1941, pay roll. All the signatures appeared to be genuine. The Amalgamated submitted- 22 applications for membership and authorization cards, 17 of which bore names appearing on the May 22, 1941, pay roll. These signatures also appeared to be genuine. The Com- pany's May 22, 1941 , pay roll showed that it employed 34 persons in the unit hereinafter found to be appropriate. MEMPHIS BUTCHERS ASISIOCTATION, INC. 221 pany described in Section I, above, has a close,_ intimate, and sub- stantial 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. P. W. 0. C. and the Amalgamated agree that all production and maintenance employees of the Company, excluding supervisory employees, sales and office forces ,7 and extra hide men 8 constitute an appropriate unit. They disagree, however, as to whether W. L. Phillips, the foreman, of the killing department, and W, R. Moor- field, the head engineer, should be included in the unit. The Amalga- mated desires their inclusion and P. W. 0. C. their exclusion. The Company, takes no position as to what constitutes an appropriate unit. TV. L. Phillips is. the foreman of the killing department in which 20 men are employed. His duties are primarily supervisory, but he engages in production work as well. He is hourly paid, as are the other men in the killing department, but he receives a ,higher rate of pay than those whom he directs, He has power to hire and to recommend discharges. While the P. W. 0. C. seeks to exclude him ' as a supervisory employee; the Amalgamated wishes him in- cluded on the ground that he is only a ' strawboss and is eligible to membership in the Amalgamated.. We find that Phillips is a super- visory employee outside the scope of the unit. W. R. M11oorfield .is the head engineer. The Corhpany employs two other engineers. Moorefield and each of the other two engineers works one of the three 8-hour shifts. At times, after his regular shift, Moorfield returns to the plant to see that everything is operat- ing smoothly. He receives .a weekly salary which is greater than that paid to the other engineers. While he frequently recommends pur- chases, he does not have authority to hire or discharge; nor does he assign work to the other engineers. The P. W. 0. C. desires his exclusion as a supervisory employee, while the Amalgamated wishes to include _him, contending that he is engaged in work similar to that of the other engineers who are admittedly in the unit and that he is eligible to membership in the Amalgamated. We find that Moorfield is within the- appropriate unit. 7Included in this category by both unions is Joe Schulman, who, although classified by the Company as a beef buyer, works mainly as a messenger and occasionally as a handyman. 8 The extra hide men work 1 day each month. The same men are not hired each month, although those who are hired have usually performed similar work for the Company in the past. . 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all production and maintenance employees of the Company, excluding supervisory employees, sales and office forces, and extra hide men, 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 . In accord- ance with the desires of the parties and our usual practice , we shall direct that those . eligible to vote in the election . shall be the em- ployees within the appropriate unit who were employed by, the Company during the pay-roll period immediately preceding the date of the Direction of Election , subject to such limitations and additions as are set forth in the Direction hereinafter. 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 re- presentation of employees of Memphis Butchers Association, Inc., Memphis, Tennessee , 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 of the Company, excluding supervisory employees, sales and office forces, and extra hide men, 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 Re - lations Act and pursuant to Article III, Section 8, of National La- bor Relations Board Rules and Regulations-Series 2, as amended, it is hereby . DmucTED that, as part of the , investigation authorized by the Board to ascertain representatives for the , purposes of collective bargaining with Memphis . Butchers Association , Inc.,. Memphis; 'rennessee, an.election by secret ballot should be conducted as early as possible , but not later than thirty (30) days from , the date of this' MEMPHIS BUTCHERS ASISOCIATION, INC. 223 Direction of Election, under the direction and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III; Section 9;. of . such Rules and Regulations, among all production and maintenance -employees who were employed by the Company during the pay-roll period immediately preceding the date of this, Direction of Election, including employees who did not work dur- ing such pay-roll period because they were ill or on vacation , or, in .the active military service or training of the United States, or tem- porarily laid off, but excluding supervisory' employees, sales and office forces, and extra hide men, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Packinghouse Workers Organizing ' Committee, Local 131, of Memphis, Tennessee, or by Amalgamated Meat Cutters & Butcher Workmen of N. A. Local' 515,.fon the purposes of collective bargaining, or by neither.