Swift & Co.

In the Matter of SWIFT & COMPANY and AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L. Case No. R-29713.-Decided September 5, 1941 Jurisdiction : packing house industry and fertilizer manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees of the Company's packing house plant and fertilizing plant at Na- tional City, Illinois, subject to certain exclusions and inclusions. Mr. William N. Strack, of Chicago, Ill., for the Company. Mr. Redmond S. Brennan, of Kansas City, Mo., Mr. Henry Freise, of St. Louis, Mo., Mr. Earl Jimerson, of East St. Louis, Ill., and Mr. John Powderly, of East St. Louis, Ill., for the Amalgamated. Mr. Vernon Ford, of East St. Louis, Ill., for the P. W. O. C. Mr. William Bernard Saunders, of East St. Louis, Ill., for the S. E. A. Mr. Robert S. Fousek, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 15, 1941, Amalgamated Meat Cutters & Butcher Workmen of North America, A. F. of L., herein called the Amalgamated, filed 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 Swift & Com- pany, National City, Illinois, herein called the Company, and re- questing an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 23, 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, or- dered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. 35 N. L. R. B., No. 41. 184 SWIFT & COMPANY 185 On July 1, 1941, the Regional Director issued a notice of hearing, .copies of which were duly served upon the Company, the Amal- gamated, and upon Swift Employees Association, herein called the S. E. A., and Packing House Workers Organizing Committee, Local Union No. 41, herein called the P. W. O. C., the latter two- being labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 10, 1941, at St. Louis, Missouri, before L. N. D. Wells, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the Amalgamated, the S. E. A., and the P. W. 0. C. were represented and participated in the hearing. Full opportunity to-be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon 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 1. THE BUSINESS OF THE COMPANY Swift & Company is an Illinois corporation with its general offices at Chicago, Illinois. This proceeding involves only the packinghouse plant, herein called the National City plant, and Swift & Company Fertilizing Works, herein called the fertilizing plant, both located at National City, Illinois. The Company is engaged principally in the business of acquiring and slaughtering livestock and marketing the products thereof and in the manufacture of fertilizer. During an average year, the Company purchases all cattle, and over 95 per cent of the calves and sheep at the public stockyards in National City, Illinois; approximately 30 per cent of the hogs are secured directly from sources outside the State of Illinois. A substantial part of the livestock purchased at the public stockyards in National City, Illinois, originates in other States. Approximately 83 per cent of the products processed or manufactured at the National City plant are shipped outside the State of Illinois to 22 States of the United States. The Company admits that it is engaged in commerce within the meaning of the Act. II. -THE ORGANIZATIONS INVOLVED Amalgamated Meat Cutters & Butcher Workmen of North America is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Packing House Workers Organizing Committee, Local Union No. 41, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Swift Employees Association is an independent labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Amalgamated requested the Company for recognition as ex- clusive bargaining representative of the Company's employees at the National City plant but the Company refused until such -time,-as-the union is certified by the Board. Evidence introduced at the hearing discloses that the Amalgamated, the P. W. O. C., and the S. E. A. represent a substantial number of the employees in the unit hereinafter found to be appropriate for the purposes of collective bargaining.' 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 labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT All parties agree that the appropriate -unit should include all pro- duction and maintenance employees of the packing-house plant,2 ex- cluding the superintendent, assistant superintendent, division super- 1 The Amalgamated submitted to the Regional Director 572 signed authorization and application cards of which 508 contained names of persons on the pay roll of the Company of July 1, 1941 P. W. O. C. submitted 809 authorization cards , of which 488 contain signatures of employees on the pay roll of July 1, 1941. The S. E. A failed to submit any evidence to the Regional Director but at the hearing the parties stipulated that the S. E A. had submitted to the Trial Examiner 750 cards, a substantial number of which contained signatures of persons on the Company's pay roll of July 1, 1941. There are approximately 1,400 employees in the unit claimed to be,appropriate 2 The parties agreed that production and maintenance includes cattle yarding , cattle dressing, beef, fancy meat, beef casing , sheep killing ( sheep ), fancy meat , fancy meat cooler, beef cooler ( hot), pork cutting , stock food , bone house , tankage, hide cellar, hog casing, hog killing, pork fancy meat, produce , freezers , garage ( excluding clerks and chauffeurs), hog cooler; pork packing, sausage manufacturing , ham cooking, fresh pork sausage, tripe, ham boning, sausage packing, trimming loading, beef loading , lean and fat trimming, sweet pickle, dry salt, tractor , sheep loading, beef cutting, storeroom , smokehouse , carpenters and laborers, sliced bacon , restaurant, janitors , office janitors , power and steam, boiler and refrigeration , dry rendering, yards , oil house, lard refinery, cooperage , elevators, machinists, trackmen, blacksmiths , car washing, tinners, galvanizer , painters , laundry, wagon maker, millwrights, steamfitters, electricians , and egg candlers. N_ SWIFT & COMPANY 187 intendents, general foremen, assistant general foremen, foremen, assist- ant foremen, night superintendent, working foremen, doctor, timekeeper, head and assistant head of standards department, head and assistant head of the chemical laboratory, head and assistant head of receiving department, head and assistant head of fire hall, plant- protection employees, bellpullers, restaurant administrator, fire mar- shal, chief of police, yardmaster, general office employees, superin- tendent's clerical office employees, mechanical clerical office employees, time office clerical employees, credit union clerical employees, stand- ards office clerical employees, plant clerks, teamsters and chauffeurs, brickmasons, chemists, canteen employees, nurse, chef, assistant fore- men to store department, plant matrons, and all employees on the miscellaneous pay roll. The parties are not in agreement as to certain other employees. The Afr algain.ated wishes to include scalers while P. W. O. C., the Com- pany, and S. E. A. ask that they be excluded. Scalers do manual labor less than 25 per cent of the time. They weigh goods packed and manufactured by the Company. They also occasionally figure the pay roll for the department, and supervise and direct the packing of products. We find that scalers are supervisory and,clerical employees and, as such, should be excluded from the unit.3 The Amalgamated wishes to include dock checkers while the P. W. O. C., the S. E. A., and the Company desire to exclude them. Dock checkers check weights, and make ticket sheets from which invoices are made out. Their work differs from that of office men only in that they use portable desks. Dock checkers also supervise the storemen in the packing and icing of products. From a consid- eration of all the factors we find that dock checkers are clerical and supervisory employees and should be excluded from the unit.3- The S. E. A. and the Company wish to include Mrs. Foley and the Amalgamated and P. W. O. C. desire to exclude her. Mrs. Foley inspects eggs in the storage departments and makes egg classifications. It also appears that Mrs. Foley has assumed some of the duties of a plant matron. She spends 20 per cent of her time in work similar to that of a scaler or a dock checker. From a consideration of all of the factors we find Mrs. Foley should be excluded from the unit. The Amalgamated and the P. W. O. C. wish to have employees of the fertilizing plant included, the Company and the S. E. A. desire to exclude these employees from the unit. The fertilizing plant is small, having approximately 30 employees; and is located near the National City plant. We shall include the employees of the fertilizing plant. within the appropriate unit.- 8 See Matter of Armour & Company and Packing House Workers Organizing Committee for United Packing House Workers, Local 347, 8 N. L R B. 1100. 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all production and maintenance employees of the Na- tional City plant, and the fertilizing plant, excluding the superin- tendent, assistant superintendent, division superintendents, general foremen, assistant general foremen, foremen, assistant foremen, night superintendent, working foremen, doctor, timekeeper, head and assist- ant head of standards department, head and assistant head of the chemical laboratory, head and assistant head of receiving department, head and assistant head of fire hall, plant-protection employees, bell- pullers, restaurant administrator, fire marshal, chief of police, yard- master, general office employees, superintendent's clerical office employees, mechanical clerical office employees, time office clerical employees, credit union clerical employees, standards office clerical employees, plant clerks, teamsters and chauffeurs, brickmasons, chem- ists, canteen employees, nurse, chef, assistant foremen to store depart- ment, plant matrons, all employees on the miscellaneous pay roll, dock checkers, scalers, and Mrs. Foley, constitute a unit appropriate for the purposes of collective bargaining. We find further 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. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen can best be resolved by an election by secret ballot. The parties made requests for various pay roll dates to be used to determine eligibility to vote in the election, but no reasons were given for these requests. We shall direct that an election by secret ballot be held among the employees of the Company in the appropriate unit who were employed during the pay-roll period immediately preceding the date of this Direction of Election, subject to such limitations and additions as are set forth in the Direction. 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 Swift & Company, National City, 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 of the National City plant and of the fertilizing plant, excluding the superintendent, assist- ant superintendent, divisions superintendents, general foremen, assist- ant general foremen, foremen, assistant foremen, night superintendent, working foremen, doctor, timekeeper, head and assistant head of stand- SWIFT & COMPANY 189 ards department, head and assistant head of - chemical laboratory, head and assistant head of receiving department, head and assistant head of fire hall, plant-protection employees, bellpullers, restaurant administrator, fire marshal, chief of police, yardmaster, general office employees, superintendent's clerical office employees, mechanical clerical office employees, time office clerical employees, credit union clerical employees, standards office clerical employees, plant clerks, teamsters and chauffeurs, brickmasons, chemists, canteen employees, nurse; chef, assistant foremen to store department, plant matrons, all employees on the miscellaneous pay roll, dock checkers, scalers, and Mrs. Foley, 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 a part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Swift & Company, National City, 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 direc- tion and supervision of the Regional Director for the Fourteenth 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 production and maintenance employees of National City plant and the fertilizing plant who were employed dur- ing 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 or in the active military service or training of the United States, or temporarily laid off, but excluding the superintendent, assistant superintendent, division super- intendent, general foremen, assistant general foremen, foremen, assistant foremen, night superintendent, working foremen, doctor, timekeeper, head and assistant head of standards department, head and assistant head of chemical laboratory, head and assistant head of receiving department, head and assistant head of fire hall, plant- protection employees, bellpullers,- restaurant administrator, fire marshal, chief of police, yardmaster, general office employees, superin- tendent's clerical office employees, mechanical clerical office employees, 190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD time office clerical employees, credit union clerical employees, stand- ards office clerical employees, plant clerks, teamsters and chauffeurs, brickmasons, chemists, canteen employees, nurse, chef, assistant fore- men to store department, plant matrons, all employees on the miscel- laneous pay roll, dock checkers, scalers, and Mrs. Foley, and employees who.have since quit or been discharged for cause, to determine whether they desire to be represented by Amalgamated Meat Cutters & Butcher Workmen of North America, A. F. of L., Packing House Workers Organizing Committee, Local Union No. 41, C. I. O., or Swift Employ- ees Association, for purposes of collective bargaining, or by none of these organizations.