Swift & Co.

In the Matter of SwrF'r & COMPANY aind AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L. Case No. R-2713 Investigation and Certification of Representatives : run-off election directed. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION October: 25, 1941 On September. 5, 1941,. the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an* election by secret ballot was conducted on September 24, 1941, at East St. Louis, Illinois, under the direction and supervision of the Regional Director for the Fourteenth Region (St. Louis, Missouri). On September 25, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon Swift & Company, herein called the Company, Amalgamated Meat Cutters & Butcher Workmen of North America, A. F. of L., herein called the Amalgamated, Packing House Workers.Organizillg Committee, Local. Union No. 41, C. I. 0., herein called the P. W. O. C., and upon Swift Employees Association, -herein called the S. E. A. As to the balloting and its results, the Regional Director reported as follows : Number of navies on eligibility list_________________________ 1, 627 'Total number .of ballots cast______________ __________________ 1,322 Number of ballots challenged _______________________________ 6 Number of blank ballots ___________________________________ 1 Number of void ballots __________________________________ 10 Total number of ballots counted ____________________________ 1, 305 Number of ballots voted for Amalgamated Meat Cutters & 1 35 N. L. R. B., No. 41. 36 N. L. R. B., No. 81. 401 433118-42-vol. 36-27 402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Butcher Workmen of North America, A. F. of L___________ 578 Number of ballots voted for Packing House Workers Organiz- ing Committee, Local Union No. 41, C. I. 0________________ 408 Number of ballots voted for Swift Employees Association____ 213 Number of ballots voted for none of the organizations named-_ 106 We find that it is not necessary to rule upon the challenged ballots cast in the said election, inasmuch as they could not in any way affect the outcome of the election. On September 27,1941, the Company filed with the Regional Director Objections to the Conduct of the Ballot. The Company objected to. the conduct of the ballot, in substance, on the grounds that the polling place was not appropriate. On October 10, 1941, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Re- lations Board Rules and Regulations-Series 2, as amended, issued her Report on the Objections, copies of which were duly served upon the parties. The Board has. considered the Election Report, the Ob- jections to the Conduct of the Ballot filed by, the Company, and the Report on Objections, and finds that the objections filed by the Com- pany do not present substantial or .material issues with respect to the' conduct of the ballot or election report. On October 1, 1941, the Amalgamated filed a motion for run-off election and requested that' only the. names of the Amalgamated and the P. W. O. C. appear on the ballot. Although none of the ' competing labor organizations re- ceived a majority of the votes cast, the results of the election show that a substantial majority of the employees desire collective bar- gaining through an exclusive representative: Accordingly, the Board Kill direct a run-off election. However, in accordance with our usual, practice we shall direct arun-off election in which the eligible employ- ees will be given an opportunity to decide whether they desire to be represented by the Amalgamated, the P. W. O. C., or the S.,E. A., for the purposes of collective bargaining. SECOND- 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, Sections. 8 and '9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DI itcTED that, as part of the investigation authorized by the Board to determine representatives for purposes of collective bargaining 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 Second Direction of Election, under the di- SWIFT & COMPANY 403 rection and supervision of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regula- tions among the employees described in the Direction of Election issued September 5,.1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by Amalgamated Meat Cutters & Butcher Workmen of North America, A. F. of L., Packing House Workers Organizing Committee, Local. Union No. 41, C. I. 0., or Swift Employees Association, for ,purposes of collective bargaining.