The Cudahy Packing Co.

In the Matter of THE CUDAHY PACKING COMPANY and UNITED PACKING HOUSE WORKERS OF AMERICA, LOCAL 159 (C. I. 0.) and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL 537, A. F. OF L. - Case No. RE-33.-Decided November ^?9, 1941 Jurisdiction : meat packing industry Investigation and Certification of Representatives : existence of question : re- fusal of Company to recognize either of two rival unions until certified by the Board, election necessary. Unit . Appropriate for Collective Bargaining : all employees in the Company's plant, including , assistant foremen.but excludiing foremen, livestock pur-' chasers, office personnel, salesmen, and watchmen. Mr. L. H. Callister, of Salt Lake City, Utah, for the Company. Mr. Samuel Sponseller, of Chicago, Ill., for the United. Mr. Clarence Beck, of Salt Lake City, Utah, for the Amalga- mated. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 15, 1941, The Cudahy Packing Company, North Salt Lake, Utah, herein called the Company, filed with the Regional Direc- tor for the Twenty-second Region (Denver, Colorado) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of the Company and requesting an in- vestigation and certification of representatives pursuant to Section '9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 4, 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 and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 37N.L R B, No IS 139 140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On November 5, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, and upon United Packing House Workers of America, Local 159, C. I. O., herein called the United, and Amalgamated Meat Cutters and Butcher Workmen of North America, Local 537, A. F. of L., herein called the Amalgamated , labor organizations claiming to represent employees directly affected by the investigation . Pursuant to notice, a hearing was held on November 12, 1941, at Salt Lake City, Utah, before Paul Kuelthau, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the United, and the Amal- gamated were represented and participated in the hearing. Full op- portunity 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 these rulings 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. TILE BUSINESS OF THE COMPANY The Cudahy Packing Company, a Maine corporation , is engaged in the purchase and slaughter of livestock and the processing and the marketing of the products therefrom. It operates a plant at North Salt Lake, Utah, with which we are here concerned. During 1940 the Company shipped products from its North Salt Lake plant valued at $4,300,000, approximately 32 per cent of which were shipped by it to points outside the State of Utah. The Company purchases approximately 10 per cent of the products used at the North Salt Lake plant from points outside the State of Utah. II. THE ORGANIZATIONS INVOLVED United Packing House Workers of America, Local 159, is a labor organization affiliated with the Congress of Industrial Organiza- tions. It admits to membership employees at the North Salt Lake plant of the Company. Amalgamated Meat Cutters and Butcher Workmen of North Amer- ica, Local 537, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees at the 'North Salt Lake plant of the Company. THE CUDAHY PACKING COMPANY III. THE QUESTION CONCERNING REPRESENTATION 141 On September 19 and October 9, 1941, respectively, the United and the Amalgamated requested the Company to recognize them as the exclusive representatives of the employees at the North, Salt Lake plant. The Company denied these requests until such times as one or the other was certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, shows that the Amalgamated and the United each represents a substantial num- ber of employees in the alleged appropriate unit.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCR We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section 1 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 The Amalgamated' and the United urge that all employees at the North Salt Lake plant of the Company, including assistant foremen, but excluding foremen, livestock purchasers, office personnel, and sales- men, constitute an appropriate unit. The Company stated that it had no objection to this unit. The only controversy with respect to the unit concerns watchmen. The United urges that watchmen employed by the Company be excluded from the unit and the Amalgamated that they be included. The Company took no position with respect to these employees. They punch time clocks throughout the Company's North Salt Lake plant and keep temperature charts for the smoke ovens. They are depu- tized by the local county sheriff. Under these circumstances, we shall exclude the watchmen from the unit. We find that all employees at the North Salt Lake plant of the Company, including assistant foremen, but excluding foremen, live- stock purchasers, office personnel, salesmen, and watchmen, constitute ' The Regional Director reported that the United presented 132 membership application cards bearing the names of persons who appear on the Company's pay roll of September 20, 1941 . He further reported that the Amalgamated presented 76 membership application cards bearing the names of persons who appear on the Company's pay roll of September 20, 1941 • There are approximately 166 employees on this pay roll. 142, DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 other-- wise, will 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 the holding of an election by secret ballot. The Amalgamated and the United urged that the Company's pay roll of September 20, 1941, be used to determine eligibility to vote. It appears that shortly after this pay roll the Company laid off about 71 employees because of a boycott placed on its products by the Amalgamated. The Company stated that it intended to reemploy all the laid-off employees and that it was its policy always to recall laid-off employees before hiring new persons. In accordance with our usual custom, we shall direct that those eligible to vote in the election shall= be employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction: Thus, employees laid off after September 20, 1941, will be 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 : Co*cI usIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Cudahy Packing Company, North Salt Lake, Utah, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees at the North • Salt Lake plant of the Company, including assistant foremen, but excluding foremen, livestock pur- chasers, office personnel,, salesmen, and watchmen, 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 ByI virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 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,purpose of, collective bargaining THE CUDAHY PACKING COMPANY 143 with The Cudahy Packing Company, North Salt Lake, Utah, an elec- tion by secret ballot shall be conducted as soon 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 Twenty- second 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, among all production and maintenance employees at the North Salt Lake plant of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including assistant foremen and 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 foremen, office employees, watch- men, salesmen, livestock purchasers, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Packing House Workers of America, Local 159, affiliated with the Congress of Industrial Organizations, or-by Amalgamated Meat Cutters 'and Butcher Workmen of North America, Local 537, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. In the Matter of THE CUDAHY PACKING COMPANY and UNITED PACKING HOUSE WORKERS OF AMERICA,'Loc.u, 159 (C. I. 0.) and AMALGAM- ATED MEAT CUTTERS A_ _ND BUTCHER ' WORKMEN OF NORTH AMERICA, LOCAL 637, A. F. OF L. Case No. RE-33 CERTIFICATION OF REPRESENTATIVES December 31. 1941 On November 29, 1941, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceed- ings.' Pursuant to the Directi n of Election, an election by secret ballot was conducted on December 10, 1941, under the direction and supervision of the Regional Director for the Twenty-Second Region (Denver, Colorado).. On December` 12, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions 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 oS the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number on eligibility list______________________________ 163 Total number of ballots cast --------- ---------------- ------- 122 Total number of ballots challenged-- 1 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of valid votes courted-- ___ 121 Total number of votes cast for United Packing House Workers of America, Local 159 (C I 0 )_________________________ 86 Total number of votes cast for Amalgamated Meat Cutters and Butcher Workmen of North America, Local 537, A F. of L__ 41 Total number of votes cast for neither of these organizations-- 0 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, 137 N L. It. B, No 18 37 N. L. R. B., No. 18a. 144 THE CUDAHY PACKING COMPANY 145 of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Packing House Workers of America, Local 159. affiliated with the Congress of Industrial Organ- izations, has been designated and, selected by a majority of all pro- duction and maintenance employees at the North Salt Lake plant of The Cudahy Packing Company, including assistant foremen, but excluding foremen, office employees, watchmen, salesmen, and live stock purchasers, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Packing, House Workers of 'Ameiica', Local 159, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the,purposes of collective bargaining in re- spect to rates of pay, wages, hours of employment, and other conditions of employment.