Abraham Brothers Packing Co.

National Labor Relations Board - Board Decisions

Mar 5, 1943

47 N.L.R.B. 1338 (N.L.R.B. 1943)

In,.the Matter of, ABRAHAM BROTHERS PACKING Co. and UNITED CAN-
NERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF AMERICA,
LOCAL 19, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-4875.-Decided March, 5, 191;3
Jurisdiction : meat packing industry
Investigation and Certification of Representatives : existence of question : rec-
ognition refused without certification of the Board ; election necessary.
Unit Appropriate for Collective Bargaining : unit confined to all production and
maintenance employees, including watchmen but excluding clerical and super-
visory employees, at one of company's two plants held appropriate at present
time.
Mr. Newell N. Fowler, of Memphis, Tenn., for the Company.
Mr. A. J. Marcus and Mr.-Jacob Clady; both of"Memphis, Tenn., for
the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Cannery, Agricultural, Packing
and Allied Workers of America, Local 19, affiliated with the Congress
of Industrial Organizations, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Abraham Brothers Packing Co., Memphis, Tennessee,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before' J. Michael
Early, Trial Examiner. Said hearing'was held at Memphis, Ten-
nessee, on February 10, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
47N.L R B, No 172.
1338
ABRAHAM BROTHERS PACKING Co. - 1339
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Abraham Brothers Packing Co., a Tennessee corporation, has its
principal, office and place of business in Memphis, Tennessee, where it
is engaged in the slaughtering of livestock and the processing, sale,
and distribution of meat and meat products. The Company has two
plants separated by a distance of about 5 miles, known as the Holly-
wood plant and the Dudley plant. We are here primarily, concerned
with the Hollywood plant. During the year 1942, 68 percent of the
,finished meat products of the Company was sold and delivered to
points outside the, State of Tennessee. The Company admits that it
Is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Ctinnery, Agricultural, Packing and Allied Workers of
America, Local 19, is a labor organization affiliated with the Congress
of Industrial Organizations, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the present petition, the Union notified
the Company that it represented a majority of the employees in its
Hollywood plant and requested that the Company bargain collectively.
The Company declined to bargain with the Union until certified by,
the Board. S
A statement of the Regional .Director, -introduced in evidence at
the hearing, and a statement of the Trial Examiner, indicate that the
Union represents a substantial number of employees in the unit here-
inafter found appropriate.'
We find that a question affecting' commerce has arisen concerning
the representation of employees 'of the Company, within the meaning
of Section 9 (c)- and Section 2 (6) and (7) of the Act.
1 The Regional Director reported that the Union had submitted 103 signed member-
ship cards , all dated between September 1 and November 11, 1942 ; that of these cards,
all of which bore apparently genuine signatures , 94 bore the names of persons whose
names are on the Company's pay roll of December ].;, 1942, containing 228 names of
employees at the Hollywood plant, including supervisory and clerical employees. In
addition to the statement of the Regional Director , the Trial Examiner reported that the
Union had submitted to him 20 signed membership cards, all dated between November
1942 and- February, 1943 , of which 12 • contained • the apparently genuine original signatures
of persons on the Company 's. Hollywood plant pay roll of December 13, 1942'
1340 DECISION' OF,NNATIONAL LABOR RELATIONS BOARD
DIV. THE APPROPRIATE, UNIT
The Union contends that the appropriate unit should consist of all
production and maintenance employees including watchmen but ex-
eluding clerical and supervisory employees,, employed at the Com-
pany's Hollywood plant. The Company does not dispute the classi-
fications sought to be included or excluded by the Union, but contends
that the appropriate unit should be company-wide and cover both the
Hollywood and the Dudley Street plants. of the Company.
While there ' is some flow of products between the two plants, a
number of operations, such ^ as .slaughtering, rendering, hide curing,
and bulk shipping are carried on only at the' Hollywood plant; some
specialties are handled independently at the Dudley plant. Each
plant is under the direction of a superintendent with authority to hire
and discharge, and separate pay rolls are maintained: Employees are
interchanged between the, two plants on] y infrequently as. a,,, result of
promotions or because of emergencies. There is no history of collec-
tive bargaining upon a two-plant basis. The Union, which is the only
labor organization involved, has confined its organizational efforts, to
the Hollywood plant. Under these circumstances, we find that a unit
confined to the Hollywood' plant is appropriate at the present time.
Our finding in this respect, however, does not preclude a later deter-
mination that a two-plant unit is appropriate when organization has
extended to both plants.2
We find that all production and maintenance employees including
watchmen employed at the Company's Hollywood plant, but exclud-
ing clerical and supervisory employees, constitute a unit appropriate
for the pul;poses'of7`collective bargaining within'the meaningaof -Sec-
tion 9 (b) of the Act.
V. THE DETERILINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 addition's set forth in the
Direction.
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
See Matter of Mills-Novelty , Company and Independent..Bmployees Association, 46
N. L. R. B. 1207; Matter of `John Deere Harvester Works of , Deere & Company and
International Union, United Automobile, Aircraft & Agricultural Implement Workers of
America, C. I. 0., 44 N. L. R. B . 335; Matter of Maw Pollack & Company, Inc. and Textile
Workers Union of America , C. 1 C., 38 N . L. R B 966.
ABRAHAM BROTHERS PACKING CO. 1341'
Act, and pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and -Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as,part of the=investigation-to ascertain representaI-
Lives for the purposes of collective bargaining with Abraham Brothers
71
Packing Co., Memphis, Tennessee, 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 direction and supervision
of the Regional Director, for the Fifteenth Region, acting in this matter
as agent for-the National Labor-Relations Board and subject •to.Ar-
Licle III,_Section.10, of said Rules and Regulations, among' the em'
ployees in the unit found alipropriate in'Section IV; above,' who were
employed during the pay-roll period' immediately preceding the date
of this Direction, including employees who did not work during. said
pay-roll period because they were ill or on vacation or temporarily
laid off, and inchidi ig ,employees in the armed' forces of the United
States who present themselves in person'at the polls, but excluding
employees who have since quit ,or been discharged.for, cause; to 'de-
termine whether or not they desire to be represented by United Can-
'nery, Agricultural, Packing and Allied- Workers of America, Local 19,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.
I