Armour and Co.

National Labor Relations Board - Board Decisions

Jun 9, 1941

32 N.L.R.B. 422 (N.L.R.B. 1941)

In the Matter of ARMOUR AND COMPANY and UNITED CONDENSERY
WORKERS OF UNITED CANNERY, AGRICULTURAL PACKING & ALLIED
WORKERS OF AMERICA, LOCAL 24 (CIO)
Case No. R-.515.Decided June 9, 1941
Jurisdiction : dairy products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; seasonal employees who were in the employ
of the Company during past "flush season" held eligible to vote; election
necessary.
Unit Appropriate for Collective Bargaining : all employees at the Company's
Bloomer, Wisconsin condensery, including truck drivers, shipping clerks,
chemists or testers, and the senior coal handler, but excluding office help and
the cashier, supervisory employees, contract haulers, the junior coal handler,
field men, and the employees at the Downing plant
Mr. Paul E. Blanchard, of Chicago, Ill., and Mr. W. D. Helton, of
Bloomer, Wis., for the Company.
Mr. John A. Stephenson, of Bloomer, Wis., Mr. Harold E. House,
of Eau Claire, Wis., and Mr. Leonard Berg, of Eau Claire, Wis., for
Local 24.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 18 and April 24, 1941, United Condensery Workers of
United Cannery, Agricultural Packing & Allied Workers of America,
Local 24 (CIO), herein called Local 24, filed with the Regional Direc-
tor for the Twelfth Region (Milwaukee, Wisconsin) a petition and
amended petition, respectively, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Armour and Company, Bloomer, Wisconsin, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On April 18, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
32 N. L. R. B, No. 85.
422
ARMOUR & COMPAl\"Y 423
Section 9 (c) of the Act and Article III, Section 3,. of the 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.
On April 21, 1941, and on April 24, 1941, the Regional, Director
issued a notice of hearing and an amended notice of hearing, respec-
tively, copies of which were duly served upon the Company and
upon Local 24. Pursuant to notice, a hearing was held on April
29,1941, at Bloomer, Wisconsin, before Frederick P. Mett, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and Local 24 were represented and participated in the,hearing.
Full opportunity 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 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 ease,' the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour and Company, a Delaware corporation, is a subsidiary of
Armour & Company,. an Illinois corporation. It is engaged at its
Bloomer, Wisconsin, condensery, here involved, in,the production - of
evaporated milk valued annually at $2,500,000,,98 per cent of which
is shipped to points outside of the State of Wisconsin. The Company
also produces a small amount of butter for local consumption: All
the principal raw materials used by the Company, consisting of milk
and cream, are obtained in the State of Wisconsin. Boxes, solder,
and labels used by the Company at its Bloomer plant are obtained
from sources outside the State of Wisconsin.(
II. THE ORGANIZATION INVOLVED
United Condensery Workers of United Cannery, Agricultural Pack-
ing & Allied Workers of America, Local 24 (CIO), is a labor,or-
ganization, affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company at its Bloomer
condensery.
III. THE QUESTION CONCERNING REPRESENTATION
On March 19, 1941, Local 24 requested recognition as exclusive bar-
gaining agent for all the employees of the Company at the'Bloomer,
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Wisconsin, plant. The Company refused such recognition on the
ground that an election held by the Board on August 8, 1940, showed
that Local 24 did not represent a majority of the employees at the
Bloomer, Wisconsin, plant 1 and that Local 24 had presented no
definite proof of a majority representation since that time. '.
A report prepared by the Regional Director concerning claims of
authorizations for the purpose of representation which was intro-
duced in evidence at the hearing shows that Local 24 represents a
substantial number of the employees within the unit hereinafter found
to be appropriate.2
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
With certain exceptions discussed below, Local 24 and the Coin-
pany agree that the unit appropriate for the purposes of collective
bargaining should consist of all the employees on the Company's
Bloomer, Wisconsin, pay roll, including truck drivers, but' excluding
office help and the cashier, supervisory employees, the junior coal
handler,3 contract haulers and field men. Local 24 and the Company
disagree upon the inclusion of the chemists, the senior coal handler,
and the shipping clerks. Local 24 desires to exclude them; the
Company wishes to include them.
On July 2, 1940, the Board issued a Decision and Direction of
Election 4 finding 'that "all the employees of the Company at its
'Matter of Armour and Company and United Condensery Workers of United Cannery,
Agiicaltural I'acl., ing cf Allied 'Porkers of 'Inletica, Local 2/a (CIO ), 25 N. L R. B 739,
and Supplemental Decision and Order , 27 N. L R. B 56 , dismissing Local 24 ' s petition
2 The Regional Director reported that Local 24 submitted 37 application for memliership
cards , dated from February 12 to March 21, 1941, inclusive , all bearing apparently genuine
original signatures of persons whose names appear on the Company 's pay roll of March
27, 1941 At the hearing , a witness for Local 24 testified that it had obtained a total of
44 signed applications of persons listed on the Company 's April 19, 1941 , pay roll. The
Company's April 19, 1941, pay roll contained the names of 78 persons in the unit herein-
after found to be appropriate
3 Local 24 and the Company agree that the junior coal handler works only intermittently
for the Company.
' See footnote 1.
ARMOUR & COMPANY 425
Bloomer condensery, excluding the superintendent, foremen, office
employees, and field men, constitute a unit appropriate for the pur-
poses of collective bargaining." Thereafter, an election was held in
such unit. The shipping clerks, chemists, and senior coal handler
voted in the election. Employees at the Company's Downing plant
did not vote in the election. Local 24 did not object to the inclusion
of the shipping clerks, chemists, and senior coal handler at that time.
There is nothing in the record to show that the nature of the Com-
pany's operations has materially changed. We are of the opinion
that the unit found to be appropriate for purposes of collective bar-
gaining by the Board in the previous case should not be altered at
this time. Under the circumstances, we shall include the shipping
clerks, chemists and senior coal handler in the unit, and exclude the
employees at the Downing plant.
We find that all the employees at the Bloomer, Wisconsin, con-
densery, including truck drivers, shipping clerks, chemists or testers,
and the senior coal handler, but excluding office help and the cashier,
supervisory employees, contract haulers, the junior coal handler, field
men, and the employees at the Downing plant, constitute a unit ap-
propriate 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 otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the represen-
t ition of the employees of the Company can best be resolved by an
election by secret ballot.
The Company's business is seasonal in nature. The number of
persons employed varies from 50 regular employees who work
throughout the year to approximately 95 in peak ' seasons. With
respect to the regularity of their employment, the employees fall
within four groups: (1) approximately 50 regular employees who
work throughout the year; (2) 15 or 16 employees who work steadily
except for about 10 days or 2 weeks each year; (3) a group of em-
ployees who work from 4 to 6 months a year; and (4) seasonal em-
ployees hired "just during the flush season" who work about 3 or 4
months out of every year. This "flush season" ordinarily occurs
between May and August.
Local 24 contends that employees in the fourth group should be
ineligible to vote. The Company contends that all employees, includ-
ing those who have been hired seasonally for 2 or more years, should
be eligible to vote in the election. We shall direct that those eligible
to vote in' the election shall be those regular employees within the
426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate unit who were employed by the Company at Bloomer,
Wisconsin, during the pay-roll period immediately preceding the date
of the Direction herein, and those seasonal employees within the
appropriate unit who were employed during such pay-roll period and
who were also in the employ of the Company within the appropriate
unit during the "flush" season of 1940, 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 rep-
resentation of employees of Armour and Company, Bloomer, Wiscon-
sin, within the meaning of Section 9 (c) and Section 2 ( 6) and (7)
of the Act.
2. All the employees at the Bloomer, Wisconsin ; condensery, in-
cluding truck drivers, shipping clerks , chemists or testers, and the
senior coal handler, but excluding office help and the cashier, super-
visory employees , contract haulers, the junior coal handler, field men,
and the employees at the Downing plant , constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act. ' I `
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 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 purposes of collective
bargaining with Armour and Company, Bloomer, Wisconsin, 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 of
Electionunder the direction and supervision of the Regional Direc-
tor for the Twelfth 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 regular employees at the
Bloomer, Wisconsin, condensery, who were employed by the Com '
pany during the pay-roll period immediately preceding the date of
this Direction, and those seasonal employees within the appropriate
unit who were employed during such pay-roll period and who were
also ' in' the employ of the Company within the, appropriate unit 'at
ARMOUR & COMPANY 427
any time during the "flush" season of 1940, including truck drivers,
shipping clerks, chemists or testers, and the senior coal handler, 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 office
help and the cashier, supervisory employees, contract haulers, the
junior coal handler, field men, the employees at the Downing plant,
and those who have since quit or been discharged, for cause, to deter-
mine whether or not they desire to be represented for the purposes
of collective bargaining by United Condensery Workers of United
Cannery, Agriculture Packing & Allied Workers of America,, Local
24 (CIO).