49 N.L.R.B. 1208 (N.L.R.B. 1943)

Armour and Co.

National Labor Relations Board - Board DecisionsMay 27, 1943

49 N.L.R.B. 1208 (N.L.R.B. 1943)

In the Matter of AR-IoUR k- ND COMPANY and PACK ISCI[OUSE IVORKERS ORGANIZING COMMITTEE , LOCAL UNION # 8, AFFILIATED WITH THE CONGRESS Or INDUSTRIAL ORGANIZATIONS Case No. R-;281.Decided May ?7, 1943 Mr. Marcus Whiting, of Chicago, Ill., for the Company. Messrs. E. R. Fitzpatrick and Charles N. Waltrip, of Omaha, Nebr., for the 1'. W. O. C. Mr. George O'Brien, of Hazelcrest , Ill., for the Brotherhood. Miss Viola lames. of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Packinghouse W Torkers Organizing Com- mittee, Local Union #8, affiliated ^^ith the Congress of Industrial Organizations, herein called the P. W. O. C., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Armour ind Company, Omaha, Nebraskat, herein called the Company, the National Labor Relations Board provided for an zippropriate hearing upon due notice before John A. Weiss, Trial Examiner. Said hearing was held at Omaha, Nebraska, on May 4, 1943. The Company, the P. W. O. C., and Brotherhood of Railway Carmen of America, herein called the Brotherhood, appeared and participated. All parties were afforded full opportunity to be heard, to'examine 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 aiid are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Armourand Company, an Illinois corporation, is engaged at its Omaha, Nebraska, plant in the slaughtering, processing, and packing 49 N. L. R.B,No 178 G 1208 â€¢j - - ARMOUR AND COMPANY 1209 of livestock products. Approximately 50 percent of, the products used at the Omaha plant is purchased and shipped to the plant from points outside the State of Nebraska. Approximately 75 percent of the plant's products is transported and distributed from points outside the State of Nebraska. The Company also owns and operates a refrig- erator car. repair shop in Omaha where repairs are made on the cars which are used to ship the products of the Omaha plant. The car shop maintenance employees are the employees involved herein. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Packinghouse Workers Organizing Committee, Local Union #8, affiliated with the Congress of Industrial Organizations, and Brother- hood of Railway Carmen of America are labor organizations, each admitting 'to membership employees of the Company. III. THE QUESTION CONCERNING REPRESFNTATION r On February 9, 1943, the P. W. O. C. notified the Company that it represented a majority of the Company's maintenance employees in the car shop and requested recognition as the exclusive collective bargaining representative of such employees. On February 12, 1943, the Company advised the P. W. O. C. that it would not grant the request unless and until the P. W. O. C. was certified by the Board. The record reveals that the P. W. O. C. and the Brotherhood each represents a substantial number of the car shop maintenance em- ployees.) 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. IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES The P; W. O. C. seeks.to include the car shop maintenance employees in a large unit of the packinghouse production and maintenance em- ployees for whom the P. W. O. C. has previously been certified as the bargaining agent.2 The Brotherhood desires to establish the car shop ' The Field Examiner reported that the P. W 0 C submitted 17 membership and authori- zation cards ( 1 undated and 16 dated February, 1943 ), all bearing apparently genuine original signatures , of which 16 were the names of employees on the Company ' s pay roll of February 25, 194,, huh listed 28 persons in the appiopriate unit, excluding supervisory em plo3 ees. At the hearing the Trial Examiner reported that the Brotherhood submitted 13 authori- zation cards dated May 3, 1943, all bearing apparently genuine, original signatures, and that all the cards bore the navies of persons on the Companv 's pay roll of May 1, 1943. 'For the determination of the unit, see Matter of Armour and Company and United Pacl.rnq House Workers Industrial Union Local 153, affiliated with C. 1. 0., et at., 14 N. L. R B. 682 For the certification of the P. W. 0 C , see 15 N,L. R. B 827. 1210 DECISIONS OF NATIONAL LABOR REILATIOT\-,S' BOARD I maintenance employees as a separate unit. The Company takes no position. The car shops are located some 8 or 10 blocks from the packinghouse. The maintenance employees in the shops; classified variously as ma- chinists, welders; brake repairmen, oilers, carpenters, car scrubbers, and laborers, make repairs on both the running gear and superstructure of the Company's refrigerator cars, after which practically all of the cars are moved to 'theâ€¢packinghouse docks for loading. With respect'to the type of'work performed; apparently the duties of the car shop mainte- nance employees are not closely related to those of the packinghouse employees. On the other hand, the shop employees are hired through the personnel manager in the main office at the packinghouse, and, like the packinghouse employees, ,they, are paid on an hourly basis. Per- sonnel, policies are' generally the -same withtrespect to both; groups. In view, of the foregoing facts,, we are of the opinion that the desires of the employees, may best determine whether they should be included in the large unit, or whether they shall be established as a separate unit. The parties agreed to exclude the superintendent and his assistant, the general foreman, and the car inspector as supervisory employees. We find that these supervisory employees should be excluded. The 'parties also agreed to exclude five policemen or watchmen 'who are on the shop pay roll but who, perform no repairs ion the cars. They have-been swgrn in as deputy sheriffs and are employed solely to guard the premises. We find that the policemen or watchmen should -be excluded. ' ' 'We find that,the car shop maintenance employees of the Company, excluding' the superintendent and his assistant, the general- foreman, the car inspector, and the policemen or watchmen, may appropriately `be included in, a large unit of packinghouse employees or they may properly ' constitute a separate unit: If ' these' employees â€¢ select the P. W. O. C., they will thereby ' have indicated their â€¢ desire to be in- cluded within the large unit; if they select the'Brotherhood, they will constitute a separate unit. We shall accordingly direct that the ques- tion concerning representation which has, arisen be resolved by, an -election by secret ballot subject to the limitations ,and, additions set ,forth in the Direction. ' , ' s 4 , 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series'2, as amended, it is hereby Dnnc'rm,that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Armour and Com- t ARMOUR AND COMPANY 1211 piny, Omaha, Nebraska, 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 Seventeenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tion 10,â€¢of said Rules and Regulations, among the car shop maintenance employees 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 including employees in the armed forces of the United States who,present themselves in person at the polls, but excluding the superintendent and his assistant, the general foreman, the car inspector, and the policemen or watchmen, and excluding any employees who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by Packinghouse Workers Organizing Committee, Local Union $,8, affiliated with the Congress of Industrial Organizations, or by Brotherhood of Railway Carmen of America, for the purposes of. collective 'bargaining, or by neither. 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