Armour and Co.

National Labor Relations Board - Board Decisions

Nov 23, 1943

53 N.L.R.B. 834 (N.L.R.B. 1943)

In the Matter of ARMOUR FERTILIZER WORKS , DIVISION OF ARMOUR AND
COMPANY and FLORIDA CITRUS & ALLIED WORKERS UNION, LOCAL
No. 4A, UCAPAWA, CIO
Case No.10-R-1027.Decided November 23, 1943
Messrs . Charles J. Regero and E. C. Johnson, of Jacksonville, Fla.,
for the Company.
Miss Anne Mathews , of Jacksonville , Fla., for the Union.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
Upon petition duly filed by Florida Citrus & Allied - Workers Union,
Local No. 4A , UCAPAWA, CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Armour Fertilizer Works, Division of
Armour and Company, Jacksonville , Florida, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Erwin C . Catts, Trial Examiner.
Said hearing was held at Jacksonville , Florida, on October 15, 1943.
The Company and the Union appeared , participated , and were
afforded `full opportunity to be heard, to examine and 'cross -examine
witnesses , and to infroduce evidence bearing on the issues . The Trial
Examiner 's rulings made at the hearing are free from prejudicial error
and are hereby affirmed . All parties were afforded opportunity to
file briefs with the Board.
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour and Company is an Illinois corporation, with a principal
office in Atlanta, Georgia. It is engaged, among other activities, in the
operation of a complete fertilizer plant at Jacksonville, Florida. There
53 N. L. R. B., No. 155.
834
ARMOUR FERTILIZER WORKS 835
was shipped to- the plant during the fiscal year ending July 1, 1943,
approximately 71,000 tons of fertilizer materials , 27,000 tons of which
were shipped from points outside the State of Florida . During the
same period approximately 94,500 tons of commercial fertilizers and
bulk superphosphate were shipped from the plant ; of this 4.4 percent
was shipped to points outside the State of Florida.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Florida Citrus & Allied Workers Union, Local No. 4A, United
Cannery, Agricultural, Packing, and Allied Workers of America is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 20, 1943, the Union, claiming to represent
a majority, requested the Company to recognize it as the exclusive
bargaining agent for the production and maintenance employees at
its plant. The Company refused to accord the Union such recogxli-
tion, pending certification by the Board.
A statement of the Field Examiner introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees within the unit hereinafter 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.
IV. THE APPROPRIATE UNIT
The Company and the Union are substantially agreed upon an ap-
propriate unit consisting of production and maintenance workers.
The only question is as to the two helpers and one sampler attached to
the chemical laboratory. The helpers and the sampler, respectively,
are supervised by a chemist, who performs analyses in the laboratory,
and a "chemical control man" who works in the production area of the
plant. The Company maintains that these three employees should
be excluded from the unit, since the laboratory is not essential to pro-
duction and maintenance. The Union contends, however, that they
should be included in the unit since their work is closely associated
with production. The helpers spend most of their time in the lab-
'The Field Examiner reported that the Union submitted 57 application-for-membership
cards, of which 49 bear apparently genuine original signatures corresponding with the
names on the Company's pay roll of September 80, 1943, which pay roll contains the names
of 94 persons in the appropriate unit. Ten of the cards are undated , and 89 are dated
in September, 1943.
836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
oratory preparing samples for tests, assisting in the routine testing
and when necessary going into the yard to obtain samples. The
sampler's work is similar; he spends a part of his time outside the
laboratory, securing samples of the incoming raw materials and of the
outgoing finished product. He takes these to the laboratory and in
some cases prepares them for testing. He does not assist in testing.
If not busy otherwise, he spends up to 5 percent of his time in the slack
season in ordinary production work. It is the Company's policy to
employ as helpers and samplers only high school graduates who can
read and write well. However, the samplers are paid when first em-
ployed, the same wages as common laborers. , Since these employees
are not professional employees, we see no reason to exclude them from
the unit.'
In accordance with the foregoing and the agreement of the parties,
we find that all production and maintenance employees of the Com-
pany at the plant, including the helpers and the sampler in the chemi-
cal laboratory, but excluding clerical workers, watchmen, foremen, and
all other supervisory employees with authority to hire, promote, dis-
Ich'arge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By vrtue 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 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour Fertilizer
Works, Division of Armour and Company, Jacksonville, Florida, 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
2 Matter of Brown Company, 31 N. L. R. B . 303, 310 ; Matter of Silverstein & Pinsof, Inc,
40 X. L . R. B. 638, 641.
ARMOUR FERTILIZER WORKS 837
the direction and supervision of the Regional Director for the Tenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found ap-
propriate 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 including employees
in the armed forces of the United States who present themselves in
person at the polls, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election to determine whether or not they
desire to be represented by Florida Citrus & Allied Workers Union,
Local No. 4A, United Cannery, Agricultural, Packing and Allied
Workers of America affiliated with the Congress of Industrial Organi-
zations, for the purposes of collective bargaining.