Armour and Co.

National Labor Relations Board - Board Decisions

Nov 23, 1943

53 N.L.R.B. 821 (N.L.R.B. 1943)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL 112, C. I. O.
Case No. 2-R-41280.-Decided November °23,1943
Mr. Vincent M. Rotolo, for the Board.
Mr. Peter F. Curran, of New York City, for the Company.
Mr. Ray Hobbs, of New York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION*
STATEMENT OF THE CASE
Upon petition duly filed by United Packinghouse Workers of Amer-
ica, Local 112, C. 1. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of 'em-
ployees of Armour and Company, Jersey City, New Jersey, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before William F. Guffey, Jr.,
Trial Examiner. Said hearing was held at Jersey City,- New Jersey,
on November 8, 1943. The Board, the Company, and the Union
appeared, participated, and 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 hear-
ing 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 a Delaware corporation with its principal
office at Chicago, Illinois. We are here concerned with its plants at
Jersey City, New Jersey. During the 6-month period ending October
31, 1943, the Company received over 25,000,000 pounds of live animals
and supplies at its Jersey City slaughtering plant, about 90 percent of
53 N. L. R. B., No. 151.
821
822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which was shipped to it from outside the State of New Jersey. During
the same period the Company shipped over 25,000,000 pounds of prod-
ucts from its Jersey City slaughtering plant, 5 percent of which was
shipped to points outside the State of New Jersey. The Company
admits that it is engaged in, commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, Local 112, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During September 1943 the Union requested the Company to recog-
nize it as exclusive collective bargaining representative of the truck
drivers at Jersey City..- The Company refused this . request.
A statement of the Trial Examiner , introduced into evidence in-
dicates that the Union represents a substantial number of employees in
the unit hereinafter found to be 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 Union urges that all truck drivers of the Company at Jersey
City, excluding all other employees, constitute an appropriate unit.
The Company took no position with respect to the unit.
The - Company has two truck drivers who spend all of their time
delivering merchandise to customers of the Company and a third truck
driver who drives a trailer to transport gDods between the Company's
two Jersey City plants. In addition, the Union would include Russo
in the unit. It appears that Russo is regularly employed as a laborer
in a, shipping department but on occasion relieves the two afore-
mentioned truck drivers. Russo spends between 10 to 15 percent of
his time performing relief truck driving. He is carried on the shipping
department pay roll and works under the direct supervision of the
shipping clerk. The Company construes the contract between the
parties covering production and maintenance employees as including
Russo. We accordingly, find that Russo should be excluded from the
unit. The record indicates that the remaining three employees con-
stitute a homogeneous group.
1 The Trial Examiner reported that the Union submitted three membership application
cards bearing apparently genuine signatures of persons whose navies appear on the November
8, 1943, pay roll of the Company . There are three employees in the appropriate unit.
ARMOUR AND COMPANY 823
. We find that the truck drivers employed by the Company at Jersey
City, excluding Russo, salesmen-drivers, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning 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 means of an election by secret ballot among
the 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.
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 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 and Com-
pany, Jersey City, New Jersey, 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 Second Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate 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
any who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by United Packinghouse
Workers of America, Local 112, C. I. 0;, for the purpose of collective
bargaining.