Armour and Co.

National Labor Relations Board - Board Decisions

Oct 21, 1944

58 N.L.R.B. 1264 (N.L.R.B. 1944)

In the Matter of UPCHURCH PACKING COMPANY, DIVISION OF ARMOUR
AND COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA,
(C. I. 0.)
- Case No. 10-R-1269.-Decided October 21, 1944
Mr. J. C. Moore, of Chicago, Ill., and Mr. Von Kimsey, of Atlanta,
Ga., for the Company.
Mr. G. R. Hathaway, of Atlanta, Ga., for the U. P. W. A.
Messrs. Wilson W. Rowland and I. P. Reagan, pf Atlanta, Ga., for
the A. F. L.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, herein called the U. P. W. A., alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Upchurch Packing Company, Division of Armour and
Company,' Atlanta, Georgia, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before T. Lowry Whittaker, Trial Examiner. Said -hearing
was held at Atlanta, Georgia, on September 18, 1944. The Company,
the U. P. W. A., Amalgamated Meatcutters and Butcher Workmen of
North America, Local 442, A. F. L., herein called the A. F. L., ap-
peared 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 and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
i At the hearing, the parties agreed to amend the petition and all other formal papers
in this proceeding so that the name of the Company would read "Upchurch Packing
Company, Division of Armour and Company "
58 N. L. R. B., No. 230.
1264
UPCHURCH PACKING COMPANY 1265
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour and Company, an Illinois corporation, is engaged in vari-
ous parts of the United States in the processing and packing of meats.
Under the trade name of Upchurch Packing Company, Division of
Armour and Company, it operates a meat packinghouse at Atlanta,
Georgia, which is the sole plant involved in this proceeding. The
Company purchases monthly for its packinghouse in Atlanta,
Georgia, approximately 1,700,100 pounds of cattle, hogs, and sheep,
of which 75 percent originates from points outside the State of
Georgia. The,Company ships all of its finished products from its
packinghouse in Atlanta, Georgia, to points within the State, except
for a monthly shipment of 60,000 pounds of tallow and grease to
points outside the State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Packinghouse Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
Amalgamated Meatcutters & Butcher Workmen of North America,
Local 442, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 25, 1944, the U. P. W. A. advised the Company that it
represented a majority of the. Company's employees at the packing-
house in Atlanta, Georgia, and wished to be recognized as the exclu-
sive bargaining representative of such employees. On August 3,
1944, the Company replied that it would not recognize the U. P. W. A.
until certified by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the U. P. W. A. represents a
substantial number of employees in the unit hereinafter found
appropriate .2
2 The Field Examiner reported that the U P W. A submitted 81 authorization cards
and the A. F L. submitted 31 authorization cards, all of which were dated between May
609591-45-vol. 58-81
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 APPuOPRTATE UNIT
The U. P. W. A. and the A. F. L. seek a unit composed of "all em-
ployees of Upchurch Packing Company, Division of Armour and Com-
pany, Atlanta, Georgia, except for foremen, machinist foremen, cler-
ical and office employees, and supervisory employees with the right
to hire and fire." The Company agrees, except that it would exclude
the following employees, whereas both unions seek their inclusion :
Scaler.3-This employee works in the department known as "All
Killing, Selected Meats, and Casing Operations." Her main duties
are to operate the scales used in weighing the carcasses and hides of
all animals slaughtered and processed in this department, as Well as to
prepare tabulations of their weights. In connection with her work she
stamps the carcasses with the city inspection stamper and occasionally
exposes the arteries of some of the carcasses with a knife. She is an
hourly paid employee under the supervision of the foreman of this
department, and there is no evidence that she is in any manner closely
identified with management. We shall, therefore, include her.
Packer and Stenciler.4-This employee works in the department
known as "Pork Cutting Operations and Beef Boning." His duties
mainly consist of packing hams, stenciling the weights on the boxes
containing such hams, and carrying them to the storage house. He is
an hourly paid employee and is under the supervision of the foreman
of this department. We shall include him.
Order Filler Leader and Beef Order Filler and Scaler. -These two
employees work in the shipping department. Each works with one to
five men in filling orders for meats. Thus, they weigh the meat to be
shipped out, pack it, and prepare it for loading on the trucks. ' They,
together with all other workers ill the shipping department, are paid
on a salary basis. It appears that these two employees act as-leadmen
and may effectively recommend disciplining or discharging employees
working with them. We shall, therefore, exclude them.
and August 1944. He further reported that there were 115 employees in the alleged
appropriate unit . Pursuant to a stipulation by the parties, the Trial Examiner on
September 19, 1944, received further evidence of U. P W. A.'s interest among the Com-
pany's watchmen and engineers The Trial Examiner reported that the U. P W. A.
submitted 7 additional authorization cards , of which 4 contained the names of persons
listed as watchmen on the Company ' s pay roll of September 14, 1944, and 3 contained
the names of persons listed as engineers on the same pay roll.
8 Sarah Whitfield now occupies this position.
4 L Bramblett now occupies this position.
5 Daniel D . Phillips and T. A. Phillips now occupy these positions.
UPCHURCH PACKING COMPANY 1267
Lead mechanic.e-This employee works in the garage department.
His duties consist of keeping several trucks in repair. In connection
with his work he is entrusted with the responsibility of buying all
supplies necessary for the maintenance of such trucks, as well as repre-
senting the Company in any transaction involving the repairs of such
trucks. He has one employee under his supervision and can effectively
recommend disciplining or firing him. He is under the supervision
of the Company's superintendent. We shall exclude him from the
unit.
Stockroom clerk.7-This employee works in the miscellaneous de-
partment. ' He operates the storerooms for the Company. He is the
custodian of all supplies, such as paper, knives, and other equipment.
He, at the direction of the management, releases supplies to the em-
ployees requesting them. In connection with his work he keeps
records of all incoming and outgoing supplies. His clerical functions
are emphasized by the fact that he is under the supervision of the
purchasing agent and employment manager. We shall accordingly
exclude him.8
Watchmen.-The Company employs three watchmen in the miscel-
laneous department and one night watchman in the "Sausage, 'Cooked
Hams, and Smoked Meats Department." These watchmen are neither
armed nor uniformed. Their duties are confined to performing func-
tions usually associated with their classification. Thus, they patrol
the Company's premises, guarding it against theft and fire. They
also make routine reports respecting the infractions of rules and regu-
lations promulgated by the Company. The night watchman,9 in
addition to performing the above-named duties, also keeps the fire
going in the smokehouse, watches over the cooking of meats, and
takes the temperature in the various cooling rooms. We are persuaded
by the entire record, despite some testimony to the contrary, that they
are neither supervisory nor managerial employees. We shall include
them.1o
Engineers.-There are three engineers employed in the "Power-
house and Mechanical Department." Their duties consist of firing
the boilers and maintaining proper steam pressure, operating the
refrigeration units, and controlling-temperatures in the cooling rooms
by proper adjustments of the control valve. At times, they also make
minor mechanical repairs on the machinery used in the above-
mentioned operations. Their work requires no particular technical or
e M Bennett now occupies this position.
Noah Pearson now occupies this position.
e See Matter of Brown Shoe Company, Inc., 57 N. L. R. B. 1687.
9 H M Haney now occupies this position.
11 See Matter of Swift and Company, 58 N L. R. B. 12.
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
engineering skill , and they are under the supervision of a foreman who
is in charge of this department . We shall include them.
Assistant foreman.,,'-This employee works in the "Sausage, Cooked
Hams, and Smoked Meats Department ." He works with 10 to 15
employees who are engaged in sausage packing. The record discloses
that while he is an hourly paid employee , he receives approximately
20 percent more an hour than the other employees working with him.
Apparently he has the power to hire and discharge . We shall exclude
him. -
We find, in substantial accordance with the agreement of the parties
and our foregoing determinations , that all employees of Upchurch
Packing Company , Division of Armour and Company , Atlanta,
Georgia, including the scaler , the packer and stenciler , watchmen,
and engineers , but excluding clerical and office employees , the store-
room clerk, the lead mechanic , the order filler leader, the beef order
filler and scaler , the machinist foreman, assistant foreman, foremen,
and all other supervisory employees with authority to hire, promote,
discharge, discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , constitute a unit appro-
priate 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 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 12
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 Rela-
tions Board Rules and Regulations-Series 3, as amended , it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Upchurch Pack-
ing Company , Division of Armour and Company ,, Atlanta, Georgia,
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 Tenth
11 H. J . Rainwater now occupies this position
12 The A F L's request to appear on the ballot as "Butcher Workmen, A. F . of L.," Is
hereby granted.
UPCHURCH PACKING COMPANY 1269
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 those who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by United Packinghouse Workers of America (C. I. 0.), or by
Butcher Workmen, A. F. of L., for the purpose's of collective bargain-
ing, or by neither.