Armour and Co.

National Labor Relations Board - Board Decisions

Feb 19, 1945

60 N.L.R.B. 740 (N.L.R.B. 1945)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL 347, C. I. O.
Case No. 13-R-.806.-Deckled February 19, 1945
Mr. A. C. Moore, of Chicago, Ill., for the Company.
Mr. Sigmund J. Wlodarezyk, of Chicago, Ill., 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
America, Local 347, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Armour and Company, Chicago, Illinois, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Benjamin B. Salvaty,
Trial Examiner. Said hearing was held at Chicago, Illinois, on Febru-
ary 2, 1945. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-ex-
amine 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 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 operating a plant
at Chicago, Illinois, where it is engaged in the slaughtering of livestock
and processing of meats. During 1944 the Company purchased about
731,475 tons of material for use at its Chicago plant, approximately 90
percent of which was shipped to it from points outside the State of
Illinois. During the same period the Company processed about 615,-
60 N. L. R. B., No. 124.
740
ARMOUR AND COMPANY 741
516 tons of products, approximately 80 percent of which was shipped
to points outside the State of Illinois.
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 347, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of certain of its employees until such time
as the Union is certified by the Board.
A statement of a Field Examiner of the Board; introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of the employees claimed by it.'
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
During December 1939 the Board certified the Union as the exclu-
sive collective bargaining representative for all production and main-
tenance employees at the Chicago plant,- excluding cafeteria em-
ployees and other enumerated classifications of employees. Since
then, the Company has recognized the Union as the exclusive col-
lective bargaining representative of all such employees. The Union
now seeks to enlarge the scope of its present bargaining unit by add-
ing thereto all cafeteria employees. The Company agrees with the
contention of the Union. The record indicates that the cafeteria
employees may properly form a part of the larger unit presently
represented by the Union.
We shall, accordingly, direct an election only among the cafeteria
employees so that they may indicate their desires as to whether or
not they should be added to the established bargaining unit presently
represented by the Union.2
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
'The Field Examiner reported that, the Union submitted 16 membership application
cards. There are 39 employees in the group claimed by the Union.
2 Matter of Armour and Company, 40 N. L. R. B. 1333.
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of the Company in the following voting group 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 :
All cafeteria employees at the Chicago meat packing plant of the
Company, excluding cashiers, the head chef, supervisors, and any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action.
In the event a majority of the employees select the Union as their
bargaining representative, they will have thereby indicated their
desire to be merged with the employees of the Company now repre-
sented by the Union.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Armour and Com-
pany, Chicago, Illinois, 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 Thirteenth 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 voting group described 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 quite or been dis-
charged 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
347, C. I. 0., for the purposes of collective bargaining.