Armour and Co.

National Labor Relations Board - Board Decisions

Feb 19, 1945

60 N.L.R.B. 758 (N.L.R.B. 1945)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA-CIO
-Case No. 16-R-11-52.-Decided February 19,1945
Mr. J. C. Moore, of Chicago, Ill., and Dlr. David Barron, of Fort
Worth, Tex., for the Company.
Messrs. A. J. Pittman and Lawrence R. Hoover, of Fort Worth; Tex.,
.for the Union.
Miss Ruth Rusb1h, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
TJpon a petition duly filed by United Packinghouse Workers of
America-CIO, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Armour and Company, Fort Worth, Texas, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Glenn L. Moller, Trial
Examiner. Said hearing was held at Fort Worth, Texas, on January
18, 1945. The Company and the Union 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 and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is an Illinois corporation with its main offices located
in Chicago, Illinois. We are concerned in the present proceeding
1 At the hearing , the Trial Examiner granted motions by the Union to correct all formal
papers to show the names of the Company and the Union as set forth above.
60 N. L R. B, No. 129.
758
ARMOUR AND COMPANY 759
with the Company's plant located in Fort Worth, Texas, which is
known as the Ratliff Pure Food Products Plant. This plant is en-
gaged in the processing of meat and meat byproducts. During 1944,
the Company received approximately 2,871 tons of raw materials and
supplies, of which 5 percent was shipped from sources outside the
State of Texas. For the same period, the Company shipped 3,618
tons of products, of which approximately 80 percent was shipped to
places outside the State of Texas. r
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 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 has refused to grant recognition to the Union as
the exclusive bargaining representative of its production and main-
tenance employees until the Union has been certified by the, Board in
an appropriate unit.
A statement of a Field Examiner, introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found appropriate.2
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 parties agree that the appropriate unit should be composed
of the production and maintenance employees of the Company's
Ratliff Pure Food Products Plant, excluding watchmen, office and
clerical employees, and supervisory employees.
There was a discussion at the hearing concerning the supervisory
status of four working foremen. The Union and the Company
agreed to exclude these employees from the unit since they can make
effective recommendations concerning hiring and discharging em-
ployees upon which the plant superintendent often relies without
making an independent investigation. We shall exclude the working
foremen as supervisory employees.
2 The Field Examiner reported that the Union submitted 45 membership cards and that
there are approximately 75 employees in the appropriate unit The cards were dated, 7
in November 1944, 35 in December 1944, and 3 undated.
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find, in accordance with the stipulation of the parties and
our foregoing determination, that all production and maintenance
employees of the Company's Ratliff Pure Food Products Plant, ex-
cluding watchmen, office and clerical employees, 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 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 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 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
Company, Fort Worth, Texas, 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 Sixteenth 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 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-CIO,
for the purposes of collective bargaining.