Armour and Co.

National Labor Relations Board - Board Decisions

Oct 24, 1945

64 N.L.R.B. 449 (N.L.R.B. 1945)

In `the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, CIO
Case No. 10-R-1568.-Decided October 24, 1945
Mr. J. C. Moore, of Chicago, Ill., and Mr. J. W. Pehler, of Tifton,
Ga., for the Company.
Mr. G. R. Hathaway, of Atlanta, Ga., and Mr. John T. Norman, of
Tifton, Ga., for the United.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, CIO, herein called the United, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Armour and Company, Tifton, Georgia, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Mortimer H. Freeman, Trial
Examiner. The hearing was held at Tifton, Georgia, on September
13, 1945. The Company and the United 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 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
Armour and Company, an Illinois corporation, operates a branch
plant at Tifton, Georgia, where it is engaged in meat packing, the dis-
tribution of meat, dairy, and poultry products. During the past year
approximately 30 percent of the products processed at its Tifton plant
was shipped to it from points outside the State of Georgia. During_
64 N. L. R. B., No. 81
670417-46-vol. 64-30 449
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the same period the Company shipped approximately 65 percent of
the products processed by its Tifton plant to points outside the State
of Georgia.
The Company admits it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION 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.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated July 28, 1945, the United requested the Company
to recognize it as the exclusive bargaining representative of the em-
ployees at the Tifton plant. The Company refused this request until
such time as the United is certified by the Board.
A statement of the Board agent, introduced into evidence at the
hearing, indicates that the United represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of the employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the stipulation of the
parties, that all employees of the Company's Tifton plant, excluding
office employees, clerical employees, production clerks, checkers,
watchmen, assistant buyer, and supervisory employees with thQ rank
of assistant foreman and above and all other 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 bar-
gaining 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.
1 The Field Examiner reported that the United submitted 135 application cards, of which
45 R ere dated in July 1945 , and 90 were undated , and that there are approximately 175
employees in the appropriate unit.
ARMOUR AND COMPANY
DIRECTION OF ELECTION
451
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 repre-
sentatives for the purposes of collective bargaining with Armour and
Company, Tifton, Georgia, an election by secret ballot shall be con-
ducted 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 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 em-'
ployees 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 deter-
mine whether or not they desire to be represented by United Packing-
house Workers of America, CIO, for the purposes of collective
bargaining.
MR . GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.