Armour and Co.

National Labor Relations Board - Board Decisions

Oct 17, 1945

64 N.L.R.B. 290 (N.L.R.B. 1945)

In the Matter of ARMOUR AND COMPANY and LOCAL UNION # 8, UNITED
PACKINGHOUSE WORKERS OF AMERICA, C. I. O.
Case' No. 17-R-1158.-Decided October 17,1945
Messrs. E. M. Connor and L. E. Dinger, of South Omaha, Nebr.,
and J. C. Moore, of Chicago, Ill., for the Company.
Messrs. Patrick Ratigan, Harry Peters, and James Pazderka, of
Omaha, Nebr., and Mr. Fred J. Ramano, of South Omaha, Nebr., for
the C. I. O.
Mr. Cody Quinn, of Kansas City, Mo., and Mr. A. Howard Stough-
ton, of Omaha, Nebr., for the I. A. M.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union #8, United Packinghouse
Workers of America, C. I. 0., herein called the C. I. 0., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees`of Armour and Company, South Omaha, Nebraska,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Margaret L.
Fassig, Trial Examiner. Said hearing was held" at Omaha, Nebraska,
on,July 10, 1945. The Company, the C. I. 0., and the International
Association of Machinists, A. F. L., herein called the I. A. M., 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, an Illinois corporation, with its principal office
'ill Chicago, Illinois, is engaged in the slaughtering, processing, and
04 N. L. R. B., No. 52.
290
}._ _ ,
ARMOUR AND COMPANY 291
packing of- livestock products at its plant in South Omaha, Nebraska,
the sole plant involved in this _proceeding. During the year 1944,
the Company slaughtered, processed, and distributed' over 500,000,000
pounds of products valued in excess of $1,000,000, of which approxl-
mately 75 percent was shipped to points outside the State of Nebraska.
The, Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATIONS INVOLVED
International Association of Machinists, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
Local Union #8, United Packinghouse Workers of America, affili-
ated with the Congress of Industrial Organizations, is a labor organ-
ization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 14 , 1945, the C. I. O. notified the Company that it desired
recognition as the bargaining representative of certain of the Com-
pany's - employees . - The Company ,' however, refused to grant; such
recognition until the C . I. O. has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C . 1. O. represents a substantial number of
employees in the unit hereinafter found appropriate.l
We find that a question effecting commerce has arisen concerning
the representation of employees of the Colnpany , within the meaning
of Section 9, (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT ; THE DETERMINATION OF- REPRESENTATIVES
The C. I. O. desi-res to , include- -a
-
11 checkers ,;,scarlers, gang leaders,
inspectors , and graders employed by the Company in the bargaining
unit of production and maintenance employees which-it currently rep-
resents. It would also include -within the bargaining unit the Com-
pany's machinists for whom the I. A. M. was certified in April 1940
as the collective bargaining representative . 2 While'ma,intaining that
the machinists constitute a separate ,appropriate unit, the I . A. M. at the
same time agrees to the inclusion of the machinists in the unit of pro-
I The Field Examiner reported that the C I 0 submitted 41 authorization cards. that
of these, 4 were dated August and September 1944 , 30 were dated May 1945 , and 7 were
dated June 1945 , and that there are 75 persons in the unit petitioned for At the hearing
the C I O . submitted 6 additional membership application cards , of which`4 were dated-
June 1945 , and,2 were dated July 1945.
As evidence of its interest , the I A . bI submitted to the Trial Examiner 4 authorization
cards, out of the 6 employees in-the unit it seeks to represent
2 Matter of Armour f Company, 22 N. L R. B 818
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction and maintenance employees in the event the C. I. O. is selected
as their exclusive bargaining representative. The Company does not
oppose the position of either the C. I. O. or the I. A. M.
Although we normally adhere to a prior Board finding as to the
appropriate unit upon which a history of collective bargaining has
been predicated, inasmuch as the I. A. M. agrees to the inclusion
of the machinists in the existing unit of production and maintenance
employees should the C. I. O. win the election, we are of the opinion
.that the machinists may either remain a-separate bargaining unit or
be so included.4 We shall, therefore, make no present determination
of the appropriate unit, but shall reserve such finding pending the
results of the election hereinafter directed. We shall direct that an
election be held among the machinists,' and our finding of the appro-
priate unit will depend, in part, upon the desires of those employees
as expressed in such election. If the machinists select the C. I. O. as
their bargaining representative, they will thereby be,deemed to'have
indicated their desire to be included'in a unit of production- and main-
tenance employees and will be part of such unit; if, however, they
select the I. A. Al. as their bargaining representative, they will be
deemed to have indicated their desire to remain a separate appro-
priate unit. -
It is also our opinion that all checkers, scalers, gang leaders, in-
sl ectors, and graders'may appropriately be included in 'the existing
unit of production and maintenance employees. Inasmuch as these
employees have not been included in the production and maintenance
unit, we shall direct that a separate election be held to determine their
desires in the matter. Accordingly, we shall make no 'present unit
finding with respect to the foregoing employees pending the outcome
of the election. If in such election, these employees select the C. I. O.
as their bargaining representative, they will thereby be deemed-to-have
indicated their desire to be included in the existing unit of production
and maintenance employees and the C. I. O. may bargain for then- as
part of such unit.
We shall direct that separate elections by secret ballot be held among
the employees in each of the voting groups, described below. who were
employed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to the' limitations and
additions set forth in the Direction:
1. ' All machinists, excluding all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
3 Hatter of The Duff-Norton Manufacturing Company , 60 N. L R B 186; Matter of Dam
Manufacturing Company . 52 N L R B 1034
4See Matter of American Can Company, 61 N. L R B . 1631 ; Mattet of Chemurgic
Corporation, 60 N L . R. B 412 - -
5The parties agreed that all, machinists listed on the Compan3 ' s Exhibit 1. with the
exception of Dooley, should comprise the bargaining unit I '
e
ARMOUR AND' CO_IIPANY 293
changes in the status of employees, or effectively recommend such
action, to determine whether they wish to be represented by the
C. I. 0., or by the I. A. M., or by neither.
2. All checkers, scalers, gang leaders, inspectors, and graders, ex-
cluding watchmen, foremen, 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 ac-
tion, to determine whether or not-they desire to be represented by
the C. I. O. -
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the elections.
DIRECTION OF ELECTIONS
By virtae 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-Seiies 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; South Omaha, Nebraska, elections by secret ballot shall be
conducted as early as possible, but not later than thirty (30) clays from
the date of this Direction, under the direction and supervision of the
Regional Director for the Seventeenth 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 following employees who were employed.by the Company 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 in-
cluding any 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 :
1. The employees in the' first voting group described in Section
IV, above, to determine whether they desire to be represented by Local
Union #8, United Packingliouse'Workers of America, C. I. 0., or
by International Association o£,Machinists, A. F. L., for the purposes
of collective bargaining, or by neither. -
2. The employees in the' second voting group described in Section
IV, above, to determine whether or not they desire to be represented
by Local Union #8, United Packinghouse `Yorkers of America,
C. I. 0., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Elections.
0