Armour and Co.

National Labor Relations Board - Board Decisions

Mar 13, 1947

72 N.L.R.B. 1182 (N.L.R.B. 1947)

In the Matter of ARMOUR AND COMPANY, EMPLOYER and UNITED
PACKINGHOUSE WORKERS OF AMERICA, LOCAL 317, CIO, PETI-
TIONER
Case No. 19-R-1655
SECOND SUPPLEMENTAL DECISION
AND
ORDER
March 13,1947
On September 13, 1946, pursuant to a Supplemental Decision and
Second Direction of Election, issued by the Board herein on Septem-
ber 9, 1946, an election by secret ballot was conducted under the direc-
tion and supervision of the Regional Director for the Nineteenth Re-
gion (Seattle, Washington). Upon the conclusion of the election, a
Tally of Ballots was furnished the parties in accordance with the
Rules and Regulations of the Board.
The Tally shows that there were approximately 64 eligible voters,
and that 59 of the eligible voters cast ballots, of which 33 were for the
Amalgamated Meat Cutters and Butcher Workmen of North America,
Local 656, AFL, herein called the AFL, 24 Were for United Packing-
house Workers of America, Local 317, CIO, herein called the CIO,
and 2 were challenged ballots. The 2 challenged ballots are insuffi-
cient to affect the results of the election. Upon objections filed by the
CIO to the conduct of the election,' the Regional Director, following
an investigation, issued a Report on Objections in which he recom-
mended that the objections be overruled. Thereafter, the CIO filed
exceptions to the Report on Objections. The Board, having consid-
ered the Objections, the Regional Director's Report on Objections,
and the CIO's exceptions thereto, remanded the case to the Regional
I The CIO's objections are, in substance (1) that a week or two before the election,
Armour and Company, herein called the Employer, issued checks to its employees covering
the retroactive payment of wages under an order of the Meat Packing Commission of the
National Wage Stabilization Board; (2) that on the day before and on the day of the
election, the Employer paid its employees wages earned for the preceding week and
deducted therefrom union dues to the AFL for the month of August 1946 pursuant to a
terminated contract between the Employer and the AFL.
72 N. L. R. B., No. 208.
1182
ARMOUR AND COMPANY 1183
Director for hearing oil the objection relating to the check-off of union
dues to the AFL.2
Pursuant to notice duly served upon the parties, a hearing was
held on January 24, 1947, at Portland, Oregon, before Daniel R.
Dimick, hearing officer. The Employer, the AFL, and the CIO, ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. All par-
ties were afforded an opportunity to file briefs with the Board.
Upon the record made at the further hearing, and upon the entire
record nn the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
On July 26, 1946, the Employer, the AFL, and the CIO entered
into an agreement for the settlement of certain unfair labor practice
charges which had been filed by the CIO and were then pending against
the Employer.3 The settlement agreement provided for the posting
of a notice which contained, among other things, the provision that on
August 11, 1946, the Employer would withdraw all recognition from
the AFL as bargaining representative unless and until the AFL shall
be certified as such representative by the Board.4 The parties also
agreed that a letter, dated July 9, 1946, from the Employer to the
AFL; would be posted adjacent to the Board notice required by the
settlement agreement. Thereafter, on August 27, 1946, following the
posting of the notice and letter hereinabove referred to, the CIO re-
quested that an election be conducted in this proceeding. In accord-
ance therewith, the Board, on September 9; 1946, directed an election
which was scheduled for September 13,1946. On September 12, and on
September 13, 1946, the Employer issued to its employees pay checks
from which A had deducted dues to the AFL for the full month of
August 1946 allegedly in accordance with the Employer's understand-
ing of its obligation under the recently expired bargaining agreement
2In view of the findings hereinafter set forth with respect to this objection, we find
it unnecessary to consider the other objection urged by the CIO as ground for setting
aside the election
7 19-C-1431.
4 The Employer had previously recognized the AFL as bargaining representative under
a collective bargaining agreement dated January 25, 1946, and covering the employees
herein concerned.
'The letter contains a statement by the Employer that "the existing contract expiring
August 11 , 1946 , is hereby cancelled as of this date in its entirety insofar as it applies
to our Portland , Oregon, plant."
731242-47-vol. -72-76
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
between it and the AFL.6 The deductions for dues to the AFL for
the full month of August were taken from the first regular pay-roll
checks issued in the month of September 1946, but without explana-
tion on the part of the Employer as to why such deductions were being
made from pay checks issued after August 11, 1946, the termination
date of the AFL contract under the settlement agreement referred to
above.
Conclusions
The Employer contends- that, notwithstanding the cancellation of
the agreement as of August 11, 1946, it remained under an obligation
to deduct, during the following month, the dues of employees for the
full month of August in accordance with its practice as defined by an
informal understanding between the Employer and the AFL.
Although it does not appear that the deductions were made for the
purpose of influencing the election, we are of the opinion that the
Employer's obligation to enforce the check-off provision was condi-
tioned upon the continued existence of the agreement and therefore
ceased upon its effective termination date. Although it is difficult to
determine the full effect of the check-off upon the election, it is appar-
ent that the employees concerned might, under the circumstances, have
reasonably concluded from the deduction of dues to the AFL, without
explanation by the Employer, that the Employer was continuing to
recognize the latter in preference to the CIO. We are therefore of
the opinion that, quite aside from any question as to the Employer's
good faith, the timing of the dues deductions prevented the employees
from exercising a free choice in the election.? The further circum-
stance, referred to by the Employer in its brief, that the CIO failed
to take immediate action before the election in protest of the deductions
by the Employer, is immaterial, since we are primarily concerned here
not with the CIO's omission, if any, in not attempting to counteract
the effect of the deductions, but rather with elements which make
impossible an impartial test of the employees' choice of representa-
tives.8 We accordingly sustain the CIO's objection to the election
based on the Employer's deduction of dues to the AFL upon the eve
of the election. We shall, therefore, set aside the election held on
September 13, 1946. When the Regional Director advises us that the
9 The provision in the agreement , relied upon by the Employer as supporting its action
in this respect, is as follows :
The Company, for said employees , shall deduct from the first pay of each month
the Union dues for the preceding month and promptly remit the same to the duly
designated officer of the Union.
' See Matter of National Carbon Company , 65 N. L. R B 830; Matter of LaSalle Steel
Company, 72 N L. It. B 411.
8 See Matter of Owens-Illinois Glass Company, 60 N L. It. B. 1015.
ARMOUR AND COMPANY 1185
time is appropriate, we shall direct that a new election be held among
the employees herein concerned.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
-of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the election held on September 13, 1946,
among employees of the Employer at its plant in Portland, Oregon,
be, and it hereby is, set aside.
CHAIRMAN HERZOG took no part in the consideration of the above
Second Supplemental Decision and Order.