Armour and Co.

National Labor Relations Board - Board Decisions

Feb 18, 1949

81 N.L.R.B. 855 (N.L.R.B. 1949)

In the Matter Of NEW YORK BUTCHERS DRESSED MEAT COMPANY,
DIVISION OF ARMOUR AND COMPANY , EMPLOYER AND PETITIONER and
UNITED PACKINGHOUSE WORKERS OF AMERICA (CIO), LOCAL No.
266
In the Matter Of NEW YORK BUTCHERS DRESSED MEAT COMPANY,
DIvISION OF ARMOUR AND COMPANY, EMPLOYER and CATTLE SHOCH-
TIM UNION9 LOCAL 491, AMALGAMATED MEAT CUTTERS AND BUTCHER
WORKMEN OF NORTH AMERICA, A. F. of L., PETITIONER
Cases Nos. 2-RM-67 and 2-RC-597, respectively.Decided
February 18,1949
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. United Packinghouse Workers of America (CIO), Local No.
266, herein called Local 266, and Cattle Shochtim Union, Local 491,
Amalgamated Meat Cutters and Butcher Workmen of North America,
A. F. of L., herein called Local 491, are labor organizations claiming
to represent employees of the Employer.
3. On December 19, 1946, the United Packinghouse Workers of
America, CIO, and the Employer executed a master agreement cover-
ing all Armour employees throughout the United States. The master
agreement, by its terms, was effective as of December 19, 1946, and was
*Chairman Herzog and Members Reynolds and Gray.
81 N. L. R. B., No. 129. 855
856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to remain in effect until August 11, 1948, and from year to year there-
after unless either party should give 30 days' notice of termination
before August 11, 1948, or any subsequent August 11. The master
agreement provided for the negotiation of supplementary local agree-
ments which would also expire on termination of the master agreement.
On February 11, 1948, Local No. 266 and the Employer executed an
agreement for the employees here involved covering wages only. Pur-
suant to proper notice, the Employer terminated the master agreement
as of August 11, 1948. Local 266 contends that the agreement dated
February 11, 1948, bars the claim of Local 491, as it was not a local
agreement within the purview of the master agreement, and therefore
was not terminated with the master agreement. The Employer and
Local 491 contend that the agreement was a local agreement and that it
expired together with the master agreement.
The February 11, 1948, agreement between Local 266 and the Em-
ployer contains wage provisions. But it contains none of the other
substantive terms usually included in collective bargaining contracts,
and no indication of the period during which it is to remain in effect.
These major omissions clearly indicate that it was intended to be
ancillary to the master agreement and not an independent contract.
Accordingly, we find that the February 11, 1948, agreement terminated
with the master contract and is not a bar to this proceeding.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All Shochtim, searchers, pluniberers. and ticket men, excluding
foremen and other supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30 days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Second Region, and subject to Sections
203.61 and 203.62 of National Labor Relations Board Rules and Regu-
lations-Series 5, as amended, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direction
of Election, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off, but
excluding those employees who have since quit or been discharged for
NEW YORK BUTCHERS DRESSED MEAT COMPANY 857
cause and have not been rehired or reinstated prior to the date of the
election , and also excluding employees on strike who are not entitled to
reinstatement , to determine whether they desire to be represented for
purposes of collective bargaining by United Packinghouse Workers
of America ( CIO), Local No . 266, or by Cattle Shochtim Union, Local
491, Amalgamated Meat Cutters and Butcher Workmen of America,
A. F. of L., or by neither.