Armour and Co.

National Labor Relations Board - Board Decisions

Apr 29, 1949

83 N.L.R.B. 333 (N.L.R.B. 1949)

In the Matter of ARMOUR AND COMPANY, EMPLOYER and INTERNA-
TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA, LOCAL No. 452, AFL, PETITIONER and
UNITED PACKING HOUSE WORKERS OF AMERICA, LOCAL UNION No.
21, CIO,, INTERVENOR
Case No. 30-RC-97
SUPPLEMENTAL DECISION
AND
DIRECTION
April 09,1949
Pursuant to a Decision and Direction of Election, dated Febru-
ary 11, 1949, an election by. secret ballot was duly conducted on
March 12, 1949. Upon the conclusion of the election, a Tally of Bal-
lots was furnished the parties.
The Tally shows that there were approximately 25 eligible voters
and that 27 votes were cast. Of these 27 votes, 12 were for the
Petitioner, 7 were for the Intervenor, 6 were for neither labor organi-
zation, and 2 ballots were challenged. As the number of challenged
ballots was sufficient to affect the result of the election, the Regional
Director, pursuant to Section 203.61 of the Board's Rules and Regula-
tions, Series 5, conducted an investigation. Thereafter, on March 29,
3949, he issued, and duly served upon the parties, a Report on Chal-
lenged Ballots. In his Report, the Regional Director recommended
that the challenge to the vote of John Wear be overruled and that to
the vote of Steve Mauser be sustained. The Intervenor filed excep-
tions to the Regional Director's Report on Challenged Ballots only
insofar as it. related to the ballot cast by Steve Mauser. No other
exceptions were filed to this report within the time provided therefor.
As no exceptions have been filed to the report on the challenged
ballot of John Wear within the time provided therefor, we 1 shall
adopt the findings and recommendations of the Regional Director
thereon.
'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-member panel
[Chairman Herzog and Members Houston and Murdock].
83 N. L. R. B., No. 40.
333
334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As Steve Mauser, a city truck driver , is at present absent from the
plant on a leave of absence granted in 1942 2 by the Employer pursuant
to the provisions of a collective bargaining agreement between the
Employer and the Intervenor ,3 and is entitled to reinstatement upon
a week 's notice anytime -before August 11, 1949, if made within 1 week
after he ceases to occupy a full -time position with the Intervenor,
he was an eligible voter at the date of . the election 4
Accordingly , we shall overule the challenges to the ballots of John
Wear and Steve Mauser. As the results of the election may depend
upon the counting of the two ballots declared valid, we shall direct
that they be opened and counted.
DIRECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Armour and Company , Stockyards,
Denver, Colorado , the Regional Director for the Seventeenth Region
shall , pursuant to the Rules and Regulations of the National Labor
Relations Board , within ten ( 10) days from the date of this Direction,
open and count the challenged ballots of John Wear and Steve Mauser,
and shall , thereafter , prepare and cause to be served upon the parties
Supplemental Tally of Ballots.
2 See Matter of Public Service Corporation of New Jersey, 72 N. L. R. B. 224, 231 (con-
tinuous leave of absence for approximately 29 years).
8 The contract between the Employer and the Intervenor provides : (1) Employees "who
are elected or, appointed to a full-time position with the Union, upon proper notice, shall
be. granted leave of absence without pay not to exceed the life of this agreement."
(2) "Employees on [such] leave . . . shall be entitled to return to the Company's
employment with their seniority rights unimpaired providing that they give one week's
notice to the Company of their desire to return to work for the Company . . . within one
week after the date the contract terminates, whichever occurs earlier." (3) The Union
shall notify the Company when any employee on this type of leave of absence•ceases to
occupy the full-time position with the Union. (4) "The leave of absence shall become
void and seniority rights forfeited if any employee on [such] leave of absence . . accepts
other employment or engages in other work " The contracts between the Employer and
the Intervenor have for a number of years contained similar provisions. Mauser has
annually renewed his leave by proper statement to the Employer.
4 See Matter of Remington Rand, Inc., 74 N. L. R. B.•447, 450. The fact that Mauser
has not stated his intention to return to work is, under circumstances, less important than
that he has a limited right to do so. Matter of American Potash d Chemical Corporation,
'28 N. L. R B 236. -
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