Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

Feb 13, 1942

38 N.L.R.B. 1207 (N.L.R.B. 1942)

In the Matter of ARMOUR AND COMPANY OF DELAWARE and PACKING-
HOUSE WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. R-3480.-Decided February 13,194.
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mrs. Elinore M. Herrick, for the Board.
Mr. Peter F. Curran, of New York City, for the Company.
Mr. James J. Stanton, of New York City, for the C. 1. 0.
Mr. Hugo Veit, of Jersey City, N. J., for the A. F. L.
Mr. Robert E. Tillmaan, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 27, 1941, the Packinghouse Workers Organizing Com-
mittee, C. I. 0., herein called the C. I. O., filed with the Regional
Director for the Second Region (New York City) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Armour and Company of Delaware, herein
called the Company, at its abattoir and processing plant in Jersey
City, New Jersey, where it is engaged in slaughtering and processing
hogs, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On December 22, 1941, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice. On December 26, 1941, the Regional Director
issued a notice of hearing, copies of which were duly served upon
the Company, the C. I. 0., and upon Butchers Union of Greater
New York and New Jersey, Local 174, of the Amalgamated Meat
38 N. L. R. B., No. 216.
1207
1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cutters and Butcher Workmen of North America, A. F. L., herein
called the A. F. L., a labor organization claiming to represent em-
ployees directly affected by the investigation. Pursuant to notice, a
hearing was held on January 2, 1942, at New York City, before
Drexel A. Sprecher, the Trial Examiner duly designated by, the
Chief Trial Examiner. At this time, the Company, the C. I. O., the
A. F. L., and the Regional Director entered into a "STIPULATION
FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on January 14, 1942, under the direction and supervision of
the Regional Director, among all production and maintenance em-
ployees at the abattoir and the processing plant in Jersey City, New
Jersey, exclusive of supervisory employees, assistant 'foremen who
are not engaged in manual- labor, clerical help in the, office, ,chemists,
peddlers, salesmen, chauffeurs, -and,.-watchmen, to: determine whether
they desired to be represented by the A. F. •L., the C. ^ I. 0.', or by
neither. On January 16, 1942, the Regional Director issued and duly
served upon the parties an Electioii^_Report upon the ballot. No
objection to the conduct of the .ballot or the Election Report have
been filed by any of the parties.
In her Election Report, the Regional Director reported as follows
concerning the balloting and its results:-
Total on eligibility list______________________________________ 544
Total ballots cast---------------- ------------------------- 472.;'
Total ballots challenged____ ________________________________ , 1
Total blank ballots-- ----------------------------------------- 2
Total void ballots----------------------------------------- 3
Total' valid votes counted-- - ------------------------------- 466
Votes cast for Packinghouse Workers Organizing Committee,
C. I. 0------------------------------------------------------ 310',
Votes cast for Butchers Union of Greater New York and New
Jersey, Local 174, of the -Amalgamated Meat,Cutters and
Butcher Workmen of North America, A. F: L_______________ 55
Votes cast for neither Union -------------------------------- 101
Upon ,the basis of the stipulation, the Election Report, and' the
entire record in ' the case, the Board makes the following :
'.FINDINGS OF FACT :
1. A giiesti6n affecting cdmiherce`has arisen concerning'the repre'
sentation of employees of Armour "and Company of Delaware, at
its abattoir and'processing plant, in Jersey City, New'Jersey,'witliin
the meaning of Section 9 (c) and Section' -2 (6) "and _(7) of the
National Labor Relations Act.
2. All production and maintenance employees-6f the Company -at
the abattoir and the processing plant in Jersey City, New Jersey,
AhMOUR At"NtD COMPANY OF DELAWARE -1200
exclusive of supervisory employees, assistant foremen who are not
engaged in manual labor, clerical help in the office, chemists, peddlers,
salesmen, chauffeurs, and watchmen, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the National Labor Relations Act.
3. Packinghouse Workers Organizing Committee, C. I. 0., has been
designated and selected by a majority of the employees in the above-
described unit as their representative for the purposes of collective
bargaining, and is the exclusive representative of all employees in
said unit within the meaning of Section 9 (a) of the National Labor
Relations Act.
CERTIFICATION OF -REPRESENTATIVES
By virtue of and pursuant to the power vested in the, National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act,
IT IS HEREBY CERTIFIED that Packinghouse Workers Organizing
Committee, C. I. 0., has been designated and selected by a majority
of all production and maintenance employees of Armour and Com-
pany of Delaware, at its abattoir and processing plant in Jersey
City, New Jersey, exclusive of supervisory employees, assistant fore-
men who are not engaged in manual labor, clerical help in the office,
chemists, peddlers, salesmen, chauffeurs, and watchmen, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Packinghouse Workers Organizing
Committee, C. I. 0., is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.