Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

Jun 6, 1942

41 N.L.R.B. 780 (N.L.R.B. 1942)

In the Matter of ARMOUR AND COMPANY OF DELAWARE AND ARMOUR
AND COMPANY and AMALGAMATED MEAT CUTTERS AND BUTCHER
WORKMEN OF NORTH AMERICA, LOCAL 416
Case No. R-3897.-Decided June 6, 194
Investigation and Certification of Representatives : stipulation for certification
upon, consent election.
Mr. Robert R. Rissmarn, for the Board.
Mr. M. E. Barnes, for the Company.
Mr. Max Crowell, for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 25, 1942, Amalgamated Meat Cutters and Butcher Work-
men of North America, Local 416, herein called the Union, filed with
the Regional Director for the Eighteenth Region (Minneapolis, Min-
nesota:) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Armour and
Company of Delaware and Armour and Company, Huron, South
Dakota, herein called the Company, engaged in the business of
operating, among others, a meat packing plant at Huron, South
Dakota, 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 April 6, 1942, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice. On May 6, 1942, the Company, the Union and the Re-
gional Director entered into a "STIPULATION FOR CERTIFICATION UPON
CONSENT ELECTION." In the stipulation the parties agreed that, in
the event the Union were selected by the employees voting in the
election, those employees would be included in the unit previously
found appropriate by the Board for which the Union was certified
41 N. L. R. B., No. 147.
780
ARMOUR AND COMPANY 781
following an election, and that the Union should be certified as the
exclusive representative of all the employees in the unit as thus
expanded?
Pursuant to the stipulation, an election by secret ballot was con-
ducted on May 20, 1942, under the direction and supervision of the
Regional Director among the employees of.the Company in the motive
power, maintenance, and stockyard departments employed by the Com-
pany at its Huron, South Dakota, plant, to determine whether or not
they desired to be represented by- the Union. On May 21, 1942, the
Regional Director issued and duly served upon the parties his Election
Report on the ballot. No objections to the conduct of the ballot or
the Election Report have been filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list_______________________________________ 29
Total ballots cast___________________________________________ 22
Total ballots challenged_____________________________________ 0
Total blank ballots __________________________________________ 0
- Total void ballots_______________ I___-_______________________ 0
Total valid votes counted -------------------I________________ 22
Votes cast for Amalgamated Meat Cutters and Butcher Work-
men of North America, Local 416____________________________ 15
Votes cast against Amalgamated Meat Cutters and Butcher
Workmen of North America, Local 416______________________ 7
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 question affecting commerce has arisen concerning 'the repre-
sentation of employees of Armour and Company of Delaware and
Armour and Company, Huron, South Dakota, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2. All production employees at the Huron plant engaged in killing,
dressing, processing, packing, and shipping, and employees in the
motive power, maintenance, and stockyard departments, but excluding
general office and clerical employees, plant clerks, scalers and checkers,
supervisors, foremen, assistant foremen, watchmen, jobbing-room em-
ployees, and livestock drivers, constitute a unit appropriate for the
1 The unit found appropriate in the prior case consisted of "all production employees in
the Company 's Huron plant engaged in killing , dressing, processing , packing, and ship-
ping, excluding maintenance employees, general office and clerical employees , plant clerks,
scalers and checkers, supervisors , foremen , assistant foremen , watchmen , jobbing-room
employees and livestock drivels " See Mattel of Armour