Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

Nov 27, 1942

45 N.L.R.B. 816 (N.L.R.B. 1942)

In the Matter of NEW YORK BUTCHERS DRESSED MEAT COMPANY, Divi-
SION OF ARMOUR AND COMPANY OF DELAWARE and UNITED PACKING-
HOUSE WORKERS OF AMERICA, C. I. O.
q
Case No. R-4426.-Decided November 27,1942
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of ggestion: re-
fusal to accord recognition until certification by the Board ; contract no bar
when petition was filed prior to automatic renewal date ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees, including-
factory clerical employees, but excluding office workers, supervisors, teamsters,
managerial employees, Schoctim, and mechanics (including electricians, fire-
men, oilers, garage and maintenance mechanics and motor power engineers),
watchmen, salesmen, assistant salesmen, and sales clerks.
Mr. Peter F. Curran, of New York City, for the Company.
Mr. Meyer Stern, of New York City, for the C. 1. 0.
Mr. James Buintenkant, of New York City, for the A. F. L.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND t
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon, an amended petition duly filed by United Packinghouse
Workers of America, C. I. 0., herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of New York Butchers Dressed Meat Company, Division
of Armour and Company of Delaware, New York City, herein called
the Company,' the National Labor Relations Board provided for an
appropriate hearing upon due notice before Edward G. Smith, Trial
Examiner. Said hearing was held at New York City, on October 22,
1942. The Board, the Company, the C. I. 0., and Amalgamated Meat
Cutters & Butcher Workmen of North America, Local 640, A. F. L.,
i Incorrectly designated as "New York Butchers Dressed Meat Corp, Division of Armour
& Company of Delawaie' in eeltarn of the formal papers, and corrected by motion at the
hearing
45 N L R B, No 123
816
NEW YORK BUTCHERS DRESSED MEAT COMPANY 817
herein called the A. F. L., appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to- introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour and Company of Delaware, a wholly owned subsidiary of
Armour and Company of Illinois, is a Delaware corporation owning
and operating 30 plants located in 23 States of the United States,
including a plant in New York City, the only one' involved in this
proceeding, which plant is operated under the name and style of New
York Butchers Dressed Meat Company. The Company is engaged
at its New York City plant in slaughtering, processing, selling, and
distributing beef, cattle, sheep, lamb, and calves. During the last
6 months, which is a representative period in the Company's business,
the Company purchased for use at its New York City plant livestock
consisting of beef, cattle, sheep, lamb, and calves, amounting to 107,-
000,000 pounds, all of which was shipped to it from points outside
the State of New York. During the same period, the Company's
finished products amounted to approximately 90,000,000 pounds," of
which •20: percent was shipped from its New York plant to points out:'
side the State of New York.
The Company admits that it is engaged -in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
United Packinghouse Workers of America, is a .labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company. -
Amalgamated )Meat Cutters & Butcher Workmen of North
America,'Local 640, is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of
the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On or about July 1, 1942, the C. I.'0. requested recognition from
the Company and a conference for purposes of collective bargain-
ing. The Company did not reply but later stated that it had a con- _
tract with the A. F. L. and could not then comply with the request
of the C. I. O.
493508-43-vol 45-52
818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The A. F. L.'claims that the present proceeding is barred by reason
of a contract between the Company and the A. F. L. covering the
enlployee$,in the ,plant herein involved. The contract.is an exclusive
bargaining agreement dated October 27, 1941, and effective-for the
period of 1 year from the date thereof and from year to year there-
after, subject to modification or terminaion upon 30 days' notice
prior to the expiration date in any year, and further subject to a
change of the collective bargaining agency by the Board during
such term. Since the C. I. O. filed its -petition more than 30 days
prior to the expiration date, the contract does not constitute a bar
to an election.2
A statement prepared by the Assistant to the Regional Director and
introduced in evidence at the hearing indicates that the C. I. O.
represents a substantial number of employees in the unit hereinafter
found to be appropriate .3
We find that, a question affecting commerce, has arisen, concerning,
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties are in agreement that all production employees exclusive
of office workers, supervisors, teamsters, managerial employees,
Schochtim, and mechanics (including electricians, firemen, oilers,
garage and maintenance mechanics and motor power engineers),
watchmen, salesmen, assistant salesmen, and sales clerks, should be
included in the appropriate unit. The only remaining question is
whether the factory clerical workers, numbering about 30 employees
doing work in and about the plant should be included within the appro-
priate unit. Both unions are in favor of their inclusion while 'the
-Company'-contends that they should be excluded.-
The factory clerical workers are divided into three groups known as
scalers, checkers, and departmental clerks. Scalers weigh finished
meat and make out the billing ticket that is sent to the customer with
the shipment of meat. Thereafter, the checkers check the meat into
the truck, keeping account of the quantities that go in and checking
them against the slips. Both scalers and checkers fall within the
general category of shipping clerks. The departmental clerks are
'See Matter of Ailwoay. Electric ApplianceCorporation and International Union United
Automobile, Au craft & Agridultural Implement If o, hers of Ame? tea, Local 12 (C. I. 0.), 41
N L R B 1239
, The Assistant to the Regional Director repotted that the C I 0 had submitted 278
signed authotizatien cards, of which 1 was dated 1939, 1 dated 1940, 2 dated 1941, 1 dated
March 1942, 97 dated May 1942, 119 dated June 1942, 46 dated July 1942, and 11 undated ;
-that all the 278 signatures thereon appealed to be genuine original signatures of, persons
on the Company's pay roll of July 4, 1942, containing 547 employees within the appropriate
unit The A F L relies unon its contract as evidence of its interest.
.NEW 'YORK BUTCHERS DRESSED MEAT COMPANY 819
stationed in the various production departments, where they keep de-
partmentaT'and production records under the supervision of the fore-
men of their respective departments. The departmental clerks punch
time clocks iun.d, generally come to work at the same time and -have the
same lunch period as do the production employees. Since it appears
that the factory clerical workers have interests in common with the
production employees, and since the only labor organizations con-
cerned-desire their inclusion, we shall include them within the appro-
priate unit.'
We find that all production employees of the Company, including
factory clerical employees, but excluding office workers, supervisers,
teamsters, managerial employees, Schochtim, and mechanics (includ-
ing electricians, firemen, oilers, garage and maintenance mechanics and
motor power engineers), watchmen, salesmen, assistant salesmen, and
sales clerks, constitute a unit appropriate for the purposes of collective
bargaining w,ithiwn them caning of Section.9 (b) of the Act.
V. T[IE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and'Regulations-Serie-s;2, as-amended, it is'hereby _
DIRECTED that,, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with New York Butchers
Dressed Meat Company, Division of Armour and Company of Dela-
ware, New York City, an election by secret ballot shall be conducted
as early as possible but not later than thirty (30) days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section 10,
of said Rules and:`SRegulations, among, the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
*See Matter of Brown Company and Inte'national Riotheihood of Polp, Sulphite and
Paper Mill TVorl ars (A. P L ), 31 N. L. R T3 303
820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off," but excluding employees
who have since quit or been discharged for'cause, to determine whether
they desire to be represented by United Packinghouse Workers of
America, C. I. 0., or,by Amalgamated Meat Cutters & Butcher Work-
men of North America, Local 640, A. F. L., for the purposes of collec-
tive bargaining, or by neither.