Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

Sep 13, 1941

35 N.L.R.B. 409 (N.L.R.B. 1941)

In the Matter of ARMOUR AND COMPANY OF DELAWARE and MEAT
CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, AFFILIATED
WITH THE A. F. OF L.
Case No. R-2896.-Decided September 13, 1941
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition until certified by the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at the Knoxville , Tennessee , branch house of the Company, including
truck drivers, assistant shippers , but excluding supervisory and clerical
employees and outside salesmen.
Mr. Paul E. Blanchard, of Chicago Ill., for the Company'-*
Mr. Lee A. Jordan, of Birmingham, Ala., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 2, 1941, Amalgamated Meat Cutters & Butcher Workmen
of North America, affiliated with the A. F. of L., herein called the
Union, filed with the Regional Director for the Tenth Region
(Atlanta, Georgia) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Armour and Company of Delaware,' Knoxville, Tennessee, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On July 25, 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
1 Incorrectly designated in the formal papers as Armour & Co ., and corrected by motion
at the hearing.
35 N. L . R. B., No. 86.
409
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing
upon' due notice.
On August 13, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on August 21, 1941,
at Knoxville, Tennessee, before Earle K. Shave, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company was
represented by counsel and the Union by its repersentative; both
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings on motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour and Company of Delaware is engaged in packing and
distributing meats and meat products. This proceeding is con-
cerned solely with the Company's branch house at Knoxville, Tenn-
essee . During 1940 this branch house sold about 8,000,000 pounds of
meat, 90 per cent of which was shipped to it from points outside
the State of Tennessee. Approximately 15 per cent of the meats and
meat products sold by the Company during this period were shipped
by it to points outside the State of Tennessee. The Company admits,
for the purposes of this proceeding, that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters & Butcher Workmen of North America
is a labor organization affiliated with the American Federation of °
Labor, admitting to membership employees at the Knoxville branch
house of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During June 1941, the Union, claiming to represent a majority of
the employees at the Knoxville branch house of the Company, re-
quested the Company to recognize it as the exclusive representative
of such employees. The Company denied this request until such
ARMOUR AND COMPANY OF DELAWARE 411
time as the Union is certified by the Board. A statement of the
Trial Examiner introduced in, evidence shows that the Union repre-
sents a substantial number of employees in the alleged appropriate
unit.2
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agree that all production and main-
tenance employees at the Knoxville branch house of the Company,
including truck drivers, but excluding supervisory and clerical em-
ployees and outside salesmen, constitute an appropriate unit. In
addition, the Union seeks to exclude seven persons from the unit.
The Company takes no position with respect to these seven employees.
Henry Slover, Paschal Smith, and John Henry are classified by
the Company as calf skinner, beef boner, and extra lugger, respec-
tively. Although these three persons do not work full time for the
Company, they are employed an average of 2 days per week and are
always called when the Company has work for which they are quali-
fied. Under the circumstances, we find that Henry Slover, Paschal
Smith, and John Henry should be included in the unit.
The Company has four employees classified by it as assistant
shippers., The Union contends that these employees should be ex-
cluded because their duties are supervisory in nature. These em-
ployees are charged with the duty of checking products in and out,
of the Company's branch house, and they direct the truck drivers
and luggers in the delivery and storage of merchandise. It appears
that they spend about 50 per cent of their time doing office work and
about 50 per cent of their time actually lugging beef. We find that
the assistant shippers should be included in the unit.
2 The Trial Examiner stated that the Union presented to him 17 application -for-mem-
bership cards bearing the names of persons who appear on the July 16, 1941 , pay roll
of the Company . There are 29 employees on this pay roll who are in the alleged appropriate
unit.
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees at the
Knoxville branch house of the Company, including truck drivers,
assistant shippers, Henry Slover, Paschal Smith, and John Henry,
but excluding supervisory and clerical employees and outside sales-
men, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. The Company and the Union agreed at the hearing that,
in the event the Board directs an election, eligibility to vote should
be determined by the Company's pay roll for the period ending -Au-
gust 16, 1941. We shall direct that the employees eligible to vote in
the election shall be those° in the appropriate unit who were employed
during the pay-roll period ending August 16, 1941, subject to such
limitations and additions as are set forth in the Direction.
The Union stated that it desires to appear on the ballot as "Amal-
gamated Meat Cutters & Butcher Workmen of North America, Knox-
ville Local No. 59, affiliated with the American Federation of Labor."
The request is hereby granted.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Armour and Company of Delaware,
Knoxville, Tennessee, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees at the Knoxville
branch house of the Company, including truck drivers, assistant
shippers, Henry Slover,, Paschal Smith, and John Henry, but ex-
cluding supervisory and clerical employees and outside salesmen,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
ARMOUR AND COMPANY OF DELAWARE 413
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby,
DIRucTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Armour and Company of Delaware, Knoxville, Tennessee, 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
Tenth Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among all production and maintenance employees
at the Knoxville branch house of the Company who were employed
during the pay-roll period ending August 16, 1941, including truck
drivers, assistant shippers, Henry Slover, Paschal Smith, John Henry,
and employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding super-
visory and clerical employees, outside salesmen, and employees who
have since quit or been discharged for cause, to determine whether or.
not they desire to be represented by Amalgamated Meat Cutters &
Butcher Workmen of North America, Knoxville Local No. 59, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining.