Armour and Company

National Labor Relations Board - Board Decisions

Feb 6, 1945

60 N.L.R.B. 444 (N.L.R.B. 1945)

In the Matter of ARMOUR FERTILIZER WORKS, DIVISION OF ARMOUR
AND COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA
(CIO)
Case No. 1,0-R-1382.-Decided February 6, 1945
Mr. A. G. Henry, of Birmingham, Ala., for the Company.
Mr. G. R. Hathaway, of Atlanta, Ga.,, and Mrs. Ada Howell, of
Birmingham , Ala.; for the Union.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STAtE3IENT OF THE CASE
Upoli.a petition duly filed by United Packinghouse Workers of
America (CIO), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Armour Fertilizer Works, Division of Armour and Com-
pany, Birmingham, Alabama, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Thomas T. Purdom, Trial Examiner. Said hearing
was held at Birmingham, Alabama, on January 12, 1945. The Com-
pany and the Union appeared and participated.' All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. At the
hearing, the Union-moved to amend its petition so as to exclude watch-
men from the appropriate unit. The'Trial Examiner reserved ruling
on the motion to the Board; the motion is hereby granted. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board.
' Although served with Notice of Hearing, the Amalgamated Meat Cutters and Butcher
Workmen of North America , Local 513, A F. . L., did not appear.
60 N. L. R. B., No. 85.
444
ARMOUR FERTILIZER WORKS 445
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour Fertilizer Works, Division of Armour and Company, an
Illinois corporation with its principal office in Atlanta, Georgia, oper-
ates numerous fertilizer manufacturing plants throughout the United
States. The only plant involved in this proceeding is the plant at
Birmingham, Alabama. During the year 1944 the Company pur-
chased 28,271 tons of raw materials, consisting of potash, nitrates,
and other products used in making fertilizer, of a value in excess of
$100,000, 22.4 percent of which was obtained from outside the State
of Alabama. During the same period the Company shipped 25,151
tons of finished products, of a value in excess of $100,000, 3.06 percent
of which was shipped to points outside the State of Alabama.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
III.-THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of,a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate 2
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
We find, in substantial accord with the agreement of the parties, that
all production and maintenance employees of the Company, excluding
watchmen, clerical employees, foremen, the master mechanic , and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, -or otherwise effect changes in the status of em-
2 The Field Examiner reported that the Union submitted 22 cards ; that there are ap-
proximately 30 employees in the appropriate unit ; and that the cards were dated between
October and December 1944.
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
- We shall direct that the question concerning the representation-
which has arisen be resolved by an election by secret ballot among the
employees 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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour Fertilizer
Works, Division of Armour and Company, Birmingham, Alabama,
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 Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed, during the pay-roll pe-
riod immediately preceding the date of this Direction, including em-
ployees who did not work during the said pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees
in the armed forces of the United, States who present themselves in
person at the polls, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or re-
instated prior to the date of the election, to determine whether or not
they desire to be represented by United Packinghouse Workers of
America (CIO), for the purposes of collective bargaining.