Armour & Co.

National Labor Relations Board - Board Decisions

Sep 14, 1939

15 N.L.R.B. 268 (N.L.R.B. 1939)

In the Matter of ARMOUR & COMPANY and LOCAL 261; MEAT
CUTTERS UNION
In the Matter of ARMOUR & COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA #49-A, C. I. 0.
In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA , LOCAL #49-A, C. I. 0.
In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA , LOCAL #49-A, C. I. 0.
Cases Nos. R-1423 to R-1426, inclusive, respectively.Decided
September 14, 1939
Meat Packing Industry-Investigation of Representatives : controversies con-
cerning representation of employees : employer questions majority of petitioning
union ; rival organizations ; controversy as to appropriate units-Units Appro-
priate for Collective Bargaining : ( 1) single unit of all production and main-
tenance employees in abattoir and in processing plant, including watchmen,
shipping clerks, retail clerks, janitors , dishwasher and chef, yard gang , store-
room man, laundry man, employees , in motive power , mechanical , and garage
departments , employees performing checking , weighing, and clerical duties inside
plants where production and maintenance work is carried on, but excluding
supervisory employees , assistant foremen, office employees , chemists, peddler
salesmen , and chauffeurs ; controversy as to status of certain supervisory
employees , and as to exclusion of chauffeurs ; ( 2) clerical employees in each
branch house, excluding supervisory employees ; salesmen with incidental
clerical duties, excluded'over objection of Company-Representatives : eligibility
to participate in choice : employees currently on pay roll ; itinerant employees
allocated to particular branch house in accordance with Company's accounting
practice-Elections Ordered
Mr. Daniel Baker, for the Board.
Mr. Walter C. Kirk, of Chicago, Ill., and Mr. Peter F. Curran, of
New York City, for the Company.
Mr. Charles J. Goldsmith, of New York City, Mr. 111. Wexler of
Jersey City, N. J., and Buitenkant c Cohen, by Mr. Arnold Cohen
and Mr. Jaques Buitenkant, of New York City, for the Meat Cutters.
Mr. Meyer Stern of New York City, and Liebman, Robbins, Press-
man & Leider, by Mr. Harold I. Cammter, of New York City, for
United Local 81 and United Local #49-A.
Mr. Robert F. Koretz, of counsel to the Board.
15 N. L. R. B., No. 35.
268
ARMOUR & COMPANY
DECISION
AND
DIRECTION OF ELECTIONS
269
STATEMENT OF THE CASES
On March 29, 1939, Meat Cutters Union, Local 261, A. F. of L.,1
herein called the Meat Cutters, filed with the Regional Director for the
Second Region (New York City) a petition, and on May 26, 1939, an
amended petition, alleging that a question affecting commerce had
arisen concerning the employees of Armour & Company, herein called
the Company, at its 17th Street plant and its 6th Street plant, Jersey
City, New Jersey.2 On April 12 and 21, 1939, United Packinghouse
Workers of America, Local #49-A, C. I. 0.,3 herein called United
Local .#49-A, filed petitions alleging that questions affecting com-
merce had arisen concerning the representation of employees of the
Company in its branch houses at 147-07 94th Avenue, Jamaica, New
York ; 197 Fort Greene Place, Brooklyn, New York ; and 96 North
6th Street, Brooklyn, New York, herein called the branch houses.4
All of the petitions requested an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act.
On April 29, 1939, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, and Article III, Section 10 (c) (2), of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice,
and further ordered that the cases be consolidated for purposes of
hearing, and that one record of the hearing be made.
On May 31, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the Meat
l Also designated in various pleadings and other papers as Local 261, Meat Cutters
Union . It is apparent from the record that the correct name of the petitioning union
is Amalgamated Meat Cutters and Butcher Workmen of North America, Local No. 261,
affiliated with the American Federation of Labor.
2A stipulation entered into by the Company and the Board shows that the Jersey City
plants are operated by Armour & Company of Delaware , a subsidiary of, and managed
and controlled by, Armour & Company, an Illinois corporation . See Section I, infra.
8 At the hearing an amendment was granted to change the number of the petitioning
union from #49 to #49-A. See footnote 9, infra.
4A stipulation entered into by the Company and the Board shows that the branch
houses are operated by Armour & Company, an Illinois corporation . See Section I, infra.
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cutters, and upon United Local #49-A.5 Pursuant to the notice, a
hearing was held on June 19, 20, 21, 22, 23, 24, and 27, at New York
'City, before William Seagle, the Trial Examiner duly designated
by the Board. On June 20, during the hearing, the Trial Examiner
..granted a petition to intervene as a party filed on that date with
him by United Packinghouse Workers of America, Local 81, herein
called United Local 81, a labor organization claiming to represent
employees of the Company at its Jersey City plants in the bargain-
ing unit claimed by the Meat Cutters. The Board and the Com-
pany appeared and were represented by counsel; the Meat Cutters,
United Local #49-A, and United Local 81 appeared and each was
represented by counsel and duly authorized representatives. All
participated in the hearing. Full opportunity to be. heard, to
examine 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 re-
viewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
The Trial Examiner reserved decision on the motions made at
the close of the hearing by the Company to dismiss the petitions
on the ground that in each of the cases herein involved the petition-
ing union had failed to establish that they represented a majority
of employees in the unit which the Company claimed to be appro-
priate for the purposes of collective bargaining. Subsequent to the
close of the hearing, the Company requested of the Board, and was
granted leave, to file a brief. Thereafter, the Company filed a brief
in which it requested an election in the case involving its New Jer-
sey plants, and again urged its previous contentions in support of its
motions to dismiss the petitions in the cases involving the branch
houses. For reasons sufficiently appearing hereinafter, the motions to
dismiss, the petitions in all cases are hereby denied.
Upon the entire record in the case, the Board makes the following :
5 Copies of the notice of hearing were also served upon Amalgamated Meat Cutters and
Butcher Workmen of North America, affiliated with the American Federation of Labor ;
Bookkeepers , Stenographers & Accountants Union, A. F. of L.; and Bookkeepers , Stenog-
raphers & Accountants Union, Local 16, C. I . O. These organizations neither appeared
nor participated in the proceedings . According to a statement made upon the record
by the Trial Examiner during the hearing on June 19, a representative of wholesale Meat
Distributors Union of Greater New York , Local 640 , A. F. of L., during a recess, had
indicated his intention of filing a petition to intervene in the proceedings on behalf of
that organization , which claimed to represent employees of the branch houses. Subse-
quently, counsel for this organization stated that it did not wish to intervene.
ARMOUR & COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
271
Armour & Company, an Illinois corporation, directly and through
subsidiaries, operates approximately 30 meat-packing plants located
in some 23 States and about 300 wholesale meat-distributing houses
known as branch houses throughout the United States. During the
fiscal year ending October 29, 1938, the Illinois corporation, includ-
ing its subsidiaries, handled a volume of sales amounting to
$723,537,907.
Armour & Company of Delaware, a Delaware corporation which
is a subsidiary of, and is managed and controlled by, the Illinois
corporation, operates an abattoir on 6th Street and a processing
plant on 17th Street in Jersey City, New Jersey. During the fiscal
year ending October 29, 1938, Armour & Company of Delaware pur-
chased and slaughtered 229,987 hogs at the abattoir and processed
the meat at the processing plant. About 99.5 per cent of this live-
stock originated in States other than New Jersey and is either pur-
chased from commission men doing business in the Jersey City
stock yards or purchased elsewhere by the Illinois corporation and
shipped directly to the abattoir. Approximately 74 per cent of the
products of the Jersey City plants are distributed throughout other
:States. Delivery of fresh meats and other perishable products is
effected chiefly by means of refrigerator cars and trucks. It was
estimated that there are over 100 employees at the abattoir and about
520 employees at the processing plant.
The branch houses are operated by Armour & Company. Their
operations are limited , to the wholesale distribution of meats and
meat-food products and some processing or prepartion of meat.
products. Practically all of the products sold and distributed by the
branch houses are delivered to them from outside of New York
State in refrigerator cars and trucks. During the fiscal year ending
October 29, 1938, the branch houses handled the following volume
of business : North 6th Street, 21,182,637 pounds; Fort Greene Place,
21,563,482 pounds; Jamaica, 12,090,251 pounds. Most of the sales are
made in New York State, although 2.5 per cent of the sales made at
the North 6th Street branch house are made outside of the State.
II. THE ORGANIZATIONS INVOLVED
Meat Cutters Union, Local 261,8 is a labor organization chartered
by Amalgamated Meat Cutters and Butcher Workmen of North.
America, affiliated with the American Federation of Labor. It admits
O See footnote 1.
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to membership production and maintenance employees of the Com-
pany at its Jersey City plants, excluding office workers, supervisory
-employees, and teamsters.7
United Packinghouse Workers of America, Local 81, is a labor
organization chartered by Packinghouse Workers Organizing Com-
mittee, affiliated with the Congress of Industrial Organizations.
It admits to membership production and maintenance employees of
the Company at its Jersey City plants, excluding office workers,
supervisory employees, and teamsters .8
United Packinghouse Workers of America, Local #49-A, is a
labor organization chartered by Packinghouse Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations.
It admits to membership clerical and office employees in the branch
houses here involved, excluding supervisory employees.
III. THE QUESTIONS CONCERNING REPRESENTATION
A. The Jersey City plants
The Meat Cutters began to organize the employees of the Com-
pany at its Jersey City plants early in 1939. In March 1939, a commit-
tee representing the Meat Cutters called upon the manager of the Jer-
sey City plants, stated that the Meat Cutters represented a majority of
the employees, and submitted a contract providing for recognition of
the Meat Cutters as the exclusive bargaining agency of the Com-
pany's employees. At a later date, the manager returned the con-
tract to the committee and stated that he could not recognize the
Meat Cutters as the exclusive bargaining agency for the Company's
employees because he doubted that they represented a majority.
United Local 81 also claims that it represents a majority of the
Company's employees at its Jersey City plants. Organizational ac-
tivities on its behalf have continued since October 19378 Organizers
for United Local 81 testified that many of the Company's employees
have indicated their desire to be represented by it, but that their
organizational efforts had been abortive because of opposition, until
recently, by the municipal authorities io
7 Although there is no statement in the record concerning eligibility to membership in
either the Meat Cutters or United Local 81, it is apparent from their contentions as to
the appropriate unit that eligibility to membership is as here stated.
s See footnote 7, supra.
At that time organizational activities were undertaken on behalf of United Meat
Workers of America, Local 635, a labor organization affiliated with the Committee for
Industrial Organization ( now the Congress of Industrial Organizations ). In February
the name of this organization was changed to United Packinghouse Workers of America,
Local #49 , which subsequently was divided into seven locals, one of which is United
Local 81, and another is United Local #49-A.
10 See Hague v. Committee for Industrial Organization, 307 U: S. 496.
ARMOUR & COMPANY 273
B. The branch houses
United Local #49-A11- claims that it represents a majority of
clerical employees, excluding supervisory employees, at each of the
branch houses. At the hearing the Company contended that inside
salesmen, outside salesmen, and peddler salesmen, as well as the
clerical employees at each of the branch houses, should be included
within the bargaining units, and urged that the petitions be dis-
missed on the ground that United Local #49-A offered no evidence
that it represented a majority of employees in such units.
We find that questions have arisen concerning representation of
employees of the Company at the Jersey City plants and at the
branch houses.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I- above, have a close, intimate, and substantial
relation to trade, .traffic, and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
A. The Jersey City plants
During the hearing the Company, the Meat Cutters, and United
Local 81 agreed that an appropriate unit for the purposes of col-
lective bargaining should consist of all production and maintenance
employees in both Jersey City plants, including watchmen, em-
ployees performing checking, weighing, and clerical duties inside
the plants where the production and maintenance work is carried
on, employees in the motive-power department, the mechanical de-
partment,'-and. the garage department, shipping clerks, and retail
clerks. No objection was raised by any of the parties. to the in-
clusion of the following employees in the bargaining unit: janitors;
dishwasher and chef; yard gang; storeroom man; and laundry
man 12 We find that the above employees are either engaged in
production and maintenance work or perform duties closely con-
nected thereto, and we shall therefore include them in the unit.
"See footnote 9.
"The parties . treated these employees as part of the unit when the Neat Cutters
sought to establish their claimed majority by the introduction in evidence of union
records at the hearing.
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It was agreed by these parties that the following employees should
be excluded from the unit : supervisory employees, including assistant
foremen; 13 all clerical help doing work in the Company offices,
separate and apart from the production and maintenance workers;
chemists; peddler salesmen; and T. Hannigan, classified as a tempo-
rary watchman. We shall therefore exclude them.
United Local 81 and the Company claim that certain persons whom
the Meat Cutters would exclude as supervisory employees should
not be so classified and should be included within the bargaining
unit. One of these, E. Richardelli, classified on the Company's pay
roll as "table supervisor," delivers to the sausage-linking tables sup-
plies and iron frames on which sticks of, sausages are hung. In the
absence of the general assistant foreman, he tells the employees
working at the tables which frame to fill next. He has no assistants;
he is paid less than the men working at these tables; and the Meat
Cutters have accepted his membership application.. We shall in-
clude him in the unit. P. Starta and W. Keirra, both classified on
the Company's pay roll as "keyman and strawboss," are in charge of
handling incoming and outgoing meat in the dry-cure cellar and
the sweet-pickle cellar, respectively. The general foreman gives
them the record cards of the meat that is to be removed. They each
have several assistants whom they instruct in the placing of the meat
for curing and in the removal of the meat for delivery to the ship-
ping room. Both receive a higher wage rate than their assistants.
J. Buonfiglio, also classified as "keyman and strawboss," performs
similar work in the shipping room. He directs assistants to meat
which is to be shipped, inspects the meat, directs its packing, and
registers the shipments. He also is paid a higher wage rate than
his assistants. J. Vazzano, classified as "working supervisor," and
H. Coyne, classified as "butter tub cooper-strawboss," according to
the testimony of the superintendent of the plants, should more prop-
erly be classified as gang leaders. Vazzano works with five girls in
the casing room. Although this room is under the supervision of
the general sausage foreman, his duties necessitate his absence from
the casing room a considerable part of the time, and he looks to
Vazzano to see that the work is properly performed. Vazzano is:
paid a higher wage rate than laborers in the plant, and a consi4ler-
ably higher rate than the girls with whom he works. Coyne has a.
similar status in the cooperage department, where he works with Ave.
or six employees. This department is also separated from, the gen-
eral plant work, and the foreman whose jurisdiction includes this
is The names of certain supervisory employees whom the parties agreed to exclude.
were read into the record ; they are : J. Ennis, J. Hilmer , D. Rothberg , L. Bernier, F.
Venner, J. Ziolko, L. L. Adams, C. Scecchitano, G. Schade, F. Crown, J. Daly (night-
foreman ), W. Malone, W. Kahle, A. Zimmerling , L. Hunter, C . Karolewski , and W. Long..
ARMOUR & COMPANY 275,
department relies upon Coyne, who supervises the other men in the:
foreman's absence, to see that their work is done. In view of their
supervisory duties, and in view of the conflicting claims of the rival'
unions, we shall, exclude Starta, Buonfiglio, Keirra, Vazzano, and
Coyne from the unit 14 No evidence was introduced concerning the.
duties of B. Kelly, classified as "working foreman." In the absence
of such evidence, we shall assume that his duties are similar to those
of other employees thus classified, and we therefore shall exclude him:
from the unit.
Both unions request the exclusion from the unit of chauffeurs 16-
engaged in delivering products between the two plants and in making'
deliveries to customers; the Company contends that they should be-
included. Since their work differs from that of other production
and maintenance employees and they are eligible to membership in
another labor organization in which they have applied for member-
ship, 16 and since both unions desire their exclusion, we will exclude'
them.
We find that all production, and maintenance employees of the.
Company at 'its Jersey City plants, including watchmen, employees;
performing checking, weighing, and clerical duties inside the plants:
where the production and maintenance work is carried on, employees,
in the. motive-power department, the mechanical department, and
the garage department, shipping clerks, retail clerks, janitors, dish-
washer and chef, yard gang, storeroom man, and laundry man, but-
excluding supervisory employees, assistant foremen, all clerical help
doing work in the Company -offices, separate and apart from the pro-
duction and maintenance workers, chemists, peddler salesmen, chauf-
14 Cf. Matter of Rex Manufacturing Co., Inc. and A. F. of L. Federal Local Union No.
20893, 7 N. L. R . B. 95; Matter of A. Fink and Sons Co. and Amalgamated Meat Cutters
& Butcher Workmen of N. A., Local 422, A. F. of L., 9 N. L. R . B, 441; Matter of Walla
Walla Meat &' Cold Storage Co. and Amalgamated Meat Cutters and Butcher Workmen
of North America, Local No. 275, Affiliated with the A. F. of L ., 9 N. L. R. B. 1183 ;
Matter of The Electric Auto-Lite Company, American Enameled Magnet Wire Division
and International Association of Machinists, Local 218 , et a1_ 10 'N. L. R. B. 1239;
Matter of The Cudahy Packing Company and United Packinghouse Workers of America,
Local No. 21, of the Packinghouse Workers Organizing Committee , etc., 13 N. L. it. B. 526,
In Matter of The Electric Auto-Lite Company, American Enameled Magnet Wire Division,
and International Association of Machinists , Local 218, et al., supra, we stated : " Where,
as here, rival unions make conflicting claims in regard to the inclusion In a unit made
up 'of , production employees ; of employees whose duties are on the borderline between,
production and management ,. we have ordinarily excluded them."
15 C. Lyons , N. Glarra , E. Coyle, C. Johnson.
19 A representative of this organization, referred to upon the record as the "Teamsters
Union," testified. at the hearing that It would insist upon . bargaining for them even it
included in the unit . . Truck drivers ( chauffeurs or teamsters ) have often been excluded,
by the 'Board from units of production and maintenance employees . Matter of Swift &
Co. (United Dressed Beef Co., J. J. Harrington, N. Y. Veal & Mutton Co.) and Committee
for Industrial Organization on Behalf of the Employees of Swift & Co., et al., 11 N. L.
it. B. 950; Matter of Seymour Packing Company and Amalgamated Meat Cutters' and
Butcher Workmen of North ,America, Local No. 176, affiliated with the A . F. of L., 12
N. L. R. B . 1098, and cases therein cited In footnote 5.
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
feurs, and T. Hannigan constitute a unit appropriate for the pur•
poses of collective bargaining and that said unit will insure to em-
ployees of the Company at its Jersey City plants. the full benefit of
their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
B. The branch houses
In its petitions United Local #49-A claims that "all clerical
employees excluding the office manager, but including bookkeepers,
cagemen, switchboard operators and general, office help" 17 at each
of the branch houses constitute an appropriate unit for the pur-
poses of collective bargaining. The Company and United Local
#49-A agreed that the manager, the assistant manager, and the
office manager be excluded at each branch as supervisory employees,
and we shall therefore exclude them.
As stated in Section III above, the Company contends that inside
salesmen , outside salesmen, and peddler salesmen, together with said
clerical employees, at each branch house, constitute an, appropriate
unit. In support of its contention, the Company points to certain
activities of a clerical nature which are performed by inside sales-
men and, to a lesser degree , by outside salesmen and peddler sales-
men. The Company further contends that by maintaining one pay
roll for office workers and salesmen, and another for processing _and
maintenance workers, the salesmen are definitely placed in the cate-
gory of office employees.
Although inside and outside salesmen and peddler salesmen per-
form duties which are clerical in nature, such as corresponding with
customers, making out sales tickets, keeping records of stock sold,
placing orders for new stock, these activities are merely incidental
to their work as salesmen . The record discloses that the duties of
inside salesmen require an expert knowledge of meat; that their
average wage is considerably higher than that paid to office workers;
and that their place of work, the conditions under which they work,
and their hours of work further differentiate their employment from
that of the clerical employees. Outside salesmen and peddler sales-
men have even less in common with the clerical employees as they
spend but a short time each day at the branch houses,; their duties,
working conditions, wages, and hours, of work also differentiate them
from the clerical employees. The president of United Local #49-A
testified at the hearing that it had made no attempt. to organize the
salesmen and that none of them are admitted to membership in the
union.18 Moreover, when a strike was called in December 1938 by
17 The petitions were amended at the hearing. without objection, to so read.
"Peddler salesmen are members of another union.
ARMOUR & COMPANY 277
United Meat. Workers of America, Local 635,19 the processing and
operative employees and the clerical employees left their work, but
the salesmen did not join them. Under these circumstances we see
no reason to include. salesmen in the units.20
We therefore find that all clerical employees of the Company at
each of its branch houses, including bookkeepers, cagemen, switch-
board operators, and general office help, but excluding the manager,
assistant manager, office manager, inside salesmen, outside salesmen,
and peddler salesmen, constitute units appropriate for the purposes
of collective bargaining and that said units will insure to the em-
ployees of the Company at its branch houses the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate .the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
A. The Jersey City plants
An analysis of the Company's pay roll. for the pay-roll period
ending June .10, 1939, which was introduced into evidence, shows
that approximately 491 employees are in the appropriate unit.', The
Meat Cutters introduced into evidence application cards, and they
offered other cards the authenticity , of which was challenged and
the admission of which into evidence was reserved by the Trial
Examiner for decision by the Board. We find it unnecessary to rule
upon the admissibility of the additional cards. A comparison of all
of the cards with the pay roll shows that less than a majority of
employees in the appropriate unit whose names appear on the pay
roll have signed these cards. The Meat Cutters claimed that certain
persons who -signed cards, but whose names do not appear on the
pay roll, should' also be included in the unit because they were regu-
lar employees temporarily laid off. While we are of the opinion that
all regular employees who are temporarily laid oft should be eligible
to designate representatives, there is nothing in the record to indi-
cate the number of employees in.this category, other than those who
have signed cards, on June 10, 1.939, or at the time of the hearing,
and consequently it is impossible to determine on the basis of the
cards introduced or offered by the Meat Cutters that they repre-
sented a majority of employees within the unit.22
19 See footnote 9, supra.
40 In Matter of Armour t Co. and The Committee for Industrial Organization , et al.,
4 N. L. R. B. 951 , we found that processing and operative employees in each branch
house constituted an appropriate unit. Salesmen were excluded from these units.
21 At the hearing the Company conceded that four additional names of employees in the
-appropriate unit should appear on the pay roll , and we have treated them as if their
names had so appeared.
A Cf. Matter of Minneapolis -Moline Power Implement Company and International Aaso-
eiation of Machinists, Local #lo37, by District Lodge 77 (A. F. of L.), 14 N. L. R. B.
X20.
199549-39-vol. 15-19
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Local 81 offered no evidence to prove its claimed majority,
offering the explanation stated above,23 and requested an election to
resolve the question concerning. representation of employees. The
Company also contends that an election is necessary to ascertain the
desires of the employees.
We find that the question concerning representation of employees
of the Company at its Jersey City plants can best be resolved by the
holding of an election by secret, ballot.
The record discloses that employees who are' laid off retain their
seniority and other privileges for a period of 60 working days, and
we therefore shall consider such employees as eligible to vote in an
election. In view of the intermittent fluctuations in the size of the
working force in the business here involved, and inasmuch as many
persons who were laid off, for less than 60 days prior to the pay-roll
period ending June 10, 1939, may no longer retain their seniority,
we are of the opinion that eligibility to vote in the election may
appropriately be determined on the basis of the pay-roll period
immediately preceding the date of the Direction of Election.24
We shall direct that employees of the Company at its Jersey City
plants within the appropriate unit, who were employed by the Com-
pany during the pay-roll period immediately preceding the date of
the Direction of Election, including employees who, as of such period,
had been laid off less than 60 working days, employees who did not
work during the pay-roll period because they were ill or on vacation,
but excluding any such employees who have since quit or been dis-
charged for cause, shall be eligible to vote in the election.
B. The branch ho2tses
At the hearing. the Company's pay rolls for. each of the branch
houses for the pay-roll period ending June 10, 1939, were introduced
into evidence. United Local #49-A introduced into evidence mein-
bership application cards, dated October or November 1938, signed
by employees in the appropriate unit at each of the branch houses,
and records of dues received from employees who signed cards.
There are 12 employees in the appropriate unit whose names appear
on the Fort Greene Place pay roll, and United Local #49-A offered
cards signed by 7 of the 12. The,Company contended that two of
the employees who signed cards, B. Matulonis and H. Strasser, did
not have sufficient status as .employees at this branch house to be
entitled to a voice in the selection of 'representatives. As we shall
point out, the contention is without merit. However, two other em-
23 See Section III A, supra.
24 Cf. Matter of Armour ct Company and Packing House Workers Organizing Committee
for United Packing House Workers, Local 347, et at., 8 N. L. B. B. 1100, 1120.
ARMOUR & COMPANY 279
ployees, on the pay roll at this branch house and who signed cards,
W. Hattaway and J. Gibson, testified at the hearing that they no
longer desired to be represented by United Local #49-A. We find
that the question concerning representation at the branch house lo-
cated at Fort Greene Place can best be resolved by holding an election
by secret ballot.
Of the eight employees in the unit whose names appear on the
Jamaica pay roll, United Local #49-A introduced into evidence
cards signed by five: One of these five had not paid dues since Feb-
ruary 1939.25 Of the seven employees in the unit whose names appear
on the North 6th Street pay roll, United Local #49-A introduced into
evidence cards signed by five. The Company questioned the authen-
ticity of the signature appearing on one of those cards.
Under the circumstances, we are of the opinion that the questions
concerning representation can best be resolved through elections by
secret ballot .2111
Matulonis and Strasser, referred to above, were employed by the
Company at the time of the hearing, in its several branch houses in
the vicinity of New York City, as substitutes for office employees
who were on vacation. Although they were not employed at Fort
Greene Place at the time of the hearing, they were regularly em-
ployed there within the past year, and their names have been placed
upon this pay roll. We have considered the testimony to the effect
that the names of these employees were placed upon the pay roll for
convenience in keeping records for purposes of Social Security and
Unemployment Insurance taxes, and that it was impossible to predict
their return to work at the Fort Greene Place branch house, but we
are of the opinion that they should not be deprived of their right to
select representatives for the purposes of collective bargaining because
of their itinerant duties. As the Company has seen fit to keep their
names upon the pay roll at the Fort Greene Place branch house, we
find that this is an appropriate situs for voicing their choice of a
representative.
26 The president of United Local #49-A testified that a member is no longer in good
standing after he is more than 3 months in arrears in dues payments , although he is not
dropped from the membership rolls until he is 4 months in arrears . The Company ob-
jected to all of the cards introduced into evidence by United Local #49-A on the ground
that they antedate the strike which occurred during December 1938, and therefore do
not accurately reflect the true desires of the employees . Although we find this objection
untenable as to employees who have made current dues payments , we are of the opinion
that this objection is entitled to consideration in a proceeding for investigation and
certification of representatives upon the question of whether an election should be
ordered.
20 In Matter of Armour c& Company and United Packinghouse Workers, Local Industrial
Union No . 13 of Packinghouse Workers Organizing Committee , affiliated with C. I. 0.,
13 N. L . R. B. 567 , we said : "Any negotiations entered into pursuant to a deter-
mination of representatives by the Board will be more satisfactory if all disagreement
between the parties regarding the wishes of the employees has been, as far as possible,
eliminated."
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall direct that employees of the Company within the appro-
priate unit at each of its three branch houses who were employed by
the Company during the pay-roll period immediately preceding the
date of the Direction of Elections, including employees who, as of
such period, had been laid off less than 60 working days," employees
who did not work during the pay-roll period because they were ill
or on vacation, but excluding any such employees who have since quit
or been discharged for cause, shall be eligible to vote in the elections.
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. Questions affecting commerce have arisen concerning the 'repre-
sentation of employees of Armour & Company at its plants at 17th
Street and 6th Street, Jersey City, New Jersey; and at its branch
houses at 147-07 94th Avenue, Jamaica, New York; 197 Fort Greene
Place, Brooklyn, New York; 96 North 6th Street, Brooklyn, New
York, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
its Jersey City plants, including watchmen, employees performing
checking, weighing, and clerical duties inside the plants where the
production and maintenance work is carried on, employees in the
motive-power department,.the mechanical department, and the garage
departmelit,'shipping clerks, retail. clerks, janitors, dishwasher and
chef, yard gang, storeroom man, and laundry man, but excluding
supervisory employees, assistant foremen, all clerical help doing work
in the company offices, separate and apart from the production and
maintenance workers, chemists, peddler salesmen, chauffeurs, and T.
Hannigan, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. All clerical employees of the Company at each of the branch
houses, including bookkeepers, cagemen, switchboard operators, and
general office help, but excluding the manager, assistant manager,
office manager , inside salesmen, outside salesmen, and peddler sales-
men constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
27 Although no evidence was introduced as to whether the 60-day seniority rule is
applied by the Company to clerical employees at the branch houses, in accordance with
our practice of including employees temporarily laid off as eligible to vote , and in view
of the evidence concerning the Jersey City plants and of our Decisions in other proceedings
involving Armour & Company , we are of the opinion that this is an appropriate definition
of employees temporarily laid off . Cf. Matter of Armour i Company and United Packing-
house Workers, Local Industrial Union A'o. 13 of Packinghouse Workers Organizing Com-
mittee, affiliated with C. I. 0., 13 N. L. R. B. 567.
ARMOUR & COMPANY
DIRECTION OF ELECTIONS
281
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
National Labor Relations Board Rules and Regulations-Series 2, it
is hereby
DIREcTLD that, as part of the investigation ordered by the Board
to ascertain representatives. for the purposes of collective bar-
gaining with Armour & Company, at its 6th Street and 17th
Street plants in Jersey City, New Jersey, an election by secret ballot
shall be conducted within fifteen (15) days from the date of this
Direction of Election, under the direction and supervision of the
Regional Director for the Second'Region (New York City), 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 of the Company
at its 6th Street and 17th Street plants at Jersey City, New Jersey,
including watchmen, employees performing checking, weighing,. and
clerical duties inside the plants where the production and maintenance
work is carried on, employees in the motive-power department, the
mechanical department, and the garage department, shipping clerks,
retail clerks, janitors, dishwasher and chef, yard gang, storeroom
man, and laundry man, who were employed by the Company during
the pay-roll period immediately preceding the date of this Direction
of Election, including employees who, as of such period, had been
laid off less than 60 working days, employees who did not work dur-
ing such pay-roll period because they were ill or on vacation, but
excluding supervisory employees, assistant foremen, all clerical help
doing work in the Company offices, separate and apart from the
production and maintenance workers, chemists, peddler salesmen,
chauffeurs, T. Hannigan and any such employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Meat Cutters Union, Local 261, chartered
by Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the American Federation of Labor, or by
United Packinghouse Workers 'of America, Local 81, chartered by
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither; and it is further
DinEcmEn that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Armour & Company at its branch houses located at 147-07 94th
Avenue, Jamaica, New York; 197 Fort Greene Place, Brooklyn, New
York; 96 North 6th Street, Brooklyn, New York, elections by secret
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ballot shall be conducted within fifteen (15) days from the date of
this Direction of Elections under the direction and supervision of
the Regional Director for the Second Region (New York City),
acting in these matters as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations, among all clerical employees of the Company at each of said
branch houses, including bookkeepers, cagemen, switchboard opera-
tors, and general office help who were employed by the Company
during the pay-roll period immediately preceding the date of this
Direction of Election, including employees who, as of such period,
had been laid off less than 60 working days, employees who did not
work during such pay-roll period because they were ill or on vacation,
but excluding the manager, assistant manager, office manager, inside
salesmen, outside salesmen, and peddler salesmen, and any such em-
ployees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by United Packinghouse
Workers of America, Local #49-A, chartered by Packinghouse
Workers Organizing Committee, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining.