Armour & Co.

National Labor Relations Board - Board Decisions

Oct 27, 1939

16 N.L.R.B. 574 (N.L.R.B. 1939)

In the Matter of ARMOUR & COMPANY and LOCAL 261, MEAT CUTrERs
UNION
In the Matter of ARMOUR & COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, #49-A, C. I. O.
0
In the Matter Of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL #49-A, C. I. O.
Cases Nos. R-14493, R-142.4 and R-1425, respectively
Election Ordered: run-off.
SUPPLEMENTAL DECISION
SECOND DIRECTION OF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES
October 27,1939
On September 14, 1939, the National Labor Relations Board,
herein called the Board, issued a Decision and Direction of Elections 1
in the above-entitled cases. The Direction of Elections directed that
an election by secret ballot be conducted within fifteen (15) days from
the date of the Direction of Elections among all production and
maintenance employees of Armour & Company, herein called the
Company, at its 6th Street and 17th Street plants in 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 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 such pay-roll period because they were ill
1 15 N. L. it B. 268.
16 N. L. R. B., No. 60.
574
ARMOUR & COMPANY 575
or on vacation, but excluding supervisory employees, assistant fore-
men, 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 desired 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.
The Direction of Elections further directed that elections by secret
ballot be conducted within fifteen (15) days from the date of the
Direction of Elections among all clerical employees of the Company
at its branch house located at 147-07 94th Avenue, Jamaica, New
York and at its branch house located at 96 North 6th Street, Brook-
lyn, New York, 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 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 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 desired to be represented by United Packinghouse
Workers of America, Local #49-A, chartered by Packinghouse
Workers Organizing Committee, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.2
2 Pursuant to the Decision of the Board in Matter of Armour and Company and United
Packinghouse Workers of America, Local #49-A, C. I. O., Case No . R-1426 , 15 N. L. R. B.
268, which had been consolidated with the instant cases for purposes of hearing, the
Direction of Elections also directed that an election by secret ballot be conducted within
fifteen ( 15) days from the date of the Direction of Elections among all clerical employees
df the Company , as above defined , at its branch house located at 197 Fort Greene Place,
Brooklyn , New York, to determine whether or not they desired to be represented by
United Packinghouse Workers of America, Local #49-A, chartered by Packinghouse
workers Organizing Committee , affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining . Pursuant to the Direction of Elections , an elec-
tion by secret ballot was conducted under the direction and supervision of the Regional
Director for the Second Region ( New York City ). On October 5, 1939, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, issued and duly served upon the parties an Election Report
on the ballot . Thereafter Packinghouse Workers Organizing Committee , affiliated with the
Congress of Industrial Organizations , filed objections to the Election Report. No Report on
Objections has been filed , and accordingly , we make no finding herein with respect to the
result of said election . In order to expedite the proceedings in the cases in which no
objections have been filed , we separately issue our Supplemental Decision , Second Direction
of Election , and Certification of Representatives with respect to those cases.
576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Direction of Elections, an election by secret ballot
was conducted on September 29, 1939, among employees of the Com-
pany within the appropriate unit at its 6th Street and 17th Street
plants, Jersey City, New Jersey, and elections by secret ballots were
conducted on September 28, 1939, among employees of the Company
within the appropriate unit at its branch house located at 147-07
94th Avenue, Jamaica, New York, and among employees of the Com-
pany within the appropriate unit at its branch house located at 96
North 6th Street, Brooklyn, New York. Said elections were con-
ducted under the direction and supervision of the Regional Director
for the Second Region (New York City). Full opportunity was
afforded all parties to the investigations to participate in the conduct
of the secret ballots and to make challenges. On October 5, 1939,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations- Series 2,
issued and duly served upon the parties an Election Report on the
ballots. In her report the Regional Director certified that the elec-
tions were fairly and impartially conducted and that the ballots cast
were duly and fairly counted under the supervision of her agents
and that there had been filed with her by the observers statements to
that effect. No objections or exceptions to the Election Report have
been filed by any of the parties.s
As to the results of the secret ballots, the Regional Director reported
as follows :
1. 6th Street and 17th Street plants, Jersey City, New Jersey
Total number eligible to vote-------------------------------- 543
Total number of ballots cast--------------------------------- 511
Total number of ballots counted----------------------------- 510
Total number of ballots cast for Meat Cutters Union, Local 261,
chartered by Amalgamated Meat Cutters and Butcher Work-
men of North America, affiliated with the American Federa-
tion of Labor--------------------------------------------- 213
Total number of ballots cast for United Packinghouse Workers
of America, Local 81, chartered by Packinghouse Workers Or-
ganizing Committee , affiliated with the Congress of Industrial
Organizations--------------------------------------------- 126
Total number of ballots cast for neither labor organization __-_ 171
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 1
Total number of challenged ballots--------------------------- 0
O The Election Report also included the results of the election held in Case No.
R-1426. Objections were filed to the Election Report in so far as the election held in
that case was concerned . See footnote 2, supra.
ARMOUR & COMPANY 577
2. Branch house, 147-07 94th Avenue, Jamaica, New York
Total number eligible to vote________________________________ 8
Total number of ballots cast_________________________________ 8
Total number of ballots counted_____________________________ S
Total number of ballots cast for United Packinghouse Workers
of America, Local #49-A, chartered by Packinghouse Work-
ers Organizing Committee, affiliated with the Congress of In-
dustrial Organizations ----------------------------------- )
Total number of ballots cast against United Packinghouse
Workers of America, Local #49-A, chartered by Packing-
house Workers Organizing Committee, affiliated with the Con-
gress of Industrial Organizations__________________________ 3
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots__________________________ 0
3. Branch house, 96 North 6th Street, Brooklyn, New York
Total number eligible to vote ----------------------------- - 7
Total number of ballots cast________________________________ 7
Total number of ballots counted_____________________________ 7
Total number of ballots cast for United Packinghouse Workers
of America, Local #49-A, chartered by Packinghouse Work-
ers Organizing Committee, affiliated with the Congress of In-
dustrial Organizations____________________________________ 4
Total number of ballots cast against United Packinghouse
Workers of America, Local #49-A, chartered by Packing-
house Workers Organizing Committee, affiliated with the Con-
gress of Industrial Organizations__________________________ 3
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots__________________________ 0
The Election Report reveals that in the election among the em-
ployees of the Company at its 6th Street and 17th Street plants,
Jersey City, New Jersey, neither Meat Cutters Union, Local 261, nor
United Packinghouse Workers of America, Local 81, have received a
majority of the votes cast in the election. A majority of these em-
ployees have, nonetheless, indicated a desire to bargain collectively
with the Company. Meat Cutters Union, Local 261, which received
the greater number of votes validly cast in the election, has requested
the holding of a run-off election. We find that the question con-
cerning representation which has arisen can best be resolved by the
holding of a run-off election in which the employees of the Company
within the appropriate unit at its Jersey City plants will be given
the opportunity to decide whether or not they desire to be repre-
sented by Meat Cutters Union, Local 261.4 We will so direct.
'Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local
No. 2573, 16 N. L. R. B. 476.
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Election Report further reveals that a majority of the em-
ployees of the Company within the appropriate unit at its branch
house located at 147-07 94th Avenue, Jamaica, New York, and a ma-
jority of the employees of the Company within the appropriate unit
at its branch house located at 96 North 6th Street, Brooklyn, New
York, have cast their ballots for United Packinghouse Workers of
America, Local #49-A. We shall therefore certify this organization
as the exclusive representative of employees within the appropriate
unit at each of the aforesaid branch houses.
SECOND 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, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, it is hereby
DiREcTm that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Armour & Company, at its 6th Street and 17th Street plants in
Jersey City, New Jersey, an election by secret ballot shall be con-
ducted as early as possible but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision of the Regional Director for the Second Region, acting in this
spatter as an agent of the National Labor Relations Board, among
:all employees of Armour & Company ,it its 6th Street and 17th
.Street plants in Jersey City, New Jersey, who were eligible to vote
in the election of September 29, 1939, excluding those who have since
quit or been discharged for cause, to determine whether or not 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, for the
purposes of collective bargaining.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY CERTIFIED that United Packinghouse Workers of
America, Local #49-A, chartered by Packinghouse Workers Or-
ganizing Committee, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority of all
ARMOUR & COMPANY 579
clerical employees of Armour & Company at its branch house located
at 147-07 94th Avenue, Jamaica, New York, including bookkeepers,
cagemen, switchboard operators , and general office help, but excluding
the manager , assistant manager, office manager, inside salesmen, out-
side salesmen , and peddler salesmen, as their representative for the
purposes of collective bargaining , and that, pursuant to the provisions
of Section 9 (a) of the National Labor Relations Act, United Pack-
inghouse Workers of America, Local #49-A, chartered by Packing-
house Workers Organizing Committee, affiliated with the Congress of
Industrial Organizations , is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages , hours of employment , and other conditions of
employment ;
IT IS HEREBY CERTIFIED that United Packinghouse Workers of
America, Local #49-A, chartered by Packinghouse Workers Or-
ganizing Committee , affiliated with the Congress of Industrial Or-
ganizations , has been designated and selected by a majority of -all'.
clerical employees of Armour & Company at its branch house located
at 96 North 6th Street, Brooklyn, New York, including bookkeepers,
eagemen, switchboard operators, and general office help, but exclud-
ing the manager, assistant manager, office manager, inside salesmen,
outside salesmen , and peddler salesmen, as their representative for
the purposes of collective bargaining, and that, pursuant to the pro-
visions of Section 9 (a) of the National Labor Relations Act, United
Packinghouse Workers of America, Local #49-A, chartered by
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations , is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay , wages, hours of employment , and other
conditions of employment.
Mn. WILLIAM M. LEISERSON , concurring in part and dissenting in
part :
I concur in the certifications in Case No. 1424 and Case No. 1425.
In Case No. 1423, however, for reasons stated in my dissenting
opinion in Matter of Coos Bay Lumber Company '5 I would not order
a run-off election.
'Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union,
Local No. 2573 . 16 N. L . R. B. 476.