Armour & Co.

National Labor Relations Board - Board Decisions

Dec 18, 1939

18 N.L.R.B. 407 (N.L.R.B. 1939)

In the Matter of ARMOUR & COMPANY and LOCAL #566, AMALGAMATED
MEAT CuTrERS AND BUTCHER WORKMEN OF NORTH AMERICA
Case No. R-1458
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December 18, 1939
On October 24, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceedings.'. Pursuant to the Direction of Elections,
elections by secret ballot were conducted on November 21, 1939, under
the direction and supervision of the Regional Director for the
Thirteenth Region (Chicago, Illinois), among the following groups
of employees of Armour & Company, Peoria, Illinois, herein called
the Company :
(a) All production and maintenance employees, including live-
stock drivers, but excluding foremen, assistant foremen, salesmen,
teamsters, clerical and office employees, policemen or watchmen, box
pullers, supervisory employees, steady-time checkers, the firemen,
coal passers, engineers, brine men and laborers employed in the
motive-power department to determine whether they desired to be
represented by Local #566, Amalgamated Meat Cutters and Butcher
Workmen of North America, affiliated with the American Federation
of Labor, hereinafter called the Amalgamated, or by United Packing-
house Workers of America of Packinghouse Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
herein called the United, or by neither;
(b) Firemen, coal passers, and laborers in the motive-power de-
partment to determine whether they desired to be represented by
International Brotherhood of Firemen & Oilers, Local No. 8, affili-
ated with the American Federation of Labor, hereinafter called the
Firemen & Oilers, or by the United, or by neither;
'16 N . L. R. B. 334.
18 N. L. R. B., No. 60.
407
283029-41-vol. 18-27
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Engineers and brine men in the motive-power department to
determine whether they desired to be represented by International
Brotherhood of Operating Engineers, Local No. 8, affiliated with the
American Federation of Labor, hereinafter called the Engineers, or
by the United, or by neither.
On. November 28, 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. No Objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.
As to the results of the secret ballots, the Regional Director re-
ported as follows :
1. Production and maintenance employees (industrial unit)
Total number eligible_______________________________________ 305
Total number of ballots cast________________________________ 297
Total number of ballots cast for Local #566, Amalgamated
Meat Cutters and Butcher Workmen of North America,
affiliated with the American Federation of Labor___________ 183
Total number of ballots cast for United Packinghouse Workers
of America of Packinghouse Workers Organizing Commit-
tee, affiliated with the Congress of Industrial Organizations__ 78
Total number of ballots cast for neither labor organization-__ 21
Total number of challenged ballots___________________________ 15
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ -0
2. Firemen, coal passers, and laborers
Total number eligible_______________________________________ 9
Total number of ballots cast_________________________________ 9
Total number of ballots cast for International Brotherhood of
Firemen & Oilers, Local No. 8, affiliated with the American
Federation of Labor______________________________________ 9
Total number of ballots cast for United Packinghouse Workers
of America of Packinghouse Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations____ 0
'T'otal number of ballots cast for neither labor organization-___ 0
Total number of challenged ballots__________________________ 0
Total number of blank ballots________________________________ 0
Total number of void ballots________________________________ 0
3. Engineers and brine men
Total number eligible_______________________________________ 7
Total number of ballots cast--------------------------------- 7
Total number of ballots cast for International Brotherhood of
Operating Engineers, Local No. 8, affiliated with the American
Federation of Labor--------------------------------------- 7
Total number of ballots cast for United Packinghouse Workers
of America of Packinghouse Workers Organizing Committee,
attiliated with the Congress of industrial Organizations-____ 0
ARMOUR & COMPANY 409
Total number of ballots cast for neither organization___-_____ 0
Total number of challenged ballots___________________________ 0
Total number of blank ballots_______________________________ 0
Total number of void ballots _________________________________ 0
Since the counting of the 15 challenged ballots would not affect
the results of the election held among the production and mainte-
nance employees, the Regional Director recommended that they be
not opened. The Board hereby adopts the recommendation of the
Regional Director.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In its Decision and Direction of Elections, issued on October 24,
1939, the 'Board stated that the determination of the appropriate
unit or units for the purposes of collective bargaining would depend
upon the results of the elections to be held among the three groups
described above. The Board said :
If a majority of the employees in any of the groups mentioned
above select one of the organizations affiliated with the American
Federation of Labor to represent them, the employees in said
group shall constitute a separate bargaining unit. If a ma-
jority of the employees in any one group, or in each of more
than one group, select the United, all the employees in the group
or groups which so designate the United shall constitute a single
bargaining unit.
The Election Report shows, and we find, that a majority of the
employees in each of the groups have selected one of the organiza-
tions affiliated with the American Federation of Labor to represent
them. Employees in each of the groups, therefore, constitute a
separate bargaining unit.
In order to insure to employees of Armour & Company, Peoria,
Illinois, the full benefit of their right to self-organization and to
collective bargaining, and otherwise to effectuate the policies of the
Act, we find that each of the following groups of employees consti-
tute a unit appropriate for the purposes of collective bargaining :
(a) All production and maintenance employees, including live-
stock drivers, but excluding foremen, assistant foremen,
salesmen, teamsters, clerical and office employees, police-
men or watchmen, box pullers, supervisory employees,
steady-time checkers, the firemen, coal passers, engineers,
brine men and laborers employed in the motive-power
department;
(b) Firemen, coal passers, and laborers in the motive-power
department ;
(c) Engineers and brine men in the motive-power department.
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Election Report shows, and we find, that the Amalgamated,
the Firemen & Oilers, and the Engineers, respectively, have been
designated and selected by a majority of the employees in the above-
described units as their representatives for the purposes of collective
bargaining. They are, therefore, the exclusive representatives of all
employees in such units for the purposes of collective bargaining,
and we will so certify.
Upon the basis of the above findings of fact, and upon the entire
record in the proceedings, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The following employees of Armour & Company, Peoria, Illi-
nois, constitute units appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of.the National Labor
Relations Act :
(a) All production and maintenance employees, including live-
stock drivers, but excluding foremen, assistant foremen,
salesmen, teamsters, clerical and office employees, police-
men or watchmen, box pullers, supervisory employees,
steady-time checkers, the firemen, coal passers, engineers,
brine men and laborers employed in the motive-power
department;
(b) Firemen, coal passers, and laborers in the motive-power
department ;
(c) Engineers and brine men in the motive-power department.
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 Rela-
tions 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 Local #566, Amalgamated Meat
Cutters and Butcher Workmen of North America, affiliated with the
American Federation of Labor, has been designated and selected by
a majority of all production and maintenance employees of Armour
& Company, Peoria, Illinois, including livestock drivers, but exclud-
ing foremen, assistant foremen, salesmen, teamsters, clerical and office
employees, policemen or watchmen, box pullers, supervisory em-
ployees, steady-time checkers, the firemen, coal passers, engineers,
brine men and laborers employed in the motive-power department,
as their representative for the purposes of collective bargaining and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
Local #566, Amalgamated Meat Cutters and Butcher Workmen of
North America, affiliated with the American Federation of Labor,
ARMOUR & COMPANY 411
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; and
IT IS HEREBY CERTIFIED that International Brotherhood of Firemen
& Oilers, Local No. 8, affiliated with the American Federation of
Labor, has been designated and selected by a majority of firemen,
coal passers, and laborers in the motive-power department of Armour
& Company, Peoria, Illinois, as their representative for the purposes
of collective bargaining and that, pursuant to Section 9 (a) of the
National Labor Relations Act, International Brotherhood of Firemen
& Oilers, Local No. 8, affiliated with the American Federation of
Labor, 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; and
IT IS HEREBY CERTIFIED that International Brotherhood of Operat-
ing Engineers, Local No. 8, affiliated with the American Federation
of Labor, has been designated and selected by a majority of engi-
neers and brine men in the motive-power department of Armour
& Company, Peoria, Illinois, as their representative for the purposes
of collective bargaining and that, pursuant to Section 9 (a) of the
National Labor Relations Act, International Brotherhood of Operat-
ing Engineers, Local No. 8, affiliated with the American Federation of
Labor, 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.