Armour & Co.

National Labor Relations Board - Board Decisions

Jul 8, 1942

42 N.L.R.B. 169 (N.L.R.B. 1942)

In the Matter Of ARMOUR & COMPANY and PACKINGHOUSE WORKERS
ORGANIZING COMMITTEE ON BEHALF OF UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL No 13 , AFFILIATED WITH THE C I. O:
Case No B-3907 -Decided July 8, 1942
Jurisdiction : meat packing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitionei recognition until certified by the Board, election
necessary
Unit Appropriate for Collective Bargaining : all hourly paid and piece-work
production and maintenance employees, at one of Company's slaughtering
plants, including gang leaders and certain named checkers, but excluding
supervisory, general office employees, firemen, watchmen, wholesale market
employees, nine city delivery truck drivers, restaurant employees, garage em-
ployees and checkers other than those specifically included
Mr Paul E. -Blanchard, of Chicago, Ill , for the Company.
Mr James P. Dean, Mr Herbert C Keller, and Mr. Buck Whit-
taker, of Oklahoma City, Okla, for the Union
Mr. George H Gentithes, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Packinghouse Workers Organizing
Committee on Behalf of United Packinghouse Workers of America,
Local No 13, affiliated with the C I O , herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Armour & Company, Oklahoma
City, Oklahoma, heiein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Elmer P Davis, Trial Examiner Said hearing was held at
Oklahoma City, Oklahoma, on June 1, 1942 The Company and the
Union appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues The Tiial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire iecord in the case, the Board makes the following:
42 N L R B, No 36
169
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Armour & Company is an Illinois corporation with its principal
office and place of business in Chicago, Illinois It owns and oper-
ates a slaughtering plant in Oklahoma City, Oklahoma Only this
plant is involved in the present pioceedings During the fiscal year
of 1941 the Company received at the Oklahoma City plant 177,000,000
pounds of live animals and materials, of which 15 percent by weight
and 20 peicent by value originated outside the State of Oklahoma.
During this same period, the Company shipped from this plant ap-
proximately 130,000,000 pounds of finished pioducts, of which 55
percent, by weight and by value, was shipped from Oklahoma City
to points outside the State of Oklahoma The Company admits that
it is engaged in commeice, within the meaning of the National
Labor Relations Act
II THE ORGANIZATION INVOLVED
Packinghouse Workers Organizing Committee on behalf of United
Packinghouse Woikers of America, Local No 13, is a labor organiza-
tion affiliated with the Congiess of Industrial Oiganizations admit-
ting to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
On March 25, 1942, the Union iequested that the Company grant
it exclusive baigaining rights The Company declined to iecognize
the Union until an election should be held and the Union should be
certified by the Board as the sole collective bargaining agent
A statement of a Field Examiner, introduced in evidence at the
hearing, shows that the Union iepiesents a substantial number of
employees in the unit hereinafter found appiopilate 1
We find that a question affecting commerce has aiisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Laboi
Relations Act
IV TIIE APPROPRIATE UNIT
The Union petitioned for a unit consisting of all houily paid and
piece-work production and maintenance employees of the Oklahoma
City plant, excluding supervisors (comprising the superintendent, as-
sistant superintendent, foremen, assistant foremen), general office
'The Field Examiner reported that the Union had submitted 530 authorization cards
424 of which bore apparently genuine signatures of persons whose names appeared on
the Company's pay roll of April 4, 1942, contnming 938 names Four of these were
duplicates The remaining 420 cards are dated from Decembei 1941 to Januaiy 1942
ARMOUR & COMPANY 171
employees, firemen, watchmen, wholesale market employees, truck
drivers, restaurant employees, checkers, and garage employees By
stipulation during the hearing the parties agreed that no dispute
exists as to any of these classifications other than truck drivers,
restaurant employees, checkers, and garage employees They further
agreed and we find that of the 11 truck drivers, the 2 who are em-
ployed in driving trucks within the plant should be included and
the other 9 who perform delivery duties in the city, should be
excluded
The Union seeks the exclusion of all restaurant employees, while
the Company, apparently, would prefer then inclusion With the
exception of a small number of waitresses who are temporarily bor-
rowed from the Company's production departments to assist during
the lunch hour, all restaurant employees are limited in their work
to such functions as relate to the operation or maintenance of the
lunchroom Since such employees perform no production or mainte-
nance work we shall exclude them The waitresses temporarily bor-
rowed from production departments to perform restaurant services
shall be entitled to vote as production employees
The Union specifically requested the inclusion of four checkers,
namely, Elmer Kassl, Preston Hanson, Wilbur Wiseman, and Roy
Trumbley The Company took no position Since these four
checkers as distinguished from the remaining three, devote much of
their time to common labor, as well as to checking, we shall include
them as requested by the Union The Union further requested in
its petition that gar age employees be excluded Two such employees
are involved, the one being the garage foreman and the other an
assistant engaged in lubricating and washing cars Since one is ap-
parently a supervisory employee, and since the work of both differ,
materially from that of the production and maintenance employees
we shall exclude them
Evidence adduced in the course of the hearing establishes that
of the 48 men listed by the Company as foremen and assistant fore-
men, 12 are considered gang leaders The Company took no position
as to the inclusion or exclusion of this leader group, while the Union
prefers to leave the decision to the Board With the exception of two
of the gang leaders, namely, Jackson and Sakaly, the others per form
a consider able amount of manual labor Although none of the gang
leaders is empowered to hire or discharge or recommend hiring or
discharging, nevertheless_tbe two leaders above named devote most
of then time in directing and supervising the work of those in their
gang Each of these two men supervises about 50 men In view of
these facts, we shall exclude Jackson and Sakaly and include the other
10 gang leaders
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all hourly paid and piece-work production and main-
tenance employees of the Company at its Oklahoma City plant, in-
cluding gang leaders and Elmer Kassl, Preston Hanson, Wilbur
Wiseman, and Roy Trumbley, but excluding supervisors (superin-
tendent, assistant supeirntendent , foremen, assistant foremen, Jack-
son, and Sakaly), general office employees, firemen, watchmen, whole-
sale market employees, the nine city delivery truck drivers, restau-
rant employees, garage employees, and checkers other than Elmer
Kassl, Preston Hanson, Wilbur Wiseman, and Roy Trumbley, con-
stitute a unit appropriate for the purposes of collective baigainmrg,
within the meaning of Section 9 (b) of the Act
V THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning 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 Re-
lations Apt, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Armour & Company, Oklahoma City, Oklahoma, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days after the date of this Direction, under the direction
and super vision of the Regional Director for the Sixteenth 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 the employees in the unit found appropriate in Section IV
above, who are employed during the pay-roll period immediately pre-
ceding the date of this Direction, including any such employees who
did not work during such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States or temporarily laid off, but excluding any who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by Packinghouse Workers Organizing Committee
on behalf of United Packinghouse Workers of America, Local No 13,
affiliated with the C 1 0 , for the purposes of collective bargaining
In the Matter of ARMOUR & COMPANY and PACKINGHOUSE WORKERS
ORGANIZING COMMITTEE ON BEHALF OF UNITED PACKINGHOUSE WORK-
ERS OF AMERICA, LOCAL No 13, AFFILIATED WITH THE C I. O.
Case No. R-3907
CERTIFICATION OF REPRESENTATIVES
August 5, 1942
On July 7, 1942, the National Labor Relations Board issued a. Deci-
sion and Dllectlon of Election in this proceeding 1 Pursuant to the
Direction of Election, an election by secret ballot was conducted on
July 17, 1942, under the dnectlon and supervision of the Regional
Director for the Sixteenth Region (Fort Wolth, Texas) On July 27,
1942, the Regional Diiector acting pursuant to Article III, Section 9,
of National Labor Relations Boaid Rules and Regulations-Series 2,
as amended, issued and duly served upon the parties an Election Re-
port No objections to the conduct of the election or to the Election
Report have been filed by either of the parties
As to the balloting and its results, the Regional Director reported as
follows
Total on eligibility list------------------------------------ 1, 086
Total ballots cast----------------------------------------- 843
Total ballots challenged----------------------------------- 14
Total blai,k ballots---------------------------------------- 0
Total i oid ballots----------------------------------------- 5
Total valid Notes counted---------------------------------- 824
Votes cast foi PWOC on behalf of United Packinghouse Woik-
eis of Ameiica, Local #13, affiliated with the C I 0------ 718
Votes cast against PWOC on behalf of United Packinghouse
Xvoikeis of Ameiica, Local #13, affiliated with the C I O-- 106
By viitue of and puisuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat 449, and puisuant to Aitlcle III, Sections 8 and 9, of National
Labor Relations Boaid Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Packinghouse Workers Olganizing Com-
mltte on behalf of United Packinghouse Workers of America, Local
No 13, affiliated with the C I O , has been designated and selected by
142 N L R B 169
42 N L R B , No 36a
173
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a majority of all hourly paid and piece-work production and main-
tenance employees of Armour & Company, Oklahoma City, Oklahoma,
at its Oklahoma City plant, including gang leaders and Elmer Kassl,
Preston Hanson, Wilbur Wiseman, and Roy Trumbley, but excluding
supervisors (superintendent, assistant superintendent, foremen, as-
sistant foremen, Jackson, and Sakaly), general office employees, fire-
men, watchmen, wholesale market employees, the nine city delivery
truck drivers, restaurant employees, garage employees, and checkers
other than Elmer Kassl, Preston Hanson, Wilbur Wiseman, and Roy
Trumbley, as their representative for the purposes of collective bar-
gaining and that, pursuant to Section 9 (a) of the Act, Packinghouse
Workers Organizing Committee on bel alf of United Packinghouse
Workers of America, Local No 13, affiliated with the C I O , is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and_ other conditions of employment.