Armour & Co.

National Labor Relations Board - Board Decisions

Nov 23, 1943

53 N.L.R.B. 843 (N.L.R.B. 1943)

In the Matter of ARMOR FERTILIZER WORKS, DIVISION OF ARMOUR' &
COMPANY and UNITED GAS, COKE AND CHEMICAL: WORKERS OF
AMERICA, C. I. O.
1.
1 1 ,
Case No. 5-B-1388.-Decided November 23, 1943
Mr. Charles J. Regero, of Jacksonville, Fla., for, the Company. r
Mr. C. W. Danenburg, of Greensboro, N. C., for the Union.,
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition' duly filed by United Gas,
Coke and Chemical Workers of America, C. I'. 0., herein called the
Union, alleging that a question affecting commerce had' arisen con-
cerning the representation of employees of Armour Fertilizer Works,
Division of Armour & Company, Greensboro, North Carolina, herein
called the Company, the National Labor Relations Board, provided
for an appropriate hearing upon due notice before Robert A. Levett,
Trial Examiner. Said hearing was held' at, Greensboro, North Caro-
lina, on November 6, 1943. The, Company land the Union' appeared;
participated, and were afforded full opportunity to be heard, to ex-
amine and cross -examine witnesses , and to introduce evidence bearing
on' the issues. The Trial Examine'r's ruling 's made at the, hearing are
free from prejudicial error and are hereby affirmed. 'All'•parties'were
afforded opportunity to file briefs with'the'Board.' ' -i; r 'trt . ,
'Upon the entire record in the case, the , Board makes the foll 'otiving;:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour Fertilizer Works, Divisi`on' of 'Armour & Company, is an
Illinois corporation operating a plant at Greensboro , North , Carolina,
where it is engaged in the operation of a fertilizer plant. During its
fiscal year ending July 1, 1943, the Company used approximately
53 N. L. R. B., No . 157. "
843
844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
52,500 tons of raw materials at its Greensboro plant, approximately 90
percent of which was shipped to it from points outside the State of
North Carolina. During the same period the Company produced
about 63,100 tons of superphosphate and fertilizer at its Greensboro
plant, all of which was shipped to points within the State of North
Carolina. We find, contrary to the Company's contentions, that it is
engaged in commerce within the meaning of the National Labor Re-
lations Act at its Greensboro plant.
II. THE ORGANIZATION INVOLVED
United Gas, Coke and Chemical Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On September 1, 1943, the Union requested the Company to recog-
nize it as exclusive collective bargaining representative of the em-
ployees at the Greensboro plant. The Company refused this request.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate."
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. TILE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all pro-
duction employees at the Greensboro plant of the Company, including
messenger boys, watchmen,2 and weighers, but excluding clerical
employees, factory clerks, timekeepers, sales department employees,
and all supervisory employees with authority to hire, promote,` dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate 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 representation which
has arisen, be resolved by means of an election by secret ballot among
' The Regional Director reported that the Union submitted 48 authorization cards bearing
apparently genuine signatures. No check was made of the cards against a pay roll because
of the Company 's refusal to submit a list of its employees . There are approximately 100
employees in the appropriate unit.
2 The watchmen are not militarized.
ARMOUR FERTILIZER WORKS 845
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIREerED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour Fertilizer
Works, Division of Armour & Company, Greensboro, North Carolina,
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
Fifth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
said Rules and Regulations, among the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during 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 them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they
desire to be represented by United Gas, Coke and Chemical Workers
of America,, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining. -
559015-44-vol. 53-55