Armour & Co.

National Labor Relations Board - Board Decisions

May 30, 1944

56 N.L.R.B. 1066 (N.L.R.B. 1944)

In the Matter of NEW YORK BUTCHERS DRESSED MEAT COMPANY,
DIVISION OF ARMOUR ` & COMPANY' and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL 112, C. I. O.
Case No.2-R-407.-Decided May 30,.1944
Mr. Peter Curran, of New York City, for the Company.
Mr. Ray Hobbs, of New York_City, for the Union.
Mr. Ogden W. Fields, of counsel to the Board.
DECISION
AND
DIRECTION OF, ELECTION
STATEMENT OF THE CASE
I
Upon a petition duly filed by United Packinghouse Workers of
America, Local 112, C. I. O:, herein', called the Union, alleging that.
a question affecting commerce had arisen concerning the representa-
tion of employees of Armour & Company, doing business as' New
York Butchers Dressed Meat Company, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before John J. Cuneo, Trial' Examiner.,
Said hearing was held at New, York City, on April 12, 1944. The
Company and the Union, appeared and participated.- All parties-
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and tQ introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour & Company is an Illinois corporation maintaining its
principal office and place of business at Union Stockyards, Chicago,
I The Amalgamated Meat Cutters & Butchers Workmen of North America , affiliated with
the A. F. of L., was served with notice of the hearing but failed to appear.
56'N. L. R. B. No., 188.
1066
NEW YORK--BUTCHERS DRESSED MEAT 'COMPANY 1067'
Illinois. - It operates-approximately 30 meat packing plants and ap
proximately 300 wholesale meat distributing houses, commonly known
as "branch houses," located throughout the United'States. The plant
situated at 600 West 40th Street, New York City, owned and operated,,
by Armour & Company under the trade name and style of New York
Butchers Dressed Meat Company and herein.referred to as the-New
York plant, is solely involved in this proceeding.. At its New York
plant the Company is engaged in slaughtering; processing, selling,
and, distributing beef, cattle, sheep, lambs, and calves. For the an,
nual period ending on or about April 1, 1944, the Company purchased
livestock, for use at its New York plant, in excess of 100,000,000 pounds,
all of which was shipped to this plant from - points'outside the ,Stat.
of New York. During the same period, the New York plant processed
meats in excess of 100,000,000 pounds, of which approximately 20
percent was shipped to places outside the State of New York. '
The Company admits that at its New York plant it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, Local 112, affiliated
with the Congress of Industrial Organizations, is a labor organiza--
tiori admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
.The Company has -refused to grant recognition to the Union as.
the exclusive bargaining representative of certain of its employees.
until the Union has been certified by the Board in an` appropriate
unit.
' A statement of a' Board Field Examiner, introduced into evidence
at the hearing, indicates that the Union represents a substantial num=
ber of employees in' the unit hereinafter found appr6px' iate.2
We find that a question affecting commerce *hap 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. THE APPROPRIATE UNIT
The Union and the Company are currently operating under a col-
lective bargaining contract covering; inter alia, the production em-
ployees of the Company's New-York plant, excluding Schochtim,3 as
2 The Field Examiner reported that the Union submitted 19 authorization cards ; that the
names of 19 persons appearing on the cards were listed on the Company 's pay roll of January -
26, 1944 , which contained the names of 29 employees in the appropriate unit; and that,the
cards were all dated January 1944 -
2 The Hebrew term "Schochtim ," as generally used in the industry , includes schochtim,
seaichers and plumbelers who ate engaged in slaughtering and preparing animals in con- -
formance with Jewish Orthodox law and tradition.
068 " DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
a result of a prior'proceeding_ before the Board involving the New
York plant in which all parties agreed to exclude Schochtim from the
unit.4 In the instant proceeding, the Union seeks a unit composed
of all schochtim, searchers and plumberers employed at the Coln-
pany's -New York plant, including the ticketman, but excluding super-
visory and all other employees. The Company apparently contends
that those persons whom the Union would include in its proposed unit
are not "employees" within the meaning of the Act. The Company
predicates its position on the fact that the. procedures followed by
these" persons in the performance of their ' functions ,are prescribed- by
Jewish Orthodox law and tradition and that ,the Company conse-
quently does, not supervise their work.' r
The Company is engaged in the sale of kosher meat, meat derived
from animals which are slaughtered and prepared in accordance with
,the Jewish code; by, schochtim and searchers of the Jewish faith well
versed in Jewish laws, rules and regulations pertaining to the kosher-
ing of animals. The schochtim slaughter and the searchers examine
animals internally and externally. These individuals are examined
concerning their knowledge of the Jewish laws by one or more ordained
Rabbis and, if-successful in passing such examinations, are granted a
,certificate to ,perform their'-respective functions. The "pl'umberers,
whose function it is to attach tags or other insignia, to the kosher-killed
animal to indicate that it is fit for kosher consumption, are not required
to have any comprehensive knowledge of the laws, nor are they certified,
but they must be approved by a Rabbi as adhering to and living in
accordance with the Jewish Orthodox faith. The duties of the ticket-
man are similar to those of the plumberer and he. is sometimes referred
to as such. The ticketman makes out the tickets or tags which are at-
tached to the slaughtered animal by the plutnberer. The plumberer
also assists in preparing the tickets. In the absence of the plumberer
the ticketman• may substitute in his place. None of the functions per-
formed by any of these categories. of workers is analogous to any
' work performed by any other employees. of 'the Company: The two
kosher slaughtering departments, in, one of which lambs and calves
are slaughtered and, in the other, cattle or beef, are located on floors of
the plant building not occupied by the non-kosher departments.
Schochtim, searchers, plumberers and the ticketman are immediately
supervised by their own foremen who are themselves schochtim, and
who, in turn, are supervised by a Rabbinical Board established to assure
the Jewish people in the community that animals'are killed according
to the Jewish code.5
' Matter of New York Butchers Dressed Meat Company, Division of Armour & Company
of Delaware, 45 N L. R B 816
Kosher-killed animals are also inspected by Federal meat inspectors,
NEW YORK BUTCHERS DRESSED MEAT COMPANY 1069
The record discloses that the Company hires the schochtim, search-
ers, plumberers, and ticketman,, determines and pays them a weekly-
guaranteed wage, makes Social Security deductions from their wages,
fixes their hours of work and the number of animals to be slaughtered,
and decides the number of such individuals to be laid off or rehired. In
addition, the schochtim, searchers, plumberer and ticketman enjoy, all
the privileges extended to the other employees of the Company; in-
cluding vacations, overtime pay, Social Security benefits, and' group
insurance. The record also discloses that their hours are similar to
those of the "dressing employees"' with whom they work side by
side, handling and working on the same animals they declare to be
kosher, and that they punch a time clock as do other employees. ,
From the foregoing facts it is clear that the Company controls the
working conditions of the schochtim, searchers, plumberers, and ticket-
man. While it is true that the ritual pursuant to which these in-
dividuals perform their duties is necessarily outside the Company's
control,, it is apparent that the Company stands in the position of
their employer. We find, therefore, that the - schochtim, searchers,
plumberers and ticketman are "employees" of the Company within the
meaning of the Act., Moreover, their special training, skills, and
common interests impel the conclusion that they constitute an appro-
priate unit.e
We find that the schochtim, searchers, plumberers and ticketman em-
ployed by the Company at its New York plant,'excluding foremen and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes iia the status of em-
ployees, or effectively recommend such action, and all other employees
constitute a unit appropriate for the purposes of collective_bargain-
ing within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the schochtim, searchers, plumberers and ticketmen em-
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.10
9 Hiring takes place after these employees have been approved by the supervisory schochet
and Rabbinical Board.
7 "Dressing employees" are also referred to as gutters , scribers , and tail pullers These
employees perform certain functions on the kosher animal and work in conjunction with
the Schochtim , but are not connected in any way with the Jewish faith. Nor do they per-
form any religious functions in respect to their work. These employees are covered by the
current contract between the Union and the Company covering production employees.
0 See N. L. R. B. 'v. Hearst Publications , 322 U. S. 111, reversing 136 F. ,( 2d) 608
(C C A 9), setting aside 39 N. L. R. B. 1245 and 1256.'
See Matter of Swift if Company, 11 N. L. R B. 951.
10 The Union requested that it be designated on the ballot as its name appears in the
Direction of Election.
587784-45-vol. 56-69
1
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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,
and pursuant to Article III, Section 9, of National ' Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives'for the purposes of collective bargaining with New York Butchers
Dressed Meat Company , Division of Armour & Company, and election
by secret ballot shall be conducted as early as possible , but not later
than (30) days from the date of this Direction , under the direction
and supervision of the Regional Director for the Second 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 Regula-
tions, 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 , including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off , and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding those employees who have since quit or been dis-
charged 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 Packinghouse Workers of America, C. I. O.,'
for the purposes of collective bargaining.
i