Armour & Co.Download PDFNational Labor Relations Board - Board DecisionsMay 31, 194456 N.L.R.B. 1125 (N.L.R.B. 1944) Copy Citation In the Matter of ARMOUR FERTH.IZER WORKS , DIVISION OF ARMOUR & COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL 246, C. I. O. Case No. 4-R-1400.-Decided May 31, 1944 Mr. Peter F. Curran, of New York City, for the Company. Mr. Ray Hobbs, of New York City, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by, United Packinghouse Workers of America, Local 246, C. I. 0., herein called the Union, alleging that a question affecting commerce had,arisen concerning the representation of employees of Armour Fertilizer Works, Division of Armour & Company, Carteret, New Jersey, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Eugene M. Purver, Trial Examiner. Said hearing was held at New Brunswick, New Jersey, on May 12, 1944. The Company and the Union appeared, participated, and were af- forded full opportunity to be heard, to examine and cross-examine witnesses, and to 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 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 Fertilizer Works, Division of Armour & Company, an Illinois corporation, operates a fertilizer plant at- Carteret, New Jer- sey. During its fiscal year 1943-1944 the Company used approxi- mately 60,000 tons of raw materials at its Carteret plant, approximately 56 N. L. R. B., No. 196. 1125 1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 90 percent of which was shipped to it from points outside the State of New Jersey. During the same period the Company produced about 75,000 tons of super phosphates, sulphuric acid -and fertilizer at its Carteret plant, approximately 70 percent of which was shipped to „^,points,outside the State of New, Jersey. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act at its Carteret plant. II. THE ORGANIZATION INVOLVED United -Packinghouse Workers of America, Local 246, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company., III. THE QUESTION CONCERNING REPRESENTATION On March 25, 1944, the Union requested the Company to recognize it as exclusive collective, bargaining representative of the employees ,at the Carteret plant. The Company refused this request. ' A statement of the Trial Examiner, read into evidence at the hearing, ,indicates that the Union represents a substantial number 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. THE APPROPRIATE UNIT _ We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees at the Carteret plant of the Company, excluding office employees, truck drivers, watchmen, .guards, and all supervisory employees with authority to hire, promote, discipline, discharge, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. I . 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 employees in the appropriate unit who were employed during the pay-roll -period immediately preceding the date of- the, Direction of 1 The Trial Examiner reported that the Union submitted 66-authorization cards bearing the names of persons on the April 1943 pay roll of the Company . There are approximately 157 employee' in the appropriate unit. ARMOUR FERTILIZER WORKS 1127 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-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 Armour. Fertilizer Works, Division of Armour & -Company, Carteret, New Jersey, 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 Fourth 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 im- mediately preceding the date- of this Direction, including 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 themselves 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 Packinghouse Workers of America, Local 246, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. 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