Armour & Co.

National Labor Relations Board - Board Decisions

Nov 5, 1945

64 N.L.R.B. 724 (N.L.R.B. 1945)

In the Matter of ARMOUR & COMPANY, BRANCH HOUSE and UNITED
PACKINGHOUSE WORKERS OF AMERICA, CIO
Case No. 5-R-1966.-Decided November 5, 1945
Messrs. Emmett White and Clarence Franklin Lewis, of Wilson,
N. C., for the Company.
Mr. G. R. Hathaway, of Atlanta, Ga., and Mr. D. M. Evans, of
Wilson, N. C., for the Union.
Mr. John A. Nevros, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, CIO, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Armour & Company, Branch House, Wilson, North Carolina,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Sidney
J. Barban, Trial Examiner. The hearing was held at Wilson, North
Carolina, on August 1, 1945. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 & Company, an Illinois corporation, operates approximately
300 branch houses througout the United States. This proceeding is
-concerned solely with the branch house located in Wilson, North Caro-
lina, where the Company manufactures sausages and boiled hams.
64 N. L. R. B., No. 124.
724
ARMOUR I& COMPANY 725
During the year 1944, the Company purchased for its Wilson, North
Carolina, branch house raw materials valued in excess of $50,000, 90
percent of which represented shipments from points outside the State
of North Carolina. During the same period the Company's finished
products exceeded $75,000 in value, all of which were sold within the
State of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 10, 1944, an election was held pursuant to our Decision
and Direction of Election 1 among the Company's production and
maintenance employees, including truck drivers, with only the Union
on the ballot. The Union lost the election. On May 28, 1945, the
Union filed its petition herein alleging the same unit as appropriate.
At the hearing the Company stated that it would refuse to recognize
the Union until it has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.2
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 accordance with the stipulation of the parties, that all
production and maintenance employees 3 of the Company including
truck drivers, but excluding engineers, assistant engineers, clerical
employees, salesmen, shipping clerks, assistant shipping clerks, fore-
men, assistant foremen, and all or any other supervisory employees
1 Matter of Armour & Company, Branch House, 58 N. L. R B 1270.
' The Field Examiner reported that the Union submitted 36 authorized membership
cards, that there are approximately 43 employees in the appropriate unit, and that all the
cards bear dates subsequent to the November 10, 1944 election.
9 This includes the following employee classifications : linkers, packers , stuffers, grinders,
luggers, choppers, drivers, boners, smokers, and foreladies. With respect to the foreladies,
the parties agree and we find that these employees are not supervisory employees within
the Board's customary defihition.
726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.4
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 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour & Com-
pany, Branch House, Wilson, 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 Regula-
tions, among employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately pre-
ceding 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 those employees 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, CIO, for the purposes
of collective bargaining.
MR-GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
' As noted above , the same unit was found appropriate by the Board in a prior proceeding
( see footnote 1, supra).