Armour & Co.

National Labor Relations Board - Board Decisions

Jan 18, 1938

4 N.L.R.B. 951 (N.L.R.B. 1938)

In the Matter of ARMOUR & Co. (WEST HARLEM MARKET) and THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION
In the Matter of ARMOUR & Co. (197 FORT GREENE PL.) and THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION
In the Matter of ARMOUR & Co. (164 FORT GREENE PL.) and TIZE
COMMITTEE FOR INDUSTRIAL ORGANIZATION
In the Matter of ARMOUR & Co. (JAMAICA MARKET) and THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION
In the Matter of ARMOUR & CO. (14TIi STREET MARKET) and THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION
In the Matter of BROOKLYN BEEF & PROVISION Co. and THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION
In the Matter of ARMOUR & Co. (WEST ST. MARKET ) and THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION , ON BEHALF OF THE
EMPLOYEES OF ARMOUR & Co.
In the Matter of ARMOUR & Co. (WILLIAMSBURGH MARKET ) and THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION , ON BEHALF OF THE
EMPLOYEES OF ARMOUR & Co.
In the Matter of ARMOUR & Co. and UNITED MEAT WORKERS LOCAL
INDUSTRIAL UNION No. 635, affiliated with the C. I. O.
In the Matter Of MORRIS & Co. and THE COMMITTEE FOR INDUSTRIAL
ORGANIZATION, ON BEHALF OF THE EMPLOYEES OF MORRIS & CO.
In the Matter of ARMOUR & Co. and THE COMMITTEE FOR INDUSTRIAL
ORGANIZATION, ON BEHALF OF TILE EMPLOYEES OF ARMOUR & Co.
In the Matter of ARMOUR & CO. (BROOK AVE. MARKET) and UNITED
MEAT WORKERS LOCAL INDUSTRIAL UNION, No. 635, affiliated with
the C. I. O.
bleat Packing Industry-Investigation of Representatives: controversy con-
cerning representation of employees : refusal by employer to recognize union
as exclusive representative-Units Appropriate for Collective Bargaining: proc-
essing and operative employees of each branch honse-Representatives: proof
of choice ; membership in union ; comparison of pay rolls with membership cards-
Certification of Representatives: in nine branch houses upon proof of majority
representation-Electron Ordered: employees in two branch houses.
951
67573-38-vol iv-61
952 NATIONAL LABOR RELATIONS BOARD
Cases Nos. R-435 to R-446, Inclusive
Decided January 18, 1938
Mr. Chistopher N. Hoey, for the Board.
Mr. Peter F. Curran, of New York City, for the Company.
Liebman, Robbins, Pressman cC Leider, by Mr. Harold I. Cammer,
of New York City, for the United.
Mr. Harry E. Selekman, of counsel to the Board.
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On September 15, 1937, the Committee for Industrial Organiza-
tion l filed with the Regional Director for the Second Region (New
York City) six petitions alleging that questions affecting commerce
had arisen concerning the representation of employees of Armour &
Co., Chicago, Illinois, herein called the Company, in its branch houses
at 2286 12th Avenue, New York City; 197 Fort Greene Place, Brook-
lyn; 164 Fort Greene Place, Brooklyn; 147-07 94th Avenue, Jamaica;
54 10th Avenue, New York City; and Brooklyn Beef & Provision
Co.,2 176 Fort Greene Place, Brooklyn. On November 6, 10, and 18,
1937, the United filed similar petitions concerning the representation
of employees of the Company in additional branch houses located at
531 West Street, New York City; 96 North 6th Street, Brooklyn;
42 10th Avenue, New York City ; Morris & Co.,s 94 North 6th ' Street,
Brooklyn; 176 Fort Greene Place, Brooklyn; 4 and 635 Brook Avenue,
New York City. All of the petitions requested an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
October 21, November 13, and 18, 1937, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, ordered investigations
and authorized the Regional Director to conduct them and to pro-
vide for appropriate hearings upon due notice, and acting pursuant
1 At the hearing the name of the petitioning union was amended to United Meat
Workers Local Industrial Union No 635, herein called the 'United.
2 It was stipulated that this was a trade name of Armour & Co.
8 See note 2, supra.
4 This petition was dismissed because it was a duplicate of that of the Brooklyn Beef
& Provision Co.
DECISIONS AND ORDERS 953
to Article III, Section 10 (c) (2), of said Rules and Regulations,
further ordered that the cases be consolidated for the purposes of
hearing.
On November 10, 1937, the Regional Director issued a. notice of
hearing, copies of which were duly served upon the Company,5 and
upon the United. Pursuant to the notice, a hearing was held on
November 17, 20, 22, and 23, 1937, at New York City, before Harold
R. Korey, the Trial Examiner duly designated by the Board. The
Board, the Company, and the United were represented by counsel and
participated in the hearing. Full opportunity to be heard, to ex-
amine, and to cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. During the course of
the hearing the Trial Examiner made several rulings on motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. Such rulings are hereby affirmed. At the close of
the hearing the Company moved to dismiss the petitions. The mo-
tion is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour & Co., an Illinois corporation with its principal place of
business at Chicago, Illinois, is engaged in the meat packing and
distributing industry. It also manufactures allied products, such as
fertilizer, soap, and leather; operates creameries, and owns estab-
lishments which slaughter and dress poultry, and package and sell
eggs.
The Company, which is bne of the four largest meat packing
houses in the United States, operates 28 meat packing houses in 22
States and about 300 branch houses throughout the United States.
The Company advertises in magazines of national circulation, such
as Good Housekeeping, McCalls, Woman's Home Companion, and
the American Weekly. It also advertises in local newspapers at the
branch house points. The total amount of business done by the
Company in the fiscal year of 1936 was $748,935,218.
The 11 branch houses here in question are located in the metro-
politan district of. New York City. They send their orders to the
5 Notice of hearing with reference to Cases E-441 to R-446, inclusive, was served on
the Company during the course of the hearing . The Company waived the requirement
of five-day notice.
"Most of the evidence relating to the business of the Company dealt with the business
of the first six branch houses mentioned in the caption . It was stipulated that this
evidence should be considered as applicable to the other branch houses here involved
since conditions at all the branch houses are substantially the same.
954 NATIONAL LABOR RELATIONS BOARD
main office at Chicago, which allocates the orders among the various
packing houses throughout the country. Shipments are made di-
rectly from such packing houses to the branch houses. All but a very
small amount of the fresh meats come to the branch houses from the
West. Butter, eggs, cheese, and poultry are shipped mainly from
Iowa and Minnesota, although a few purchases of butter and eggs
are made locally. The smoked goods and auxiliary products are
sent from New Jersey.
Most of the sales are made in New York. However, the branch
house at 96 North Sixth Street ships 26 per cent of its goods out of
the State, and the branch house at 531 West Street ships 12.8 per cent
of its products to other States. For the fiscal year of 1936 the total
amount of business of the 11 branch houses was $30,852,914.23.
II. THE ORGANIZATION INVOLVED
United Meat Workers Local Industrial Union No. 635 is a labor
organization affiliated with the Committee for Industrial Organiza-
tion, admitting to membership processing and operative employees
of the Company, excluding supervisory and clerical employees, sales-
men, and drivers.
III. THE QUESTION CONCERNING REPRESENTATION
The Committee for Industrial Organization began to organize the
employees of the Company in the 11 branch houses in July 1937, and
on October 21, 1937, a charter was granted to the United. Mr.
Sandner, the Field Director for the Committee for Industrial Or-
ganization, testified that on September 8, 1937, he attempted to ar-
range a conference with the local managers of five of the branch
houses to discuss recognition of the United, but that they replied
they did not desire to talk about this matter.
On September 10, 1937, a telegram 7 was sent to the Company
protesting any possible agreement the Company might make with-
out considering the membership of the United. No reply to this
telegram was received from the Company. Thereafter, on September
24, 1937, at a conference at the office of the Regional Director of the
Second Region attended by representatives of the United and the
Company, the United offered to prove by membership cards that it
represented a majority of the Company's employees at each of the 11
branch houses and sought recognition as the sole bargaining repre-
sentative of such employees. Although the Company chcl not dis-
pute the United's claim to membership, it refused to recognize the
United as sole bargaining representative of the employees. It was
then proposed that the parties stipulate that a consent election be
7 Union's Exhibit No. 2.
DECISIONS AND ORDERS 955
held. The Company, however, refused to sign such a stipulation, and
by a letter,' dated October 16, 1937, informed the Regional Director
for the Second Region that the Company did not think it necessary
to sign such a stipulation in view of its willingness to bargain with
the United for its own members.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The United in its petitions, as amended, alleges that the process-
ing and operative employees in each branch house, including carriers,
meat cutters, shippers, sausage makers, sealers, egg handlers, smoke-
house men, boners, and maintenance men, constitute an appropriate
unit. It seeks to exclude from the units supervisory and clerical
employees, salesmen and drivers.
The Company contends that inside salesmen should be included
in the units. These salesmen receive salaries about double those
received by the operative employees, they must undergo a long period
of training as outside salesmen and acquire a specialized knowledge
before they can qualify as inside salesmen, and they act in a super-
visory capacity by issuing orders to the operative employees of the
Company. In the light of these facts, we conclude that the inside
salesmen should not be included in the unit.
On November 6, 1937, the smokehouse of the 14th Street Market,
54 10th Avenue, New York City, was torn down. As a result 19
of the employees of this plant were laid off, and only five have since
been transferred to other branch houses. The Company has stated
that it is willing to rehire these men as vacancies occur in the other
branch houses and to take them back when the new building is
completed, which will require about 15 months. The United claims
that the 14 workers who have not as yet obtained employment in the
other branch houses should be considered as employed at the 14th
Street branch house for the purposes of an election or certification.
We feel, however, that in view of the long period intervening be-
'Union 's Exhibit No. 4.
956 NATIONAL LABOR RELATIONS BOARD
fore the completion of the new plant and the resulting possibility that
the 14 men may not again work at the 14th Street branch house, the
14 persons in question should not be regarded as retaining their
employee status for the purposes of an election or certification.
The Company contends that two stockmen in the same branch
house, J. M. Protzman and H. Kuchinsky, should be included in the
unit. We find that the duties of the two employees, involving taking,
assembling, and filling orders, more closely approximate the duties
of salesmen than of other employees, and we will, therefore, exclude
them from the unit.
We find that the processing and operative employees in each of
the branch houses of the Company, excluding supervisory and cler-
ical employees, salesmen, and drivers, constitute units appropriate for
the purposes of collective bargaining and that said units will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing, representatives of the Company and the United
compared membership cards of the United and the pay rolls of the
Company. It was stipulated that the pay rolls of November 20,
1937, were to be used for the purposes of comparison for election and
certification and that, because of the comparison of membership cards
with the pay rolls of the Company at the hearing, it would not be
necessary to introduce in evidence membership cards or originals of
the pay rolls. The comparisons disclosed the following :
Table I
Total
Number of
Employees
Nvmber of
Union
Employees
Number in
Appropriate
Unit
Branch House
22S6 12th Avenue, New York City_________ 28 8 11
176 Fort Greene Place, Brooklyn---------- 12 5 6
162-164 Fort Greene Place, Brooklyn ------ 17 8 9
197 Fort Greene Place, Brooklyn ---------- 80 027 041
90 North 6th Street, Brooklyn_____________ 52 19 25
94 North 6th Street, Brooklyn------------ 12 6 6
531 West Street, New York City__________ 21 7 12
42 10th Avenue, New York City ----------- 21 10 13
635-637 Brook Avenue, New York City_____ 70 19 31
54 10th Avenue, New York City ----------- 67 b10 27
147-07 94th Avenue, Jamaica_____________ 76 18 37
Does not include five union members transferred from 54 10th Avenue plant
and who are now on this plant's pay roll.
° This number does not include the smoke house men laid off.
It appears from the foregoing that a majority of the employees
in the appropriate units in nine of the branch houses in question were
DECISIONS AND ORDERS 957
members of the United and desired the United to represent them.
We find that the United has been designated and selected by a ma-
jority of the employees in the appropriate units in tJie above nine
branch houses as their representative for the purposes of collective
bargaining. It is, therefore, the exclusive representative of all the
employees in these units for the purposes of collective bargaining, and
we will so certify.
Although evidence indicates that a majority of the employees
in the appropriate units in two of the branch houses were not mem-
bers of the United on November 20, 1937, the United claims that a
majority of the employees in these two branch houses desire it to
represent them for bargaining purposes. We find that the question
which has arisen concerning the representation of employees in the
branch houses at 54 10th Avenue, New York City, and at 147-07 94th
Avenue, Jamaica, can best be resolved by the holding of an election
by secret ballot to determine whether the employees wish the United
to represent them. The employees in the appropriate units in the
said two branch houses who were on the Company's pay roll of
November 20, 1937, excluding supervisory and clerical employees,
salesmen, drivers, and those who quit or were discharged for cause
between such date and the date of election, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Armour & Co., Chicago, Illinois, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act in the following branch houses : 2286
12th Avenue, New York City; 176 Fort Greene Place, Brooklyn;
162-164 Fort Greene Place, Brooklyn; 197 Fort Greene Place, Brook-
lyn; 96 North 6th Street, Brooklyn; 94 North 6th Street, Brooklyn;
531 West Street, New York City ; 42 10th Avenue, New York City ;
635-637 Brook Avenue, New York City; 54 10th Avenue, New York
City; 147-07 94th Avenue, Jamaica.
2. The processing and operative employees in the aforesaid branch
houses of the Company, excluding supervisory and clerical employees,
salesmen, and drivers constitute separate and distinct units appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. United Meat Workers Local Industrial Union No. 635 is the
exclusive representative of all the employees in such units of the
first nine of the eleven branch houses mentioned in paragraph 1,
supra, for the purposes of collective bargaining within the meaning
of Section 9 (a) of the National Labor Relations Act.
958 NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
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 Act, and pursuant to Article III, Section 8, of National
Labor Relations Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that United Meat Workers Local Industrial
Union No. 635 has been designated and selected by a majority of the
processing and operative employees of Armour & Co., Chicago, Illi-
nois, excluding supervisory, and clerical employees, salesmen and
drivers, as their representatives for collective bargaining in the fol-
lowing branch houses: 2286 12th Avenue, New York City ; 176 Fort
Greene Place, Brooklyn; 162-164 Fort Greene Place, Brooklyn; 197
Fort Greene Place, Brooklyn; 96 North 6th Street, Brooklynr; 94
North 6th Street, Brooklyn; 531 West Street, New York City; 42 10th
Avenue, New York City; 635-637 Brook Avenue, New York City;
and that, pursuant to the provisions of Section 9 (a) of the Act,
United Meat Workers Local Industrial'Union, No. 635, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor, Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY DIRECTED that, as part of the investigation authorized
by the Board to ascertain representatives for collective bargaining
with Armour & Co., Chicago, Illinois, elections by secret ballot shall
be conducted within 15 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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the processing and operative employees of the
Company employed on November 20, 1937, at the branch houses
located at 54 10th Avenue, New York City, and 147-07 94th Avenue,
Jamaica, of Armour & Co., Chicago, Illinois, excluding supervisory
and clerical employees, salesmen, drivers, and those who quit or were
discharged for cause between such date and the date of election, to
determine whether or not they desire to be represented by United
Meat Workers Local Industrial Union No. 635, for the purposes of
collective bargaining.