Armour & Company

National Labor Relations Board - Board Decisions

Aug 22, 1939

14 N.L.R.B. 865 (N.L.R.B. 1939)

In the Matter of ARMOUR & COMPANY and LOCAL No . 54, UNITED
PACKINGHOUSE WORKERS OF AMERICA , OF PACKINGHOUSE WORKERS
ORGANIZING COMMITTEE , AFFILIATED WITH C. I. O.
Case No. R-1429.Decided August 22, 1939 .
Meat Packing Industry-Investigation of Representatives : controversy con-
cerning representation of employees : refusal of Company to recognize petition-
ing union-Unit Appropriate for Collective Bargaining: all employees of Com-
pany excluding foremen , assistant foremen, gang leaders, shift engineers,
laboratory employees , guides , watchmen, policemen , restaurant employees, truck
drivers, livestock receivers , office employees , clerical employees, street cleaners,
matrons, box pullers, office and plant janitors , fire-department employees,
wholesale and retail market employees , livestock drivers, the truck washer,
temporary employees, the order filler , supervisory employees , employees paid
on a contract basis, employees laid off except those whom the parties have
agreed to include, and all employees excluded by stipulation of the parties-
Election Ordered
Mr. L. N. D. Wells, Jr., for the Board.
Mr. Walter C. Kirk, of Chicago, Ill., for the Company.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Kermit H. Fry,
of Fort Worth, Tex., for the Union.
Mr. Ray Johnson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 5, 1939, Local No. 54, United Packinghouse Workers of
America, of Packinghouse Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, herein called the
Union, filed with the Regional Director for the Sixteenth Region
(Fort Worth, Texas) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Armour & Company, Fort Worth, Texas, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On June 2, 1939, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
14 N. L. R. B., No. 69.
865
866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On June 15, 1939, the Regional Director issued a notice of hearing,
copies of which were.duly served.upon the Company and the Union.
Pursuant to the notice, a hearing was held on July 6, 7, and 8, 1939,
before John T. Lindsay, the Trial Examiner duly designated by the
Board. The- Board, the Company, and the Union were represented
by counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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. The rulings are hereby affirmed.
On July 21, 1939, pursuant to permission granted to all the parties,
the Company filed a brief.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour & Company, a Maine corporation, is a wholly owned sub-
sidiary of Armour and Company, a Delaware corporation, which in
turn is a subsidiary of Armour and Company, an Illinois corporation.
The Illinois corporation, directly and through subsidiaries, operates
approximately 30 plants in the United States in which cattle, sheep,
and hogs are slaughtered and prepared into meat and meat-food
products. The 30 plants are located in 23 States. The annual sales
of the Illinois corporation, including its subsidiaries, are approxi-
mately $723,000,000.
At its Fort Worth, Texas, plant, which is the only plant involved
in this proceeding, the Company is engaged in the purchase and
slaughter of livestock and in the processing, packing, and distribu-
tion of products therefrom. During the fiscal year ending October
29, 1938, the Fort Worth plant distributed approximately 200,000,000
pounds of meat and meat products, valued at approximately $25,-
000,000, of which 50 per cent was destined for States other than
Texas.
Approximately 1,100 persons are employed at the Fort Worth
plant.
ARMOUR & COMPANY
IT. THE ORGANIZATION INVOLVED
867
Local No. 54, United Packinghouse Workers of America, of Pack-
inghouse Workers Organizing Committee, is a labor organization
affiliated with the Congress of Industrial Organizations. It admits
to its membership all production and maintenance employees of the
Company at its Fort Worth plant except supervisory employees,
clerical employees, office employees, and certain other categories of
employees discussed below.
III. THE QUESTION CONCERNING REPRESENTATION
On April 4, 1939, the Union in a letter to the Company requested
recognition as the collective bargaining representative of its em-
ployees. The Company failed to reply to the letter and following
several requests made orally thereafter, refused to grant such
recognition.
We find that a question has arisen concerning the 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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the Union claimed that the appropriate unit con-
sists of all production and maintenance employees of the Company,
excluding foremen, assistant foremen, gang leaders; shift engineers,
laboratory employees, guides, watchmen, policemen, restaurant em-
ployees, truck drivers, livestock receivers, office employees, clerical
employees, street cleaners, matrons, box pullers, office and- plant
janitors, fire department employees, wholesale and retail market
employees, livestock drivers, the'truck washer, temporary employees,
the order filler, supervisory employees, employees paid on a contract
basis , employees laid off except those whom the parties have agreed
to include, and all employees excluded by stipulation of the parties.'
1 The exclusions thus described are derived from the testimony of witnesses for the
Union and the notations which union representatives made on Board Exhibit No. 3.
the pay roll of the Company . The employees "excluded by stipulation of the parties"
are variously designated on the pay roll ; the reasons for the exclusion of many of
them do not appear in the record.
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company requests that the street cleaners, matrons, box pullers,
janitors, fire department employees, wholesale market employees,
livestock drivers, the truck washer, and the order filler should be
included. In proceedings involving other plants of Armour & Com-
pany and its subsidiaries, we have excluded from the bargaining unit
employees in most of the enumerated classifications.2 At the request
of the Union we will exclude them. The Company would also include
the shift engineers. The shift engineers are supervisory employees.
We shall therefore exclude them. The Union contends that the brick
mason, cured hide inspector, and the elevator millwright and repair
man are supervisory employees. The contention of the Union, how-
ever, finds no support in the record. We shall therefore include
them in the unit.
The Union would exclude from the unit the following employees,
on the ground that they exercise supervisory powers : Ralph Carter,
James Gilbreath, Roy Thornton, Burnard Freeling, and Arthur
Pardre. Ralph Carter and Roy Thornton are listed as boners. The
evidence shows that there is no material difference between their
duties and the duties of other employees whom the Union has agreed
to include. James Gilbreath is a laborer having no supervisory
powers. Burnard Freeling is a packer. His duties are substantially
the same as other packers whom the parties have agreed to include.
Arthur Pardre is a laborer and relief water tender and has no super-
visory powers. We shall include the above-named employees in the
appropriate unit.
The Union would also exclude from the appropriate unit Fred
Hirstine and Walter Cox, common laborers on the ground that they
are temporary employees. The evidence shows that they attend
college during the regular session and work in the plant 2 or 3 months
in the summer. One has finished his college course. They, are not
being trained for supervisory positions. We shall include them in
the appropriate unit.
The Union'objects to the inclusion of Clyde Smith, a sack cutter.
There is no evidence in the record as to the duties of Smith. We
shall include him in the appropriate unit.
The Union would exclude Julius Minter, a laborer, and L. V.
Washam, a laborer and clerk, on the ground that they are not produc-
tion employees. Although these employees have some duties which
2 See Matter of Armour & Company and Packing House Workers Organizing Committee
for United Packing House Workers, Local 3117, 8 N . L. R. B. 1100; Matter of Armour
& Company and United Packing House Workers Industrial Union No. 767, affiliated with
the C. I. 0., 9 N. L. R. B. 1239 ; Matter of Armour & Company and United Packing
House Workers, Local Industrial Union No. 13 , affiliated with C. 1. 0., 13 N. L. R. B.
567.
ARMOUR & COMPANY 869
are not classified as production, they are essentially production em-
ployees. We shall include them in the appropriate unit.'
The Union wishes to exclude Frank Fitsimmons, listed as ship-
ping clerk: There is no material difference between his duties and
the duties of other shipping clerks whom the Union has agreed to
include in the unit. We shall include him in the appropriate unit.
We find that all production and maintenance employees of the
Company, including Ralph Carter, Roy Thornton, Burnard Free-
ling, Arthur Pardre, James Gilbreath, Clyde Smith, Fred Hirstine,
Walter Cox, Julius Minter, L. V. Washam, and Frank Fitsimmons,
but excluding foremen, assistant foremen, gang leaders, shift engi-
neers, laboratory employees, guides, watchmen, policemen, restaurant
employees, truck drivers, livestock receiver, office employees, clerical
employees, street cleaners, matrons,'box pullers, office and plant jani-
tors, fire department employees ,4 wholesale and retail market em-
ployees, livestock drivers, the truck washer, temporary employees, the
order filler ,6 supervisory employees, employees paid on a contract
basis , employees laid off except those whom parties agreed to include,
and all employees excluded by stipulation of the parties, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit 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
The Union introduced no evidence of membership except to show
that it represented a substantial number of the Company's employees.
We shall therefore.order an election'to settle the question concerning
representation.
The parties stipulated that all employees in the appropriate unit
on the pay roll : of July 1, 1939, with the exceptions noted below,
should be eligible to participate in any election which the Board
might order. We shall adopt the pay-roll date of July 1 to determine
eligibility to participate in the election.
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 the Company, within the meaning of See-
' See Matter of Armour & Company and Packing House Workers Organizing Com=
mittee for United Packing House Workers Local 347, 8 N. L. R. B. 1100.
*Including five boys.
*Albert Dechert.
870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All production and maintenance employees of the Company
including Ralph Carter, Roy Thornton, Burnard Freeling, Arthur
Pardre, James Gilbreath, Clyde Smith, Fred Hirstine, Walter Cox,
Julius Minter, L. V. Washam, and Frank Fitsimmons, but excluding
foremen, assistant foremen, gang leaders, shift engineers, laboratory
employees, guides, watchmen, policemen, restaurant employees, truck.
drivers, livestock receivers, office employees, clerical employees, street
cleaners, matrons, box pullers, office and plant janitors, fire-depart-
ment employees, wholesale and retail market employees, livestock
drivers, truck washer, temporary employees, the order filler, super-
visory employees, employees paid on a contract basis, employees laid
off except those whom the parties agreed to include, and all em-,
ployees excluded by stipulation of the parties, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
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 Na
tional Labor Relations Board Rules and Regulations-Series 2, -it ,is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing, an election by secret ballot shall be conducted within thirty
(30) days from the date of this Direction, under the direction
and supervision of the Regional Director for the Sixteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,,
among all the production and maintenance employees of Armour &
Company, Fort Worth, Texas, who were on the pay roll as of July
1, 1939, including Ralph Carter, Roy Thornton, Burnard Freeling,
Arthur Pardre, James Gilbreath, Clyde Smith, Fred Hirstine, Walter
Cox, Julius Minter, L. V. Washam, and Frank Fitsimmons, and ex-
cluding foremen, assistant foremen, gang leaders, shift' engineers,
laboratory employees, guides, watchmen, policemen, restaurant em-
ployees, truck drivers, livestock receivers, office employees, clerical
employees, street. cleaners, matrons, box pullers, office and plant jani-
tors; fire-department employees, wholesale and retail market em-
ployees, livestock drivers, the truck washer, temporary employees, the
order, filler,' supervisory: employees, employees paid on a contract
ARMOUR & COMPANY 871
basis, employees laid off except those whom the parties agreed to
include, all employees excluded by stipulation of the parties, and all
employees who have since voluntarily quit or have been discharged
for cause, to determine whether or not they desire to be represented
by Local No. 54, United Packinghouse Workers of America, of Pack-
inghouse Workers Organizing Committee, affiliated with C. I. O. for
the purposes of collective bargaining.
190935-40-vol. 14-56