Armour Creameries

National Labor Relations Board - Board Decisions

Apr 14, 1943

48 N.L.R.B. 1225 (N.L.R.B. 1943)

In the Matter of ARMOUR CREAMERIES and DAIRY & ICE CREAM WORK-
ERS, LOCAL 783, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAtF-
FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.
In the Matter of ARMOUR CREAMERIES and INTERNATIONAL BROTHER-
HOOD OF FIREMEN Sc OILERS, LOCAL 320, A. F. OF L.
Cases Nos. R-5087 and R-5088 respectively.Decided April 14, 1943
Jurisdiction : dairy and poultry products industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioners recognition because of contract with a rival organiza-
tion ; contract for an indefinite period with an organization which did not
presently claim to represent any of company's employees, found no bar ;
election necessary.
Unit Appropriate for Collective Bargaining : (1) all employees at one of com-
pany's plants, excluding office and clerical employees, confidential employees,
maintenance men, boiler room and power plant employees, and employees
having authority to hire and discharge or to recommend hire and discharge;
(2) boiler room and power plant employees at one of company's plants, exclud-
ing the chief engineer and the assistant chief engineer.
Mr. Paul E. Blanchard, of Chicago, Ill., for the Company.
Mr. Pat Ansboury, of Louisville, Ky., for the Teamsters.
111r. Harold L. Colvin and Mr. TVilliam, E. Fredenberger, of Louis-
ville; Ky., for the Oilers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Dairy & Ice Cream Workers,
Local 783, International -Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, A. F. of L., herein called the Team-
sters, and International Brotherhood of Firemen & Oilers, Local 320,
A. F. of L., herein called the Oilers, alleging that questions affecting
commerce had arisen concerning the representation of employees of
Armour Creameries, Louisville, Kentucky, herein called the Company,
the National Labor Relations Board consolidated the cases and pro-
48 N. L . R. B , No. 148
1225
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vided for an appropriate hearing upon due notice before William I.
Shooer, Trial Examiner. Said hearing was held at Louisville, Ken-
tucky, on March 26, 1943. The Company, the Teamsters, and the
Oilers appeared, participated, and were afforded 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.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour Creameries operates a business establishment at Louisville,
Kentucky, where it manufactures, processes, purchases, stores, and
sells dairy products and poultry. During the 12-month period end-
ing March 3, 1943, the Company processed substantial quantities of
,of dairy products and poultry, approximately. 85 percent of which
was shipped to it from points outside the State of Kentucky. It admits,
for the purposes of this proceeding, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
.Dairy & Ice Cream Workers, Local 783, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica, and International Brotherhood of Firemen,& Oilers, Local 320,
are labor organizations affiliated with the American Federation • of
Labor, admitting to membership employees -of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On February 1, 1943, the Teamsters requested the Company to recog-
nize it as the exclusive representative of certain of the Company's
employees. The Company refuses to recognize.the Teamsters or the
Oilers as the exclusive representative of any of its employees because
of an alleged contract between it and Amalgamated Meat 'Cutters
and Butcher Workmen of North America, Local No. 524, A. F. of L.,
herein called the Amalgamated.
. On February 6, 1942, the Company and the Amalgamated entered
into an exclusive contract. Said contract is for an indefinite period
of time and provides that it may be terminated by 30 days' notice
of either party thereto. The Amalgamated notified the Company
prior, to the hearing in the instant proceeding that' it does not now
ARMOUR CREAMERIES 1227
claim to represent- any • of the Company's employees. . Inasmuch as
the contract may be terminated upon 30 days' notice of either party
thereto, we find that it does not constitute a bar to a -determination
of representatives at this time.
Statements of a Field Examiner of the Board, introduced into
evidence during the hearing, indicate that the Teamsters and the Oilers,
each represents a substantial number of employees in the unit alleged
by each to be appropriate.'
We find -that questions affecting commerce have 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, Teamsters contends that all employees at the Louisville, Ken-
tucky, plant of the Company, excluding office and clerical employees,
confidential employees, maintenance men, boiler room and power-
plant employees, and employees ' who have the authority to hire
and discharge or make recommendations with respect to hire and dis-
charge, constitute an appropriate unit. The Oilers contends that all
boiler room and power plant employees, maintenance men, and oilers
at the Louisville, Kentucky, plant of the Company, excluding the chief
engineer and the assistant chief engineer, constitute an appropriate
bargaining unit. The Company took no position with respect to the
units urged by the Teamsters and the Oilers. Evidence introduced at
the hearing indicates that the employees claimed by the Teamsters
ire closely related from a functional standpoint, and that the em-
ployees in the unit urged by the Oilers constitute a homogeneous
group. -
We find that all employees at the Louisville, Kentucky, plant of the
Company, excluding office and clerical employees, confidential em-
ployees, maintenance men, boiler room and power plant employees,
and employees who have the authority to hire and discharge or to
recommend hire and discharge, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act.
We further find that all maintenance men, boiler room and power
plant employees at the° Louisville, Kentucky, plant of the Company,
excluding the chief engineer and the assistant-chief engineer, consti-
' The Field Examiner reported that the Teamsters presented 187 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of March 11, 1943 There are 332 employees in the unit urged by the Teamsters-
The Field Examiner further reported that the Oilers presented 7 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of March 11, 1943. There are approximately 21 employees in the unit urged by
the Oilers.
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'cute a unit- appropriate for the purposes of collective bargaining;
within the meaning of Section 9 (b)'of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
f
We shall direct that the questions concerning representation which
have arisen be resolved by means, of eTections-by secret ballot-"among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTIONS
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour Cream-
eries, Louisville, Kentucky, elections by secret ballot shall be conducted
as early as possible, but not later than thirty (30) clays from the date
of this Direction, under the direction and supervision of the Regional
Director for the Ninth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the units
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 vacation or temporarily laid off, and includ-
ing 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, (1) to determine, with respect to
the employees in the production and maintenance unit, whether or not
they desire to be represented by Dairy & Ice Cream Workers, Local
783, International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America affiliated with the American Federation
of Labor, for the purposes of collective bargaining, and (2) to deter-
mine, with respect to the unit of boiler room and power plant em-
ployees, whether or not they desire to be represented by International
Brotherhood of Firemen & Oilers, Local 320, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining.