Armour Creameries

National Labor Relations Board - Board Decisions

Nov 26, 1945

64 N.L.R.B. 921 (N.L.R.B. 1945)

In the Matter of ARMOUR CREAMERIES and AMALGAMATED MEAT CUT-
TERS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L.
Case No. 18-R-1401.-Decided November 26, 1945
Mr. J. W . Post, of Chicago , Ill.; Mr. Earl Lorentzen , of Gowrie,
Iowa; and Mr. H. A. Shay, of Des Moines, Iowa, for the Company.
Mr. Fred F. Redies, of Cedar Rapids, Iowa, for the Union.
Mr. David V . Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Armour Creameries,
Gowrie, Iowa, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Stephen M. Reynolds, Trial Examiner. The hearing was
held at Gowrie, Iowa, on October 26, 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 evidence bearing on the issues. The Trial Exam-
iner'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
I. THE BUSINESS OF THE COMPANY
Armour Creameries is a division of Armour and Company, an
Illinois corporation, operating a plant at Gowrie, Iowa, where it
is engaged in the processing and distribution of poultry and eggs.
Annually the Company processes eggs and poultry in a volume of
64 N. L R. B., No. 158.
921
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approximately 750,000 dozen eggs and one million pounds of poultry,
all of which is procured within the State of Iowa and, after process-
ing, shipped to points outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the employees at the Gowrie
plant until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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 accordance with the agreement of the parties,
that all production employees of the Company at its Gowrie plant,
including working supervisiors 2 and chauffeur truck drivers, but
excluding office and clerical employees, and all supervisory employees
who have authority to hire, promote, discharge, discipline, ,or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
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
1 The Regional Director reported that the Union submitted 27 application cards, all
dated in September 1945.
A further statement of the Trial Examiner , made at the hearing , indicates that 16 addi-
tional application cards 'lere submitted to the Trial Examiner at the hearing ; that these ,
cards bore apparently genuine signatures ; and that they all bore dates in September and
October 1945.
There are approximately 45 employees in the appropriate unit.
2 It is clear from the record that working supervisors are not supervisory employees
within the meaning of the Boaid 's customary definition.
ARMOUR CREAMERIES 923
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 Rela-
tions 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 represen-
tatives for the purposes of collective bargaining with Armour Cream-
eries, Gowrie, Iowa, an election by secret ballot shall be conducted as
early as possible, but not later than sixty (60) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Eighteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among employees in
the unit 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 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 deter-
mine whether or not they desire to be represented by Amalgamated
Meat Cutters and Butcher Workmen of North America, affiliated
with the A. F. of L., for the purposes of collective bargaining.