Armour Creameries

National Labor Relations Board - Board Decisions

Jan 10, 1946

65 N.L.R.B. 353 (N.L.R.B. 1946)

In the Matter of ARMOUR AND COMPANY, DOING BUSINESS AS ARMOUR
CREAMERIES and GENERAL DRIvERs, CHAUFFEURS AND HELPERS,
LOCAL UNION No. 886, AFL
Case No. 16-R-1453.-Decided January 10, 1946
Mr. M. C. Stanley , of Chickasha , Okla., for the Company.
Mr. A. J.. Moore , of Oklahoma City , Okla., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by General Drivers, Chauffeurs and
Helpers, Local Union No. 886, AFL, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
senta tion of employees of Armour and Company, doing business as
Arni;.nr Creameries, Chickasha, Oklahoma, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before William J. Scott, Trial Ex-
aminer. The hearing was held at Chickasha, Oklahoma, on October
3, 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 Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT o
I. THE BUSINESS OF THE COMPANY
Armour and Company, doing business as Armour Creameries, is an
Illinois corporation. At its Chickasha, Oklahoma, plants, solely
involved herein, the Company is engaged in the manufacture of
cheese. During the 9-month period ending July 31, 1945, the Com-
65 N. I, R. B., No. 64.
353
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany purchased raw materials valued at $2,150,000. Only a small
portion of the purchases was made outside the State of Oklahoma.
During the same period, the Company sold $2,150,000 worth of fin-
ished products, of which approximately 70 percent represented ship-
ments to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
General Drivers , Chauffeurs and Helpers , Local Union No. 886, 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 certain of its employees 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
The parties are in agreement that all employees of the Company,2^
excluding office and clerical employees, solicitors and field men, farm
route men, night watchmen, and supervisory employees, constitute in-
appropriate unit. They are in disagreement, however, with respect
to the inclusion of the assistant cheese maker, the assistant processing
superintendent, and the engineer, the Company contending that they
are supervisory employees who should be excluded, and the Union tak-
ing the opposite position.
Assistant cheese maker and assistant processing superintendent:
The cheese maker and the processing superintendent are admittedly
supervisory employees within the meaning of,the Board's definition.
They are paid a weekly salary. The cheese maker supervises the
cheese department and the processing superintendent the processing
I The Field Examiner reported that the Union submitted 38 cards, and the record shows
that there are approximately 40 employees in the appropriate unit.
2The Company's Chickasha, Oklahoma, plants include a curd plant and a processing
plant. These plants are closely integrated and are under the same general supervision.
The parties are in agreement that the appropriate bargaining unit should include em-
ployees of both plants
ARMOUR CREAMERIES 355
department. The assistant cheese maker and the assistant processing
superintendent act in their absence. The assistant processing super-
intendent also directs the work of small groups of employees while
the processing superintendent is at the plant. There are approxi-
mately six employees in each department. These assistants are hourly
paid, and receive the same rate of overtime pay and the same privi-
leges as the other hourly paid employees. Although the employer
claims that they have authority to hire and discharge employees, the
record shows no substantial evidence of such practice or that such ac-
tion has been effectively recommended by either the assistant cheese
maker or the assistant superintendent of the processing department.
Accordingly, we shall include them in the unit.'
Engineer: The engineer maintains the machinery of the plant in
operating condition. He is hourly paid and receives the same rate of
overtime pay and the same privileges as the other hourly paid em-
ployees. The record does not show that the engineer regularly super-
vises any employees. Accordingly, we shall include the engineer
in the unit.
We find that all employees at the Chickasha, Oklahoma, plants of
the Company, including the assistant cheese maker, the assistant
processing superintendent, and the engineer, but excluding office and
clerical employees, solicitors and field men, farm route men, night
watchmen, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
Although the Union stated at the hearing that it desired the Board
to designate the Company's pay roll immediately preceding the date
of the hearing as the proper pay roll for determining the eligibility of
employees to vote, no persuasive reasons appear to warrant such a
departure from our customary practice.
Accordingly, we shall direct that the question concerning represen-
tation 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.
8 See Matter of The Texas Company, 61 N. L. R B. 885 ; Matter of United Chemical &
Organic Products Division and Central Chemical Division of Wilson & Co ., Inc., 63 N. L.
R B. 160
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
DIxECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour and
Company, doing business as Armour Creameries , Chickasha, Okla-
homa, 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
Sixteenth 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 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 determine whether or not they desire
to be represented by General Drivers, Chauffeurs and Helpers, Local
Union No. 886 , AFL, for the purposes of collective bargaining.