Arnold Bros. Inc.

National Labor Relations Board - Board Decisions

Aug 23, 1943

52 N.L.R.B. 105 (N.L.R.B. 1943)

In the Matter of ARNOLD BROS. INC. and INDEPENDENT UNION OF
PACKING HOUSE WORKERS, LOCAL No. 55
In the Matter of ARNOLD BROS. INC. and PACKINGHOUSE WORKERS
ORGANIZING COMMITTEE , C. I. O.
Cases Nos. R-5744 and R-5715 respectively. Decider.'' August 03, 1943
Mr. Neal J. Huff, of Chicago, Ill., for the Company.
Mr. E. B. Fitzpatrick, of Des Moines, Iowa, for the P. W. O. C.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition and an amended petition duly filed respectively by
the Independent Union of Packing House Workers, Local No. 55,
affiliated with the International Brotherhood of Swift's Employees,
herein called the Independent, and the Packinghouse Workers Or-
ganizing Committee, C. I. 0., herein called the P. W. O. C., each
alleging that a question affecting commerce had arisen concerning the
representation of employees of Arnold Bros., Inc., Perry, Iowa, herein
called the Company, the National Labor Relations Board consolidated
the petitions herein and provided for an appropriate hearing upon due
notice before Clarence A. Meter, Trial Examiner. Said hearing was
held at Perry, Iowa, on July 23, 1943. The Company and P. W. O. C.
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues.' During the hearing the P. W. O. C.
moved the dismissal of the petition of the Independent on the ground
that the Independent had failed to appear at the hearing. Ruling on
this motion was reserved for the Board. Since we find in Section III,
below, that the Independent appears to represent a substantial num-
ber of employees of the Company and therefore has an interest in
I Although the Independent was duly served with notice of the hearing and had submitted
evidence of its membership among the employees of the Company, it did not appear at the
hearing.
52 N. L. R. B., No. 19.
105
106 DECISIONS OF NIATIONAL LABOR RE'LATION'S BOAIRD
this proceeding, the motion is denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. Opportunity was afforded all parties 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
Arnold Bros. Inc. is an Illinois corporation with plants in Chicago,
Illinois, and Perry, Iowa. It is a wholly owned and controlled sub-
sidiary of Swift and Company. We are here concerned with the em-
ployees at the Perry, Iowa, plant, where the Company is engaged in
the slaughtering of hogs and in the processing of meat and meat prod-
ucts. The value of raw materials, consisting of livestock, salt, coal,
and other manufacturing supplies purchased by the Company during
the fiscal year ending November 1, 1942, was in excess of $3,000,000, 1
percent of which was shipped to the plant from points outside Iowa.
The finished products, consisting of dressed hogs and pressed crack-
lings, produced by the Company during the same period, exceeded in
value $3,300,000, of which 95 percent was shipped to points outside
Iowa. About 40 percent of -the Company's products are sold on
national defense contracts.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Independent Union of Packing House Workers, Local No. 55, is a
labor organization affiliated with the International Brotherhood of
Swift's Employees and C. A. I. W., admitting to membership em-
ployees of the Company.
Packinghouse Workers Organizing Committee, C. I. 0., is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 12, 1943, the Independent filed a petition in Case No.
R-5744 requesting an industrial unit and stating that the Company
refuses to bargain with any labor organization not certified by the
Board.
On July 13, 1943, the P. W. O. C. advised the Company by letter
that it had filed a petition with the Board seeking an investigation of
representatives. On July 14, 1943, the P. W. O. C. filed its petition
herein, in Case No. R-5745, seeking essentially the same unit as the
ARNOLD BROS., INC. 107
Independent. At the hearing, the Company stated that its policy
precluded the extension of recognition or granting of bargaining
rights to any labor organization not certified by the Board.
A statement of the Regional Director, introduced into evidence,
indicates that the Independent and the P. W. O. C. each represents
a substantial number of employees 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 ACT
At the hearing the Company and the P. W. O. C. agreed to the
composition of the unit. Since all the exclusions and inclusions are
those which the Board customarily approves, we find that all pro-
duction and maintenance employees of the Company at its plant at
Perry, Iowa, excluding office and clerical employees, livestock buyers,
plant manager, superintendent, assistant superintendent, foremen,
assistant foremen, chief engineer and master mechanic, assistant chief
engineer, watchmen, firemen, and any other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees or effectively recommend
such action, constitute a unit appropriate for the purposes of col-
lective 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 the
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-.
tion herein, subject to the limitations and additions set forth in the,
Direction 3
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
2 The Regional Director stated that the Independent submitted petitions containing 33
apparently genuine, original , handwritten signatures . Twenty-five signatures , 17 of which
are undated and the remainder dated in the months of February and April 1943, carry the
names of persons appearing on the Company 's pay roll of June 2, 1943. Said pay roll
contains the names of 55 employees in the appropriate unit.
The Regional Director stated that the P. W. O. C. submitted 42 application -for-membership
cards all bearing apparently genuine, original , handwritten signatures. All, are dated in
May 1943, and 40 cards bear the names of persons on the Company 's pay roll of June
2, 1943.
8 The P. W. O. C. requests that it appear on the ballot as appears in the Direction.
The request is hereby granted.
108 DECISIONS OF NIATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
Dna cTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Arnold Bros. Inc.,
Perry, Iowa, 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 Eighteenth 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 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, to determine whether
they desire to be represented by Local 98, P. W. 0. C., C. I. 0., or by
Independent Union of Packing House Workers, Local No. 55, for
the purposes of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.