Columbus Rendering Co.

National Labor Relations Board - Board Decisions

Dec 11, 1943

53 N.L.R.B. 1279 (N.L.R.B. 1943)

In the Matter Of COLUMBUS RENDERING COMPANY and LOCAL UNION
346, AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH
AMERICA , A. F. OF L.
Case No. 9-R-1226.-Decided December 11, 1943
Mr. Walter R. Snider, of Columbus, Ohio, for the Company.
Mr. Sam Pollock, of Columbus, Ohio, for the Amalgamated.
Mr. Daniel E. Bevis, of Columbus, Ohio, for the Independent.
Mr. Henry Wilhelm, of Columbus, Ohio, for the Firemen.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local Union 346, Amalgamated Meat
Cutters & Butcher Workmen of North America, A. F. of L., herein
called the Amalgamated, alleging that a question affecting commerce
had arisen concerning the representation of employees of Columbus
Rendering Company, Columbus, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Thomas E. Shroyer, Trial Examiner. Said
hearing was held at Columbus, Ohio, on November 16, 1943. At the
commencement of the hearing, the Trial Examiner granted motions
of International Brotherhood of Firemen and Oilers, A. F: of L.,
herein called the Firemen, and United Rendering Workers, herein
called the Independent, to intervene. The Company, the Amalga-
mated, the Firemen, and the Independent appeared at and partici-
pated in the hearing and 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
53 N. L. R. B., No. 233.
1279
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT-
I. THE BUSINESS OF THE COMPANY
Columbus Rendering Company is an Ohio corporation engaged in
the collection and salvage of fats and bones at Columbus, Ohio. The
Company purchases 10 percent of its raw materials from points out-
side the State of Ohio. The Company sells products valued in excess
of $1,000,000, annually, approximately 44 percent of which is shipped
to points outside the State of Ohio. The Company admits that it is
engaged in commerce -within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Firemen and, Oilers and Local Union
346, Amalgamated Meat Cutters & Butcher Workmen of North
America , are labor organizations affiliated with the American Federa-
tion of Labor , admitting to membership employees of the Company.
United Rendering Workers is an unaffiliated labor organization,
admitting to membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
On September 22, 1943, the Amalgamated requested recognition of
the Company as exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
On November 3, 1941, the Company and the Independent entered
into an exclusive collective bargaining contract. The contract pro-
vides that it shall remain in effect until November 3, 1943. The con-
tract does not contain - a renewal clause. On November 3, 1943, the
Independent and the Company entered into a new contract. Inas-
much as the contract of November 3, 1941, expired by its terms on
November 3, 1943 , and the new contract of that date was entered into
after the Amalgamated's claim of September 22, 1943, we find that
neither contract constitutes a bar to a determination of representatives
at this time.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Amalgamated represents
a substantial number of the employees in the unit hereinafter found
to be approprate 1
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
' The Field Examiner reported that the Amalgamated presented 20 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pays roll of November 1943. The Independent did not present any evidence of
membership , but relies upon its contract as evidence of its interest in the instant proceeding.
COLUMBUS RENDERING COMPANY 1281
IV. THE APPROPRIATE UNIT
The Amalgamated urges that all employees of the Company, ex-
cluding supervisory and clerical employees, pick-up station employees
and powerhouse employees, constitute an appropriate unit. The
Company and the Independent would include the pick-up station and
powerhouse employees in the unit, while the Firemen contends that
the powerhouse employees should constitute a separate unit.
The Company maintains three pick-up stations in Ohio and one
in West Virginia. The employees at the pick-up stations drive trucks
collecting fats and bones and bring them back to the station where
they are picked up once a week by employees from the Columbus
plant of the Company. The pick-up station employees perform the
same type of work as the truck drivers working out of Columbus
and they are paid substantially the same amount. These employees
were covered by the contract between the Independent and the Com-
pany. Under all the circumstances, we find that the pick-up station
employees should be included in the unit.
The Company employs four powerhouse employees. As stated
above, the Firemen urges that they be excluded from the unit on the
ground that they are eligible to membership in it. The Firemen
does not want an election among such employees at this time and is
not conducting an organizational campaign among them. The
powerhouse employees were covered by the contract between the
Independent and the Company. We shall include the powerhouse
employees in the unit.
We find that all employees of the Company, including pick-up sta-
tion and powerhouse employees, but excluding clerical employees and
all 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 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 means of 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
Election herein, subject to the limitations and additions set forth in
the Direction.
There seems to be some dispute with respect to the eligibility of
Clyde Crabtree. Crabtree transmits orders to four or five employees
in his department and receives but 1 to 2 cents more per hour in pay
1282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
than his subordinates. The record indicates that Crabtree has no
authority to effectively recommend changes in the status of any other
employees. Accordingly, we find that Crabtree is not a supervisory
employee' and is eligible to vote in the election.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-1 4n
tives for the purposes of collective bargaining with Columbus Ren-
dering Company, Columbus, Ohio, 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 Ninth 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
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 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 they desire to be represented by
Local Union 346, Amalgamated Meat Cutters & Butcher Workmen
of North America, affiliated with the American Federation of Labor,
or, by United Rendering Workers, for the purposes of collective
bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.