East Tennessee Packing Co.

National Labor Relations Board - Board Decisions

Apr 18, 1950

89 N.L.R.B. 535 (N.L.R.B. 1950)

In the Matter of EAST TENNESSEE PACKING COMPANY, EMPLOYER and
UNITED PACKINGHOUSE WORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. lo-RC-779.-Decided April 18, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before John C. Carey,
Jr., hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree that all the Employer's production and mainte-
nance employees including truck drivers but excluding supervisors;
constitute an appropriate unit. There is disagreement as to the in-
clusion of lead men, the assistant engineer, the floorlady in the bacon
room, watchmen, and Carl Rush.
The lead men: The Petitioner contends that leadmen are supervisors
and therefore should be excluded.2 It appears that there are three
1 These labor organizations are United Packinghouse Workers of America, C. I. 0., herein
called the Petitioner , and Independent Union of Meat Cutters and Packinghouse Employees,
herein called the Intervenor.
2 The record does not support the Petitioner 's contention that Elmer Lewis and Perry
Sing are leadmen . The evidence shows that Lewis works as a rotator operator in the lard
department while Sing works as a stuffer in the sausage department . As both Lewis and
Sing devote all their time to production work, we shall include them.
89 NLRB No. 73.
535
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
leadmen, one assigned to the shipping department, one to the egg
department, and one who works with the general factory employees.
These three men devote practically all their time to production work.
Although they transmit instructions to employees, they exercise no
independent judgment or discretion. Occasionally lead men relieve
their foreman especially during vacation periods but even at these
times, they do not have all the authority of foremen. We are of the
opinion that lead men are not supervisors and accordingly shall in-
clude them.3
The assistant engineer: The Petitioner contends that this individual
exercises supervisory functions and should be excluded. The record
shows that the assistant engineer is hourly paid and spends all his
time in maintenance work. He has no authority to effect or recom-
mend changes in the status of employees. We find that he is not a
supervisor and shall therefore include him.
The floorlady in the bacon room: The Employer and the Intervenor
would include while the Petitioner would exclude the floorlady in the
bacon room. This individual is the wife of the plant superintendent.
Although she does production work she has authority to recommend
the discipline of employees. Under these circumstances, we shall ex-
clude the floorlady in the bacon room.
Watchmen: There is a watchman assigned to each of three shifts.
The day shift watchman directs traffic into the plant 2 or 3 days a
week and spends the balance of his time performing the normal duties
of plant guard. The other two watchmen devote their time exclusively
to guard duties. We find that the three watchmen are guards within
the meaning of Section 9 (b) (3) of the Act and shall accordingly
exclude them.
Carl Rush: The Petitioner would exclude Rush as a supervisor while
the Employer and the Intervenor would include him. Rush works in
the killing and cutting department and is classified as an assistant
foreman. He substitutes for the foreman of his department when
the latter is out of the department or absent from the plant and at
such time Rush has the foreman's authority to discipline employees.
The record shows that he acts as foreman an average of 8 to 10 hours
a week and during the foreman's vacation period. The balance of
Rush's time is devoted to production work. Under these circumstances,
including his regular service as a foreman, we find that Rush is a
supervisor and shall therefore exclude him.'
3 Overhead Door Company of Pennsylvania, Inc., 86 NLRB 65. Epp Furniture Company,
et al., 86 NLRB 120.
4 Salt Lake Refining Company , 86 NLRB 68.
EAST TENNESSEE PACKING COMPANY 537
We find that all the Employer's production and maintenance em-
ployees, including truck drivers, lead men, the assistant engineer, but
excluding the floorlady in the bacon department, watchmen, guards,
plant and office clerical employees, salesmen, professional employees,
Carl Rush, and all other supervisors as defined in the Act, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 6
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining,
by United Packinghouse Workers of America, C. I. 0., or by Inde-
pendent Union of Meat Cutters and Packinghouse Employees, or by
neither.
.6 The compliance status of the Intervenor has lapsed since the hearing in this matter.
The Regional Director is herewith instructed to delete the Intervenor from the ballot in
the election directed herein if the Intervenor has not, within 2 weeks from this date,
renewed its compliance with Section 9 (f), (g), and (h).