Ed Auge Packing Co.

National Labor Relations Board - Board Decisions

Jul 23, 1947

74 N.L.R.B. 585 (N.L.R.B. 1947)

In the Matter of ED AuGE PACKING COMPANY , EMPLOYER and AMAL-
GAMATED MEAT CUTLERS AND BUTCHER WORKMEN OF NORTH AMER-
ICA, AFL, PETITIONER
Case No. 16-R-9,214.-Decided July 23,1947
Messrs. Walter C. Wolff and George M. Mayer, both of San An-
tonio, Tex., for the Employer.
Mr. Allen Williams, of San Antonio, Tex., for the Petitioner.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Sari
Antonio and Dallas, Texas, on April 1 and 11, 1947, before Elmer
P. Davis, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Ed Auge Packing Company is a Texas corporation engaged at
San Antonio, Texas, in the purchasing, slaughtering, packing, and
distribution of meat and its byproducts. During the year 1946, the
Employer purchased products valued at approximately $1,590,000,
approximately $34,000 of which was purchased outside the State of
Texas.' During the same period the Employer purchased hogs from
outside the State valued at approximately $22,000.2 During the same
period the Employer's total sales exceeded $1,930,000 in value, of
,N hich approximately $25,000 represented sales of inedible tallow for
shipment outside the State,- and approximately $87,000 represented
1 These supplies consisted largely of spices, cereals , casings, office supplies , containers,
tires, and cheese.
s The Employer testified that in the future all hogs will be purchased locally.
' The Employer testified that it has discontinued the sale of inedible tallow to out-of-
State firms and is now selling all of this byproduct to Procter and Gamble of Dallas , Texas.
74 N. L . R. B., No. 113. 585
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sales of hides to the Finnegan Hide Company, San Antonio, Texas-
Virtually all of these hides are ultimately shipped by the Finnegan
Hide Company to points outside the State.
We find, contrary to the contention of the Employer, that it is en-
gaged in commerce within the meaning of the National Labor Relations
Act.
H. THE ORGAN IZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
representative of employees of the Employer until the Petitioner has
been certified by the Board in an appropriate Unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit comprised of all the Employer's em-
ployees, excluding stockyard department employees, professional em-
ployees, office and clerical employees, salesmen, administrative em-
ployees, and all supervisory employees. The Employer agrees gen-
erally with the composition of the proposed unit except that it opposes
the inclusion of truck drivers and loaders in the unit. The Employer
further contends that some of the employees sought to be included
are not themselves engaged in commerce. However, it is clear from
the record that the Employer operates its plant as an integrated
enterprise and we therefore find that all the Employer's operations
here in question are within the scope of the Act's coverage. In view
of the Employer's opposition to including the truck drivers and
loaders, we shall exclude these employees from the unit in accordance
with our usual practice.4
We find that all production and maintenance employees employed
by the Employer at San Antonio, Texas, excluding truck drivers and
loaders, stockyard department employees, administrative employees,
professional employees, office and clerical employees, salesmen, execu-
tive employees, and all other supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
4 Matter of Byron Jackson Company, 66 N L R. B. 1312 ; Matter of Triangle Hosiery
Company, Inc , 65 N. L. R. B. 69.
ED AUGE PACKING COMPANY
DIRECTION OF ELECTION
587
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Ed Auge Packing Company,
San Antonio, Texas, 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 Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
*Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 Amalgamated Meat Cutters and Butcher Workmen
of North America, AFL, for the purposes of collective bargaining.