Iowa Packing Co.

National Labor Relations Board - Board Decisions

Nov 7, 1944

59 N.L.R.B. 99 (N.L.R.B. 1944)

In the Matter Of IOWA PACKING COMPANY and BROTHERHOOD OF PACK-
ING HOUSE WORKERS, LOCAL No. 56-A
Case No. 18-B-1045.-Decided November 7, 1944
Messrs. E. L. Crain and J. L. Film, of Chicago, Ill., for the Company.
Mr. Don Mahon, of Des Moines, Iowa, for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed -by Brotherhood of Packing House
Workers, Local No. 56-A, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Iowa Packing Company, Des Moines, Iowa, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before William J. Scott,
Trial Examiner. Said hearing was held at Des Moines, Iowa, on
October 6, 1944. The Company and the Union appeared and par-
ticipated., All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the hearing, the Company moved to dismiss the
Union's petition on the ground that plant-protection employees are
a part of management. The Trial Examiner reserved ruling on the
Company's motion for the Board's determination. For reasons stated
in Section IV, infra, the Company's motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial 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
1. THE BUSINESS OF THE COMPANY
The Company, a division of Swift & Company, which is an Illinois
corporation, is engaged in the business of purchasing, slaughtering,
' The United Packinghouse Workers of America, C. I 0 , which represents the Comnanv's
production and maintenance employees , was also served with notlee, but did not appear at
the hearing.
59 N. L. R B., No. 25.
99-
100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and processing of hogs, cattle, and sheep. During 1943, the Company
purchased almost all of its livestock within the State of Iowa. The
purchases for that period amounted to more than $25,000,000 in value.
The Company shipped approximately 80 percent of its products ,to
points outside the State of Iowa and its sales amounted to more than
$25,000,000 during the past year.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Brotherhood of Packing House Workers, Local No. 56-A, is a labor
organization 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 its plant-protection em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a, Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
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 Union seeks to represent the Company's plant-protection em-
ployees. The Company contends that plant-protection employees are
a part of management and as such, they have no ,right to collective
bargaining. Since, as the Company concedes, its position is con-
trary to the Board's established policy, we have denied the Company's
motion to dismiss the petition.
There is no dispute as to the composition of the unit consisting of
the usual plant-protection employees 3 with- the exception of two em-
ployees, one of whom is a temporary watchman and the other a fire
marshal.4
' The' Field Examiner reported that the Union submitted application -for-membership
cards , 10 of which bore the names of persons appearing on the Company 's pay roll of June
20, 1944. There are approximately 14 employees in the appropriate unit. The cards
were dated in June 1944.
3 The plant-protection employees include watchmen , clock pullers , uniformed police, and
guards They are no longer militarized , though they are all deputized with the exception
of the two new employees.
4 These two employees are Ray Anderson and Fred Wagner.
IOWA PACKING COMPANY 101
The employee who is working as a watchman temporarily, is a
foreman who has been ill for some time and who has continued to
work at his foreman's rate of pay until he is able to resume his former
duties. This individual has been a watchman for more than G months
and it is uncertain when his health will permit him to return to his
position as foreman. Since he is presently working regularly as a
plant-protection employee, we shall include him in the unit as such.
The fire marshal is a one-man department . It is his duty to or-
ganize the fire brigade and inspect the sprinkling system and the fire
equipment. Although the evidence discloses that he is under the
direct supervision of the plant superintendent , he works in close as-
sociation with the plant-protection employees. In view of the fore-
going facts , we shall include the fire marshal in the unit . We shall
exclude the chief of police , Jerry Hull, due to his supervisory
authority.
We find that all plant-protection employees of the Company , includ-
ing all watchmen, clock-pullers, police guards, and fire marshal, but
excluding the chief of police and all other supervisory employees with
authority to hire, promote , discharge , discipline , or otherwise effect
changes in the status of employees , or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining 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 em-
ployees 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 Direc-
tion. In accordance with the_ request made by the Union at the hear-
ing, we shall designate it on the ballot as Independent Brotherhood
of Packing House Workers, Local No. 56-A.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represents-
Lives for the purposes of collective bargaining with Iowa Packing
Company, Des Moines, Iowa, ,in election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director for the Eighteenth 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 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
Independent Brotherhood of Packing House Workers, Local No. 56-A,
for the purposes of collective bargaining.