John Morrell & Co.

National Labor Relations Board - Board Decisions

Oct 7, 1942

44 N.L.R.B. 870 (N.L.R.B. 1942)

In the Matter of JOHN " MORRELL & COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE , C. I. O.
Case 'No. R-4280.--Decided October 7, 1942
Jurisdiction : meat packing industry.
Investigation and Certification of' Representatives : existence of question : re-
fusal to accord union recognition until certified by the Board; election neces-
sary.
-Unit Appropriate for Collective Bargaini'ig : all production and in.untenanVe em-
ployees and department clerks employed in the Company's plant, wholesale
inarket,_and stockyards, but excluding the hide take-up gang and other similar
temporary labor, office personnel, superintendents, foremen, assistant foremen,
timekeeper, and employees in the timekeeper's office, salesmen, stock buyer s,
watchmen, patrolmen, and nurses; stipulation as to.
Mr. George F. Heindel, of Ottumwa;'Iow^, and Mr. R. M. Owth-
waite, of Topeka, Kans., for the Company.
Mr. H. C. Fremming and Mr. Ralph Baker, of Kansas City, Mo.,
and Mr. Leslie O'Rear and Mr. Earl Pennington, of Topeka, Kans.,
for the P. W. O. C.
Mr. Sam Twedell and Mr: Max Crowell, of Sioux Falls, S. Dak., and
Mr. V., Lyle Green, of Topeka, Kans., for the Amalgamated.
Air. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Packinghouse Workers Organizing
Committee; C. I. 0., herein called the P. W. O. C., alleging that a
question affecting commerce had arisen concerning the representation
of the employees of John Morrell & Company, Topeka, Kansas, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Eugene R. Mclson,
Trial Examiner. Said he:uring, was held at Topeka, Kansas, on Sep-
tember 15,1942. The Company, the P. W. O. C., and the Amalgamated
Meat Cutters,ancl Butcher Workmen of North America, A. F. of L.,
herein called the Amalgamated, appeared, participated, and were af-
44 N. L. R. B., No. 171.
870
JOHN MORRELL- & COMPANY 871
forded full opportunity'to be heard, to examine and cross-examine;
witnesses, and to introduce evidence bearing on the issues. The ,Trial .
Exaininer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. ' -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF-THE COMPANY
John Morrell & Company is a Maine corporation with its principal
place of business in Ottumwa, Iowa. The Company's plant at Topeka,
Kansas, at which it is engaged in the business of slaughtering, proc-
essing, packing,'and distributing meat and allied-products, is the-only
one involved in this proceeding. In excess of 10 percent of the live-,'
stock purchased for use in this plant is purchased outside the State of
Kansas, and 75 percent of the products of said plant is transported
and-distributed to points outside the State of Kansas. During calen-
dar year 1941, raw materials valued in excess of $12,500,000, were used,
in the plant and the total sales were in excess of $17;900,000.
H. THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. It ad-
mits to membership employees of the Company.
_
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica is a labor organization affiliated with the American .Federation of,
Labor. It admits to membership employees of the Company.,
III. THE QUESTION CONCERNING REPRESENTATION
The P. W. O. C. and the Amalgamated have requested the Company'
to recognize them as exclusive bargaining agents for the,Company's
employees. The Company has refused to recognize- either union until
one has obtained the Board's certification. -
A statement by a field examiner of the Board, introduced' in `evi- ',
dente at the hearing, indicates that the P. W. O. C. represents a sub-
stantial number of employees in the unit hereinafter found'to,be
appropriate.) -
The statement by the Field Examiner shoos that the P. W. O. C. submitted to him 624
author ization cards of employees of the Company. Of these cards, 518 bear names of persons
appearing on the Company's pay roll of August 12, 1942, which contains 1373 names of
persons in the appropriate unit. These 518 cards are dated between March 1, 1941 and
August 1942, and bear apparently genuine, original signatures.
The Amalgamated submitted to the Field Examiner 246 application -for-membership' cards,
all of which appear to bear genuine , original signatures Of these cards , 165 bear the names
of persons whose names appear on the Company' s pay roll of August 12, 1942. These 165
872 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning
representation of, employees of the Company, within the meaning of
Section 9 (c), and Section 2 (6) and (7) of the National Labor Rela-
tions Act.,
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees ,and department Clerks em-
ployed in the Company's Topeka, Kansas, plant; wholesale market,
and stockyards, but excluding the hide take-up gang and other similar
temporary labor, office personnel, superintendents, foremen, assistant
foremen, timekeeper and employees in the timekeeper' s office, salesmen,
stock buyers, watchmen, patrolmen, and nurses, constitute a unit ap-
propriate 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 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 our Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with John Morrell &
Company, Topeka, Kansas, an 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
Regional. Director for the Seventeenth Region, acting in this matter
as' agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations, among the em-
ployees 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
cards are dated between March 1941 and 'June 1941 . The Amalgamated further submitted
to the Field Examiner 6 petitions dated July 26, 1941 , bearing 123 signatures which appear to
be genuine and original ; 70 of these signatures are names of persons on the Company's pay
roll of August 12, 1942.
JOHN MORRELL & COMPANY . 873
pay-roll period because they were ill or on vacation or in the active'
military service or training of the United States, or temporarily laid
off, but excluding employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by Pack-
inghouse Workers Organizing Committee, C. I. 0., or the Amalga
mated Meat Cutters and Butcher Workmen of North America, A. F.
of L., for the purposes of collective bargaining, or by neither.
Mn. Wm. 'M. LEisERSON took no part in the consideration of the
above Decision and Direction of Election.