John Morrell & Co.

National Labor Relations Board - Board Decisions

Feb 21, 1941

29 N.L.R.B. 1008 (N.L.R.B. 1941)

In the Matter Of JOHN MORRELL & Co. and LOCAL UNION No. 1,
UNITED PACKINGHOUSE WORKERS OF AMERICA, OF PACKINGHOUSE
WORKERS' ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. 0.
Case No. R-2284.-Decided February 01, 1941
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question : dispute
as to appropriate unit; election necessary.
Unit Appropriate for Collective Bargaining : watchmen, policemen, and firemen
at one of the Company's plants excluding department heads and supervisors,
watchmen at Foster homes, and temporary employees.
Mr. George F. Heindel and Mr. Edward I. Grier, of Ottumwa,
Iowa, for the Company.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Robert G^mtafso-n,
of Ottumwa, Iowa, for the Union.
. Mr. Sidney L. Davis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 12, 1940, Local Union No. 1, United Packinghouse
Workers of America, of Packinghouse Workers' Organizing Com-
mittee, affiliated with the C. I. 0.,1 herein called the Union, filed with
the Regional Director for the Eighteenth Region (Minneapolis,
Minnesota) a petition, and on December 11,_1940, an amended peti-
tion, alleging that a question affecting commerce had arisen concern-
ing the representation of employees at the Ottumwa, Iowa, plant of
John Morrell & Co.,2 Ottumwa, Iowa, herein called the Company, and
requesting an investigation and certification of representatives pur-'
suant to Section 9 (c) of the National Labor Relations -Act, 49 Stat.
449, herein called the Act. On January 15, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
1 Incorrectly designated in the formal papers as Packinghouse Workers Organizing Com-
mittee, Local No. 1. This was corrected by motion at the hearing.
2 Incorrectly designated in the formal papers as John Morrell and Company . This was
corrected by motion at the hearing.
29 N. L. R. B, No. 143.
1008
JOHN MORRELL & CO. - 1009
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions,Board, Rules and Regulations-, Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On January 17, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. On January 24, 1941, the Regional Director issued and
duly served upon the parties an order and notice of continuance of
the hearing. Pursuant to such notice a hearing was held on January
31, 1941, at Ottumwa, Iowa, before Henry W. Lehmann, the Trial
Examiner duly designated by the Board. The Company and the
Union were represented either by counsel or their representatives
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made various rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings 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 & Co., a Maine corporation with its principal offices
and place of business in Ottumwa, Iowa, is engaged in the business of
meat packing, including the slaughter of cattle, calves, hogs, and
sheep, and the processing, manufacture, and canning of various beef,
pork, and mutton products and byproducts. It has three principal
processing plants in the United States, located, at Ottumwa,' Iowa,
herein referred to as the Ottumwa plant, Sioux Falls, South Dakota,
and Topeka, Kansas. In volume of business the Company ranks
among the twenty largest meat packing companies. Net sales of the
Company and its subsidiaries during the most recent fiscal years
were in excess of $99,000,000.
For the fiscal year ending November 2, 1940, the Company
slaughtered and processed at its Ottumwa plant 142,531 cattle, ap-
proximately 85 to 90 per cent of which were purchased in Iowa; 17,-,
045 calves and 1,193,526 hogs, approximately 90 percent of which
were purchased in Iowa; and 430,782 sheep, approximately 45 per
cent of which were purchased in Iowa. The remainder of the live-
stock was purchased in States other than Iowa. No less than 90 per
cent of the products of the Ottumwa plant are sold to purchasers
outside the State of Iowa and in foreign countries.
1010 DECISIONS OF .NATIONAL LABOR .RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Local Union No. 1, United Packinghouse Workers of America,
of Packinghouse Workers, Organizing Committee, is a labor organi-
zation affiliated with the Congress of Industrial Organizations, ad-
mitting to membership watchmen, policemen, and firemen employed
at the Ottumwa plant of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 6, 1937, the Board certified a predecessor of the
Union as representative of the production ands maintenance em-
ployees at the Ottumwa plant of the Company, excluding watchmen,
policemen, firemen, and certain other employees.3 The parties stipu-
lated to the appropriateness of such unit and no labor organization
then claimed to represent the watchmen, policemen, and firemen.
Thereafter, the Company and the Union entered into a contract cov-
ering the employees in the afore-mentioned unit, and at the time of
the hearing the parties were negotiating and bargaining under such
contract.
In October 1940 the Union began to organize the watchmen, police-
men; ,and -firemen. On or about `December ^ 20,-1940,,- and on other
previous occasions , the Union requested the "Colnpiiny to recognize
it as sole collective bargaining representative of such employees.
The Company refused to do so until the Board determined that a
unit of watchmen, policemen, and firemen was appropriate; At the
hearing there was introduced in evidence a report prepared by the
Regional Director showing that the Union represented a substantial
number of employees in the unit found - appropriate in Section V,
in f ra.4
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
8Matter of John Morrell & Co. and United Packing House Workers , Local Industrial
Union No 32, 4 N L R B 436.
4 The report of the Regional Director shows that of 27 employees in the appropriate unit
whose names appear on the December 9, 1940, pay roll of the Company, 8 signed cards
designating the Union as collective bargaining representative , and the names of 7 others
appeared in the dues record of the Union.
JOHN MORRELL & CO. 1011
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that watchmen, policemen, and firemen at the
Ottumwa plant, excluding department heads and supervisors, watch-
men at Foster homes, and temporary employees, constitute an appro-
priate unit. The Company 'takes no position as to the unit, but
stipulated that if the Board sustains the Union's contention as to
the appropriate unit, the exclusions from such unit are proper. The
primary duties of- the watchmen and policemen consist in guarding
the plant and maintaining order. The firemen check the fire equip-
ment and at times substitute for the watchmen. Under the circum-
stances, we see no reason for not finding in accordance with the de-
sires of the Union.
We find that the watchmen, policemen, and firemen employed at
the Ottumwa plant of the Company, excluding department heads
and supervisors, watchmen at Foster homes, and temporary em-,
ployees, constitute a unit appropriate for the purposes of collective
bargaining, and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. We shall use as the date for determining the eligibility of
employees to vote the pay-roll period next preceding the date of the
Direction of Election, subject to such limitations and additions as
are set forth in the Direction.
Upon the basis of the above findings of fact, and upon the entire -
record in the case, the Board makes the following :
CONCLUSIONS OF iLAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the Ottumwa plant of John Morrell & Co.,
Ottumwa, Iowa, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. The watchmen, policemen, and firemen employed at the Ottumwa
plant of the Company, excluding department heads and supervisors,
watchmen at Foster homes, and temporary employees, constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
413602-42-vol 29-65 -
1012 DECISIONS OF NATIONAL LABOR 'RELATION'S BOARD
DIRECTION OF ELECTION.
By virtue of and pursuant to the power vested in the National
Labor Relations Board of Section 9 (c) of the National Labor Rela-
tion Act, 49 Stat. 449, 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 authorized by the Board,
to ascertain representatives for the purposes of collective bargaining
with John Morrell & Co., Ottumwa, Iowa, 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 super-
vision of the Regional Director for the Eighteenth 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 watchmen, policemen, and firemen at the Ottumwa plant
of the Company who were employed during the pay-roll period next
preceding the date of this Direction, including employees who did
not work during such pay-roll period because they were ill or on
vacation and those who were then or have since been temporarily laid
off, but excluding employees who have since quit or been discharged
for cause, and also excluding department heads and supervisors,
watchmen at Foster homes, and temporary employees, to determine
whether or not they desire to be represented by Local Union No. 1,
United Packinghouse Workers of America, of Packinghouse Work-
ers' Organizing Committee, affiliated with the C. I. 0., for the
purposes of collective bargaining.