John Morrell & Company

National Labor Relations Board - Board Decisions

May 20, 1939

12 N.L.R.B. 1132 (N.L.R.B. 1939)

In the Matter of JOHN MORRELL & COMPANY and LOCAL 304, AMAL-
GAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA,
AFFILIATED WITH THE A . F. of L.
Case No. B-1351.-Decided May 00, 1939
Meat Packing Industry/-Investigation of Representatives: controversy con-
cerning representation of employees : rival organizations ; refusal of employer
to recognize either union until certified by Board ; stipulation as to-Unit
Appropriate for Collective Bargaining: all employees at plant involved, exclud-
ing supervisors, foremen, assistant foremen, strawbosses, overseers, all general
office employees, all salesmen, and all Yorkshire Creamery employees-Repre-
sentatives : eligibility to participate in choice : "employees of the Company" as
stipulated-Election Ordered: eligibility date stipulated.
Mr. Lee Loevinger, for the Board.
Boyce, Warren d Fairbank, by Mr. John S. Murphy and Mr. John
R. McDowell, of Sioux Falls, S. Dak., for the Company.
Mr. Sam Twedell, of Sioux Falls, S. Dak., for the Amalgamated.
Mr. Claude A. Hamilton, of Sioux Falls, S. Dak., for the Inde-
pendent.
Mr. Francis V. Paone, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 1, 1939, Local 304, Amalgamated Meat Cutters and
Butcher Workmen of North America, affiliated with the A. F. of L.,
herein called the Amalgamated, filed a petition with the Regional
Director for the Eighteenth Region (Minneapolis, Minnesota) alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of John Morrell & Company, Sioux
Falls, South Dakota, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act.
On April 4, 1939, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
12 N. L. R. B., No. 114.
1132
JOHN MORRELL & COMPANY 1133
Regulations-Series 1, as amended, ordered an investigation of rep-
resentatives and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice; and acting
pursuant to Article III, Section 10 (c), and Article II, Section 37
(b), of said Rules and Regulations, further ordered that the case be
consolidated for the purpose of hearing with another proceeding, Case
No. XVIII-C-219, based upon a complaint alleging that the Com-
pany was engaged in unfair labor practices.
On April 6, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the Amal-
gamated, upon the Independent Packing House Workers Union of
Sioux Falls, South Dakota, herein called the Independent, and upon
United Packing House Workers, Local Industrial Union No. 802,
herein called the United, labor organizations claiming to represent
employees directly affected by the investigation. Pursuant to the
notice, a joint hearing upon the petition and the complaint was held
at Sioux Falls, South Dakota, on April 13, 14, and 15, 1939, before
Mapes Davidson, the Trial Examiner duly designated by the Board.
The Board, the Company, and the Independent were represented by
counsel and participated in the hearing. The Amalgamated was rep-
resented by its financial secretary and likewise participated in the
hearing. The United did not appear at the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made rulings
on several motions and 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.
On April 27, 1939, the Board, acting pursuant to Article II, Section
37 (b), and Article III, Section 10 (c) (2), of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
that Cases Nos. R-1351 and XVIII-C-219 be severed, and that each
case be continued as a separate proceeding.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
John Morrell & Company, a Maine corporation, is engaged in
purchasing and slaughtering of livestock, and processing and distrib-
uting meat products and byproducts. The Company is qualified to
do business in 31 States, and owns four subsidiary companies in
England.
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the fiscal year 1938 the Company purchased livestock and
other raw materials and supplies as follows : Cattle valued at $7,866,-
910,50 per cent of which were purchased outside South Dakota ; calves
valued at $59,159, 50 per cent of which were purchased outside South
Dakota; hogs valued at $14,967,176, 40 per cent of which were pur-
chased outside South Dakota; sheep valued at $1,419,745, 70 per cent
of which were purchased outside South Dakota ; and other raw mate-
rials and supplies valued at $2,621,691, 58 per cent of which were
purchased outside South Dakota.
For the last half of the fiscal year 1938 approximately 94 per cent
of the products of the Sioux Falls plant were shipped to points out-
side the State of South Dakota.
II. THE ORGANIZATIONS INVOLVED
Local 304, Amalgamated Meat Cutters and Butcher Workmen of
North America, is a labor organization affiliated with the American
Federation of Labor . It admits to membership the Company's em-
ployees, with certain exceptions , at the Sioux Falls plant.
Independent Packing House Workers Union of Sioux Falls, South
Dakota, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing, the Company, the Amalgamated, and the Inde-
pendent stipulated that a question concerning representation existed
by virtue of the claims of both the Amalgamated and the Independent
to represent a majority of the employees in the appropriate unit, and'
that the Company desires to have the Board certify the union which
represents a majority of its employees before negotiating with either
organization.
We find that a question has arisen concerning 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
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
JOHN MORRELL & COMPANY
V. THE APPROPRIATE UNIT
1135
At the hearing, the Company, the Amalgamated, and the Inde-
pendent stipulated that all employees at the Company's Sioux Falls
plant, excluding supervisors, foremen, assistant foremen, strawbosses,
overseers, all general office employees, all salesmen, and all York-
shire Creamery employees, constitute a unit appropriate for collec-
tive bargaining. It was further stipulated that the term "employees
of the Company," as used in the stipulation, included "all those
persons who at a particular time are eligible for reinstatement by
virtue of having acquired six months seniority rights with the Com-
pany and all employees who work in the plant, as distinguished
from general office, although their work may be clerical in nature."
We see no reason for departing from the wishes of the parties in this
regard, and we shall adopt the stipulated unit. The term "employees
of the Company," as used hereinafter in this connection, shall be
deemed to include the categories set forth above in the stipulated
definition of the term.
We find that all the employees at the Company's Sioux Falls
plant, excluding supervisors, foremen, assistant foremen, strawbosses,
overseers, all general office employees, all salesmen, and Yorkshire
Creamery employees, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to employees
of the Company the full benefit of the right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the parties stipulated that the question concerning
representation could best be resolved by an election by secret ballot.
The parties further agreed that all the employees of the Company
in the above-described unit employed on the second Thursday prior
to the date upon which the election is held, excluding those who
have since that time quit or been discharged for cause, should be
eligible to vote in the election. We shall adopt these agreed eligi-
bility provisions, and shall also include those employees who did
not work on the specified day because they were ill or on vacation.
Since the United did not appear at the hearing to make any claim
to representation, its name will not be placed on the ballot.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of John Morrell & Company, Sioux Falls,
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
South Dakota, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All the employees at the Company's Sioux Falls plant, exclud-
ing supervisors, foremen, assistant foremen, strawbosses, overseers,
all general office employees, all salesmen, and Yorkshire Creamery
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with John Mor-
rell & Company, Sioux Falls, South Dakota, an election by secret
ballot shall be conducted within fifteen (15) days from the date of
this Direction, under the direction and supervision 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 all the em-
ployees of John Morrell & Company, Sioux Falls, South Dakota,
who are employed by the Company on the second Thursday prior to
the date upon which the election is held, including employees who
did not work on such day because they were ill or on vacation, ex-
cluding supervisors, foremen, assistant foremen, strawbosses, over-
seers, all general office employees, all salesmen, Yorkshire Creamery
employees, and employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by
Local 304, Amalgamated Meat Cutters and Butcher Workmen of
North America, affiliated with the American Federation of Labor, or
by Independent Packing House Workers Union of Sioux Falls,
South Dakota, for the purposes of collective bargaining, or by neither.