John P. Squire Co.

National Labor Relations Board - Board Decisions

Apr 25, 1944

56 N.L.R.B. 5 (N.L.R.B. 1944)

In the Matter of SWIFT & COMPANY, DOING BUSINESS AS JOHN P. SQUIRE
COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA C. I. 0.,
LOCAL 165 '
Case No. 1-R-1817.-Decided April 25, 1944
Mr. Putnam B. Smi th, of Boston, Mass ., for the Company.
Grant cC Angoff , by Mr . Harold B. Roitman , of Boston , Mass., for
the C. I. 0.
Mr. Aaron Velleman , of Boston , Mass., for the A. F. L.
Mr. David V . Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, C. I. 0.,1 herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of John P. Squire Company,2 Cambridge, Massachusetts,
herein called the Company, the National Labor Relations Board pro-
' vided for an appropriate hearing upon due notice before Leo J. Hallo-
ran, Trial Examiner. , Said -hearing was held at Boston, Massachu-
setts, on March 24,1944. The Company, the C. I. 0., and United Soap,
Glycerin & Edible Oil Workers, Local 22050 (A. F. L.), herein called
the A. F. L., appeared, participated, and were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board. -
, The record discloses that Local 165 is the organization more particularly concerned
herein . All papers in this proceeding are hereby amended to reflect the true name of the
petitioner.
2 The record discloses that "Swift & Company, doing business as John P. Squire Com-
pany," Is the correct name of the Company herein. All papers in this proceeding are hereby
amended,to reflect the true name of the Company.
56 N. L. R. B., No. 2. -
5
6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board m akes the following: ,
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Swift & Company, a Massachusetts corporation, operates, under the
trade name of John P. Squire Company, a plant located in Somerville
and Cambridge, Massachusetts, with which we are concerned herein.
As part of the manufacturing processes conducted at said plant, the
Company operates a soap department, whose employees are the subject
of the instant proceeding. During the calendar year 1943, the Com-
pany, purchased raw materials from points outside the State of Massa-
chusetts valued in excess of $23,000,000. During the same period the
Company made sales of manufactured and finished products to points
outside the State of Massachusetts valued at more than $21,000,000.
For the soap department alone, the Company purchased raw materials
from points outside the State of Massachusetts valued in excess of
$900,000, and. sales of finished .products, of the department to points
outside the State of Massachusetts exceeded $2,000,000 in value. We
find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Packinghouse , Workers of America, Local 165, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Unit®d Soap , Glycerin & Edible Oil Workers , Local 22050 , is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 7, 1943, the Company and the A. F. L. executed an agree=
meat in which the Company recognized,the A. F. L. as the sole col-
lective , bargaining agent for all regular, production and maintenance
employees in its soap department. The agreement further provided
that it was to remain in full force and effect until April 7,,19.44,_and
from-year-to-year thereafter, in the, absence of a desire by either party
to terminate; change; or •aiiiend the contract. ' ' On "or about February
1, 1944, the C. I. O. addressed a letter to the Company requesting
recognition as, the collective bargaining representative of certain of
its employees. The Company replied by letter on or- about February
28, 1944, stating that it was currently operating under a contract with
the A. F. L., and refused to grant recognition to the C. I. O. in the
SWIFT & COMPANY
absence of certification by the Board. In view of the timely presenta-
tion of the representation claim of the C. I. 0., we find that the con-
tract does not constitute a bar to a -present determination of repre-
sentatives. I '
A statement of a Board Field Examiner, introduced into evidence
at the hearing,, indicates that the C. I. O. represents a substantial
number of employees in'the unit hereinafter found appropriate.3
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
Substantially in accordance with a stipulation of the parties made
at the hearing, we find that all regular soap department production
and maintenance employees of the Company at its Cambridge plant,
excluding salesmen, office and clerical employees, watchmen, outside
truck drivers, executives, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise 'effect changes in
the status of employees, or effectively recommend such action; consti-
tute a unit appropriate 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 the Direction of Election
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Swift & Company,
doing business as John P. Squire Company, Cambridge, Massachusetts,
an election by secret ballot shall be conducted as early as possible, but
H The Field Examiner reported that the C I 0 submitted 28 membership cards
and that the Company employed • 65 employees in the unit hereinafter found appropriate.
The A. F. L. relies upon its contract of April 7, 1943 , for the establishment of its interest.
4 The C. I. O. requested that it be designated upon the ballot as "United Packinghouse
Workers of America ( CIO), Local 165." This request is hereby granted.
8 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of, the Regional Director for the First
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject' to Article III, Sections 10 and 11, of said
Rules and,Regu'lations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees 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 they desire to
be represented by United Packinghouse Workers of America (CIO),
Local 165, or by United Soap, Glycerin & Edible Oil Workers, Local
22050, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither.'