John P. Squire Co.

National Labor Relations Board - Board Decisions

Nov 15, 1948

80 N.L.R.B. 307 (N.L.R.B. 1948)

In the Matter of SWIFT AND COMPANY, DOING BUSINESS AS JOHN P.
SQUIRE COMPANY, EMPLOYER and SAUL QUERIDO , PETITIONER and
LOCAL 49A, UNITED PACKINGHOUSE WORKERS OF AMERICA, C. I. 0.,
UNION
Case No . 1-RD-29.-Decided November 15, 1914
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before a hearing officer of the National Labor Relations Board.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed 1
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner, an employee of the Employer, asserts that the
Union is no longer the representative of the Employer's employees as
defined in Section 9 (a) of the Act.
The Union, a labor organization affiliated with the Congress of
Industrial Organizations, was certified by the Board on October 7,
1944, as the bargaining representative of employees of the Employer.2
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
'At the hearing the Union sought to prove a refusal by the Employer to bargain with
the Union , after certification by the Board . The hearing officer refused to permit the
Union to elicit such testimony The Board has consistently refused to admit testimony
pertaining to unfair labor practices in representation cases. The ruling of the hearing
officer was in accordance with this policy and is affirmed . Matter of Grinnell Company
of the Pacific, 71 N L It. B. 1370.
*Chairman Herzog and Members Reynolds and Gray.
2 The Employer and the Union have never, however , entered into any contractual
relationship
80 N. L. R. B., No. 65.
817319-49-vol 80-21 307
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All plant department clerks of Swift and Company, doing business
as John P. Squire Company, Cambridge, Massachusetts, including
the yard clerk and shipping office receiving clerk, but excluding the
plant receiving clerk, guards, professional employees, and supervisors
as defined in the Act .3
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Swift and Company, doing
business as John P. Squire Company, Cambridge, Massachusetts, 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 supervision of the Regional Director for the First
Region, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate in paragraph 4, above,
who were employed during the pay-roll period immediately preced-
ing 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, but excluding employees who have quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether or not they
desire to be represented, for purposes of collective bargaining, by
Local 49A, United Packinghouse Workers of America, C. I. O.
8 The unit described conforms essentially to the unit finding of the Board in the direction
of election which resulted in the Union's certification. See Matter of Swift and Company
d/b/a John P. Squire Company, 57 N. L R. B. 1740.
4 Under our policy, the Union will be certified if it wins the election, provided that at
the time it is in compliance with Section 9 (f) and (h) of the Act. Absent such compliance,
the Board will only certify the arithmetical results of the election. Matter of Harris
Foundry d Machine Company, 76 N. L. R. B. 118.