Kroger Grocery and Baking Co.

National Labor Relations Board - Board Decisions

Apr 15, 1942

40 N.L.R.B. 582 (N.L.R.B. 1942)

In the Matter of KROGER GROCERY AND BAKING COMPANY, MEAT PACK-
ING DIVISION and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE,
LOCAL #169, AFFILIATED WITH THE C. I. O.
Case No. R-3696.-Decided April 15,19,429
Investigation and Certification of Representatives : stipulation for certification
upon consent election
Mr. George J. Bott, for the Board.
Mr. R. C. McClements, of Omaha, Nebr., for the Company.
Mr. H. R. Ballard, of Omaha, Nebr., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
I
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 5, 1942, Packinghouse Workers Organizing Committee,
affiliated with the C. I. 0., herein called the Union,' filed with the
Regional Director for the Seventeenth Region (Kansas City, Missouri)
a second amended petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Kroger
Grocery and Baking Company, Meat Packing Division, Omaha, Ne-
braska, herein called the Company,2 engaged in the processing, sale, and
distribution of meat and meat products at wholesale, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On March 18, 1942, 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 Regulations-Series 2, as amended, ordered an investigation
and authorized the Regional Director to conduct it and to provide for
' So described in the petition and amended petitions . In other formal papers the Union
was described as "Packinghouse Workers Organizing Committee, Local # 170 " The parties
have agreed that the correct designation is "Packinghouse Workers Organizing Committee,
Local #169" ; the caption and foinial documents in the case are accordingly corrected.
2 The Company is an Ohio corporation with its principal office at Cincinnati , Ohio. The
only section of the Company here involved is the Meat Packing Division located at Omaha,,
Nebraska
40 N L R B, No. 104
582
I
KROGER GROCERY AND BAKING COMPANY 583
an appropriate hearing upon due notice. 'On March'13, 1942, the Com-
pany, the Union,.and the Regional Director entered into a "STIPULA-
lION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on March 24, 1942, under the direction and'supervision of the
Regional Director, among the following employees to determine
whether or not they desired to be represented by the Union: all pro-
duction and maintenance employees of the Company at its Omaha,
Nebraska, Meat Packing Division, excluding foremen, , supervisors,
operating engineers, office personnel, watchmen, and extra hide take-up
men.
On March 25, 1942, the Regional Director issued and duly served
upon the parties his Election Report on the ballot. No objections to-
the conduct of the ballot or the Election Report have been filed by
any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list_______________________________________ 56
Total ballots cast --------------------------------------------- 52
Total ballots challenged________`______------------------------------
Total blank ballots -------------------- '------------------------- 0
Total void ballots-------------------------------------------- 0
Total valid votes counted_____________________________________ 52
Votes cast for Packinghouse Workers Organizing Committee,
Local #169, affiliated with the C I. 0 -------------- ---------- 50
Votes cast against Packinghouse Workers Organizing Committee
Local #169, affiliated with the C I O______________________ 2
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Kroger Grocery and Baking Company,
Meat Packing Division, Omaha, Nebraska, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act. , 1
2. All production and maintenance employees of the Company at
its Omaha, Nebraska, Meat Packing Division, excluding foremen,
supervisors, operating engineers, office personnel, watchmen, and extra
hide take-up men, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. -Packinghouse Workers Organizing Committee, Local #169, af-
filiated with the C. 1. 0., has been designated and selected by a majority
of the employees in the above unit as their representative for the
f
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purposes of collective bargaining and is the exclusive representative
of all the employees in said unit, within the meaning of Section 9 (a)
of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, ,
IT Is HEREBY CERTIFIED that Packinghouse Workers Organizing Com-
mittee, Local #169, affiliated with the C. I. 0., has been designated
and selected by a majority of all the production and maintenance
employees of Kroger Grocery and Baking Company at its Omaha,
Nebraska, Meat Packing Division, excluding foremen, supervisors,
operating engineers, office personnel, watchmen, and extra hide take-up
men, as their representative for the purposes of collective bargaining,
and that, pursuant to the provisions of Section 9 (a) of the Act, Pack-
inghouse Workers Organizing Committee, Local #169, affiliated with
the C. 1. 0., is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.