Kuhner Packing Co.

National Labor Relations Board - Board Decisions

Apr 5, 1941

30 N.L.R.B. 937 (N.L.R.B. 1941)

In the Matter Of KIIHNER PACKING COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. R-2007.-Decided April 5, 1941
Jurisdiction : food products manufacturing industry.
Investigation and Certification of Representatives : existence of question: stip-
ulated ; election necessary.
Unit Appropriate for Collective Bargaining : single unit comprising production
and maintenance employees and truck drivers at three of the plants, of the
Company, excluding supervisory, clerical employees, and watchmen.
Messrs. Bracken, Gray, and DeFur, by Mr. Myron H. Gray, of
Muncie, Ind., for the Company.
Mr. Richard H. Oberreich, of Indianapolis, Ind., for the Union.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 13, 1940, Packinghouse Workers Organizing Committee,
affiliated with the C. I. 0., herein called the Union, filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Kuhner Packing Company,
Muncie, Indiana, herein called the Company, and requesting an inves-
tigation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the Act.
Thereafter, the Company filed an answer which, in substance, denied
the jurisdiction of the Board. On August 5, 1940, 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'Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered an
investigation and directed the Regional Director to conduct it and
to provide for an appropriate hearing on due notice.
On August 8, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to the notice a hearing was held on August. 19, 1940, at
30 N. L. R. B., No. 133.
937
938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Muncie, Indiana, before Arthur R. Donovan, the Trial Examiner duly
designated by the Chief Trial Examiner. ' The Company and -the
Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. Pursuant to the request of the Company a hearing for the
,purpose of oral argument was set for, and held, on September 12, 1940.
On October 4, 1940, the Board issued an order reopening the record
and directing that a further hearing be held for the purpose of allow-
ing evidence on behalf of the Kuhner Labor Association. On Decem-
ber 3, 1940, the Company filed a motion to dismiss the petition on the
ground that no proceedings were held pursuant to the order reopening
the record and the further ground that a complaint charging the
Company with violating Section 8 (1), (2), and (3) of the Act had
been issued. The complaint was settled by agreement and by compli-
ance with the recommendations contained in the Intermediate, Report
of the Trial Examiner in Case No. C-1803, which provided, inter alia,
for the disestablishment of the Kuhner Labor Association. The Board
hereby vacates the order reopening the record. The Company has
joined in the Union's request for an election and the Company'ss motion
to dismiss is accordingly denied. -
During the course of the hearing the Trial Examiner made several
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
I. THE BUSINESS OF THE COMPANY
The Company is an Indiana corporation engaged in the slaughter
of cattle, hogs, sheep, and calves, and in the manufacture and sale of
fresh and cured meats and fish, oleomargarine, cheese, and like com-
modities at Muncie, Fort Wayne, and Indianapolis, Indiana.
The Company's purchases during the years 1938 and 1939 amounted
to $13,277,843.43 in value, of which approximately 17 per cent were
made outside the State of Indiana. During the years 1938 and 1939
the Company sold products approximating $16,155,935.34 in value of
which 2.5 per cent were shipped to points outside the State of Indiana.
H. THE ORGANIZATION INVOLVED
Packinghouse Workers Organizing Committee is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. It ad-
mits to membership employees of the Company.
BURNER PACKING COMPANY
HI. THE QUESTION CONCERNING REPRESENTATION
939
The parties stipulated that a question concerning representation
existed by reason of the fact that the Company refuses to recognize
the Union until it is certified by the Board.
At the hearing there was adduced in evidence a statement of the
Regional Director showing substantial designations of the Union.'
We find that a question has arisen concerning the representation
of the 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.
V. THE APPROPRIATE UNIT
The parties agreed that the appropriate unit or units should consist
of all production and maintenance employees and truck drivers, ex-
cluding supervisory and clerical employees and watchmen. The Union
contends that the Muncie, Indianapolis, and Fort Wayne plants should
constitute a single bargaining unit, while the Company contends that
the Muncie and Indianapolis plants should constitute one unit and
the Fort Wayne plant a unit separate therefrom.
The record discloses that there are about 20 employees at the Indian-
apolis plant which is engaged only in slaughtering, and in selling prod-
ucts manufactured at the Muncie plant, and,is under the direction
and management of the Muncie plant. Since no one questions the
propriety of the' inclusion of the Indianapolis employees in a unit
with the employees at the Muncie plant, we shall pass to a considera-
tion of whether the employees at the Fort Wayne plant should not also
be included in said unit.
The Muncie and Fort Wayne plants, employing about 300 and 175
persons respectively, are engaged in packing the same kinds of goods
' In support of its claim to represent 200 employees in the alleged appropriate unit, the
Union submitted to the Regional Director 200 application cards for membership in the
Union, 35 of which were dated between June 1, 1930, and December 31, 1939, and 165 of
xthich were dated between January 1940 and July 31, 1940. All the signatures affixed to
the application cards appeared to be genuine original signatures 80 of 92 signatures which
appeared to be genuine and original were the names of persons whose names were on the
Company's August 3, 1940, pay roll at Fort Wayne, Indiana. 90 of 108 signatures which
appeared to be genuine and original were the names of persons whose names were on the
Company 's August 3 , 1940, pay roll for the Muncie and Indianapolis plants. There are
more than 400 employees in the unit which the Union claims is appropriate.
940 DECISIONS OF NATIONAL LABOR REIJATIONS BOARD
under similar working conditions. The machinery in.the t*o,plants
is 'similar and safety rules and supervisory duties are the same. There
is no interchange of goods in process nor of employees between the
plants but conditions are sufficiently. similar to, permit such ^inter-
,change. The Fort Wayne plant is under separate management which
has authority to make purchases and sales, hire and discharge; and
approve credit, and which maintains a separate bookkeeping system
and sales force, covering a different territory. However, its general
policies are controlled by the board of directors of the Company,
it must consult with the management of the Muncie plant concerning
wages and hours of employment of its employees, and it is not au-
thorized to enter into a collective bargaining contract independently.
Employees of all three plants have been organized'by the same labor
organization and no other labor organization is here claiming a differ-
ent unit.
Under the circumstances, we are of the opinion that the three
plants of the Company constitute an appropriate unit. We find that
all production and maintenance employees and truck drivers of the
Company's Muncie, Indianapolis, and Fort Wayne plants, excluding
supervisory and clerical employees and watchmen, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to the employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that 'the question concerning representation can best be
resolved by an election by secret ballot. We shall direct that such an
election be held. The parties stipulated that "a current pay-roll date
may be used as the pay roll to determine the eligible list of voters ..."
We shall direct that all the employees in the appropriate unit whose
names appear on the Company's pay rolls immediately preceding our
Direction of Election, subject to such limitations and-additions as
are set forth in the Direction, shall be eligible to vote.
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 Kuhner Packing Company, Muncie; Indiana,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All production and maintenance employees and truck drivers of
the Company's Muncie, Indianapolis, and Fort Wayne plants, ex-
KUHNER PACKING COMPANY 941
eluding supervisory and clerical employees and watchmen, 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 Rela-
tions Act, 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 ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Kuhner Packing Company, Muncie, Indiana, 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 Eleventh 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 production and maintenance--employees and truck drivers
of the Company's Muncie, Indianapolis, and Fort Wayne plants who
were employed by the Company during the pay-roll period next pre-
ceding the, date of this Direction, including employees who did not
work during such pay-roll period because they were ill or on vacation
or in the active military, service or training of the United States, or
temporarily laid off, but excluding supervisory and clerical employees
and watchmen, and all persons who have quit or been discharged for
cause since that date, to determine whether or not they desire to be
represented by Packinghouse Workers Organizing Committee, affili-
ated with the C. 1. 0., for the purposes of collective bargaining.
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