Oppenheimer Casing Co.

National Labor Relations Board - Board Decisions

Sep 26, 1939

15 N.L.R.B. 671 (N.L.R.B. 1939)

In the Matter Of OPPENHEIMER CASING COMPANY, A CORPORATION and
UNITED PACKINGHOUSE WORKERS OF AMERICA, LOCAL No. 75,
THROITGH . PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, AF-
FILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1353
Sausage Casing Industry-Investigation of Representatives: supplemental
decision based upon further hearing directed by Board in original Decision-
Unit Appropriate for Collective Bargaining: differs from unit found in original
Decision ; all production employees in the sewing and casing departments, ex-
cluding foremen, assistant foremen, administrative, supervisory, clerical and
office employees, watchmen, delivery men, and truck drivers and their assist-
ants-Election Ordered
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
September 06, 1939
On July 7, 1939, the National Labor Relations Board, herein called
the Board, issued a Decision and Certification of Representatives 1
in the above-entitled proceeding in which it found, in substance,
(1) that a question affecting commerce had arisen concerning the
representation of employees of Oppenheimer Casing Company, a.cor-
poration, Chicago,. Illinois; herein called the Company, at its plant
No. 5, (2) that all production employees of the Company in the
sewing department of its said plant, excluding foremen, assistant
foremen, administrative, supervisory, clerical and office employees,
watchmen, delivery men, and truck drivers and their assistants, con-
stituted a unit appropriate for the purposes of collective bargaining,
and (3) that United Packinghouse Workers of America, Local No.
75, affiliated with the Congress of Industrial Organizations, a labor
organization, herein called the United, was the exclusive representa-
tive of all the employees in said unit for the purposes of collective
bargaining. The Board accordingly certified the United as such
exclusive representative.
113 N. L. R. B. 500.
15 N. L. R. B., No. 70.
671
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In its Decision the Board stated that but for the existence of a
contract, expiring September 30, 1939, between the Company and
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, Local 116, affiliated with the American Federation of Labor, a
labor organization, herein called the Amalgamated, whereby - the
Company recognized the Amalgamated as the sole bargaining agent
of the employees in the casing department of the Company's plant
No. 5, the Board would have found that it unit comprising both the
sewing department and the casing department was appropriate. It
stated further that upon a receipt of a request by the United at a
time just preceding the expiration of the contract it would direct
the Regional Director for the Thirteenth Region (Chicago, Illinois)
to cbntinue' his investigation and to provide for a further hearing,
and that, upon the basis of such further hearing, it would again con-
sider the question concerning representation, disregarding any col-
lective bargaining agreement entered into by the Company for a
term extending beyond September 30, 1939.
On August 4, 1939, the Board, upon request of the United, and
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
ordered the Regional Director to conduct it further investigation in
this proceeding and to provide for a further hearing upon clue notice.
Pursuant to notice, it hearing was held on August 21, 1939, at Chi-
cago, Illinois, before Horace A. Ruckel, the Trial Examiner duly
designated by the Board. The Board, the Company, and the Amal-
gamated were represented by counsel, and the United by it represen-
tative; all participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded'all parties.
Upon the entire record in the case, the Board makes the following
supplemental findings of fact which supersede, to the extent that
they are inconsistent with, the findings of fact made in the Board's
afore-mentioned Decision and Certification of Representatives :2
SUPPLEMENTAL FINDINGS OF FACT
1. THE QUESTION CONCERNING REPRESENTATION
In its Decision and Certification of Representatives,2 the Board
stated :
Since the latter part of October 1938, the United, on numer-
ous occasions, has requested the Company to bargain with it as
exclusive representative of employees of the Company within it
2 See footnote 1.
. OPPENHEIMER CASING COMPANY 673
unit comprising both departments of plant No. 5. The Com-
pany has refused to recognize the United as the sole collective
bargaining agent of employees in both departments,. contending
that the departments constitute separate units. It is willing to
recognize the United as the sole collective bargaining agent of
employees in the sewing department alone.
On October 27, 1938, the Company and the Amalgamated
entered into an agreement, to expire September 30, 1939, whereby
the Amalgamated is recognized as the sole bargaining agent of
employees in the casing department. The Amalgamated agrees
with the Company that the.two departments constitute separate
bargaining units.
The United still claims that both departments of plant No. 5 con-
stitute a single appropriate unit, and also that it has been designated
as collective bargaining agent by a majority of the employees within
the unit. The Company will not engage in collective bargaining un-
til a certification is made by the Board. The contract between the
Company and the Amalgamated is now about to expire. It consti-
tutes no bar, therefore, to our investigation of representatives of
employees in the Company's casing departments
VGTe find that a question has arisen concerning the representation of
employees of the Company.
11. THE APPROPRIATE UNIT
Upon the entire record, we find that all production employees of
the Oppenheimer Casing Company in the sewing and casing depart-
ments of its plant No. 5, Chicago, Illinois, excluding foremen, assist-
ant foremen, administrative, supervisory, clerical and office employ-
ees, watchmen, delivery men, and truck drivers and their assistants,
constitute a unit appropriate for the purposes of collective bargain-
ing, and that said unit will insure to said employees of the Company
full benefit of their right to self-organization and to collective bar-
gaining, and otherwise effectuate the policies of the Act.
III. THE DETERMINATION OF REPRESENTATIVES
The United claims to have been designated as their bargaining
representative by a majority of the employees within the unit which
we have found appropriate. It introduced substantial evidence in
support of such claim. The Company, however, contends that an
election is necessary to ascertain the wishes of the employees. We
shall direct that an election by secret ballot be held among the em-
adfatter of Chrysler Corporation and United Avtomibite Workers of America , Local No.
371, affiliated with C. I. 0., 13 N. L. R. B. 1303.
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate unit who were employed by the Company
during the pay-roll period immediately preceding the date of this
Decision, to determine whether they desire to be represented by the
United, by the Amalgamated, or by neither, for the purposes of
collective bargaining.4
Upon the basis of the above Supplemental Findings of Fact, the
findings of fact, not inconsistent therewith, which were made in
the Board's Decision and Certification of Representatives; and the
entire record in the case, the Board makes the following conclusions
of law which supersede the conclusions of law made in said Decision
and Certification of Representatives :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Oppenheimer Casing Company, a corpo-
ration, Chicago, Illinois, at its plant No. 5, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All production employees of the Company in the sewing and
casing departments of its plant No. 5, Chicago, Illinois, excluding
foremen, assistant foremen, administrative, supervisory, clerical and
office employees, watchmen, delivery men, and truck drivers and their
assistants, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (h) of tltje 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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, it
is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purpose of collec-
tive bargaining with Oppenheimer Casing Company, Chicago,
Illinois, an election by secret ballot shall be conducted within fifteen
(15) days from the date of this Supplemental Decision and Direc-
tion of Election, under the direction and supervision of the Regional
Director for the Thirteenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
4 Matter of The Cudahy Packing Company and United Packinghouse Workers of America,
Local No . 2 1, of the Packinghouse Workers Organizing Committee , affiliated with the Con-
gress of Industrial Organizations , 13 N. L. R. B. 526.
5 See footnote 1.
OPPENHEIMER CASING COMPANY 675
Section 9, of said Rules and Regulations, among all production em-
ployees of Oppenheimer Casing Company, in the sewing and casing
departments of its plant No. 5, Chicago, Illinois, who were employed
by the Company during the pay-roll period immediately preceding
the date of this Direction of Election, including employees who did
not work during such pay-roll period because they were ill or on
vacation, excluding, however, foremen, assistant foremen, adminis-
trative, supervisory, clerical and office employees, watchmen, delivery
men, and truck drivers and their assistants, and those who have since
quit or been discharged for cause, to determine whether they desire to
be represented by United Packinghouse Workers of America, Local
No. 75, through Packinghouse Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, or by Amal-
gamated Meat Cutters and Butcher Workmen of North America,
Local 116, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Supplemental Decision and Direction of Election.