Saint Paul Union Stockyards Co.

National Labor Relations Board - Board Decisions

Feb 10, 1942

38 N.L.R.B. 1049 (N.L.R.B. 1942)

In the Matter of SAINT PAUL UNION STOCKYARDS COMPANY and
PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, LOCAL 160, AF-
FILIATED WITH THE C. I. O.
Case No. B-3446.-Decided February 10, 1942
Jurisdiction : stockyards industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; "extra" em-
ployees who have worked 350 hours or more during the six months preceding
the date of the Direction of Election held eligible to vote; representative which
did not appear at the hearing, but which has been designated as representative
of some employees in the appropriate unit, to be allowed to participate in
the election but with leave to withdraw its name upon notice within five days ;
election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, excluding janitors, office help, clerical and supervisory employees,
and watchmen ; stipulation as to.
Mr. Henry W. Lehmann, for the Board.
Mr. D. L. Grannis, of South St. Paul, Minn., for the Company.
Mr. Herbert J. Vogt, of Chicago, Ill., and Mr. B. W. Roebuck,
of South St. Paul, Minn., for the P. W. O. C.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 26, 1941, Packinghouse Workers Organizing Com-
mittee, Local 160, affiliated with the C. I. 0., herein called the
P. W. O. C., filed with the Regional Director for the Eighteenth
Region (Minneapolis, Minnesota) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Saint Paul Union Stockyards Company, South St. Paul,
Minnesota, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On December 22, 1941, the National Labor Relations Board, herein
38 N. L. R. B., No. 197.
1049
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On January 2, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the
P. W. O. C., and the Stockyards Industrial Union No. 1, unaffiliated,
herein called the S. I. U., a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on January 9, 1942, at Minneapolis, Minnesota,
before Henry J. Kent, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, and the P. W. O. C. were
represented 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. During the
course of the hearing, the Trial Examiner made 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 preju-
dicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Saint Paul Union Stockyards Company, a Minnesota corporation,
operates stockyards at South St. Paul, Minnesota. Livestock is
shipped to the yards by truck and train. There it is unloaded, locked
in pens, delivered to commission men, and finally to buyers. For the
12-month period ending November 30, 1941, the volume of livestock
handled was: cattle-1,032,605; calves-465,904; hogs-2,520,379;
sheep-1,304,357; and horses-3,829. Approximately 27 percent of
this livestock originated in States other than Minnesota, and approxi-
mately 11 percent of all livestock shipped from the yards was sent
to points outside Minnesota.
II. THE ORGANIZATION INVOLVED
Packinghouse Workers Organizing Committee, Local 160, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
i The S. I. U did not appear at the hearing , although it had previously submitted to the
Regional Director certain evidence of membership See footnote 2, infra
SAINT PAUL UNION STOCKYARDS' COMPANY 1051
III. THE QUESTION CONCERNING REPRESENTATION
4
The Company refuses to recognize the P. W. 0. C. as the exclusive
representative of its employees until the P. W. 0. C. is certified. The
P. W. 0. C. has submitted to the Regional Director evidence showing
that it represents a substantial number of employees in the unit
hereinafter found appropriate.2
We find that a question has arisen concerning the representation of
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 have agreed by stipulation, and we find, that all pro-
duction and maintenance workers, excluding janitors, office help,
clerical and supervisory employees, and watchmen, constitute a unit
appropriate for the purposes of collective bargaining. We further
find that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining,
and will otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot, and we shall so direct. The parties stipulated that the Novem-
ber 30, 1941, pay roll might be used as a basis for determining eligibility
to vote. However, we are of the opinion that no substantial reason
exists in this case for departing from our usual practice, which is
to employ the pay-roll period immediately preceding the date of our
Direction of Election.
2 The Regional Director's statement shows that the P W 0 C submitted 139 membership
cards, 138 of which appear to have genuine signatures Of these, 74 appear to be on the
Company's pay roll of December 7, 1941, which contains the names of 201 employees in the
alleged appropriate unit Of the 74 cards, 16 are dated July through September 1941 , 31
are dated in October 1941 ; 3 ai e dated in November 1941 ; and 24 are undated
The S I ii. submitted a petition dated November 24, 1941, consisting of the Articles of
Association of the S I U . bearing the signatures of 25 persons, all apparently genuine,
and all on the December 7, 1941, pay roll.
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The parties are in disagreement as to whether employees classified
as "extras" should participate in the election. It is the contention
of the P. W. O. C. that extra employees are entitled to vote. The
Company opposes this contention on the ground that these extras do
not have an identity of interest with the regular employees.
The record discloses that the business of the Company is one of
a fluctuating nature. In general, there is a rush season which extends
from August to March, during which span there are various peaks of
activity, since all species of livestock are not marketed at the same
time. The Company, lacking sufficient work at all times to give
permanent employment to all the employees required during the rush
season, has resorted to the policy of maintaining a staff of regular
employees whose number approximates 75 percent of the maximum
pay roll, and, as the occasion demands, hiring and laying off extra
employees. Extra men may be needed at every season of the year,
but the majority are employed during the August-March rush season,
at which time the number employed during any one week has ranged
from 82 in the week ending October 26, 1941, a week typical of the
peak season, to 55 in late December. These extra men perform the
same work under the same foremen as do regular employees, with
a few exceptions relative to counting and consigning livestock. It
further appears that these men come to the yards every morning
during the rush season looking for work ; that the Company gives
preference to "old" extra hands over "new" ones ; that the Company
pays Social Security taxes on them; that many of them work off and
on over a period of years; and that most, if not all, regulars are taken
from the ranks of the extra men.
The Company protests that these extra men have no identity of
interest with regular employees because their work is temporary and
part time and because there is a huge turn-over among their ranks.
The record discloses that there is a large turn-over. However, 35
of 61 extras employed on January 9, 1942, had worked 350 hours or
more during the preceding 6-month period. We are of the opinion
that this is a reasonable measure to distinguish those extras who
have a real interest in labor conditions at the plant from those who
do not. We find that all "extra" employees who have worked 350
hours or more during the 6 months preceding and including the pay-
roll date adopted in our Direction of Election, shall be eligible to vote
with the regular employees.
We find that those eligible to vote shall be the regular employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election, and
those extra men who have worked 350 hours or more during the 6
months preceding and including the aforesaid pay roll period, re-
SAINT PAUL UNION STO'CKYARDS' COMPANY 1053
gardless of whether they were employed during the pay-roll period
immediately preceding the date of our Direction, subject to the limita-
tions and additions set forth therein.
Although the S. I. U. did not appear at the hearing, it did submit
to the Regional Director evidence showing that it had been designated
as the representative of some of the employees in the unit heretofore
found appropriate.3 In view of this fact, we shall place the S. I. U.
on the ballot, providing, however, that it may withdraw its name by
giving notice to the Regional Director within 5 days of the date of
the issuance of our Decision and Direction of Election.
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 Saint Paul Union Stockyards Company,
South St. Paul, Minnesota, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Saint Paul
Union Stockyards Company, South St. Paul, Minnesota, excluding
janitors, office help, clerical and supervisory employees, and watch-
men, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the 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 Saint Paul Union Stockyards Company, South St. Paul, Minne-
sota, 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
of Election, under the direction and supervision of the Regional Di-
rector for the Eighteenth 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 of the Company who were employed during
the pay-roll period immediately preceding the date of this Direction
8 See footnote 2, supra.
1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Election including extra employees who worked 350 hours or more
during the 6-month period preceding and including the aforesaid
pay-roll period, regardless of whether they were employed during the
aforesaid pay-roll period, and regular 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 janitors, office help, clerical and
supervisory employees, watchmen, and those employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by Packinghouse `Yorkers Organizing Com-
mittee,-Local 160, affiliated with the C. I. 0., or by Stockyards In-
dustrial Union, No. 1, unaffiliated, for the purposes of collective
bargaining, or by neither.