Superior Packing Co.

National Labor Relations Board - Board Decisions

Jun 12, 1940

24 N.L.R.B. 595 (N.L.R.B. 1940)

In the Matter of SUPERIOR PACKING COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. R-1865.-Decided June 12, 1940
Meat Packing Industry-Investigation of Representatives : stipulation between
Company, petitioning union , and Board as to question concerning representa-
tion, appropriate unit, and Direction of Election-Election Ordered
Mr. G. L. Patterson, for the Board.
Jacobson, Merrick, Nierman cf Silbert, of Chicago, Ill., for the
Company.
Mr. Van A. Bittner, of Chicago, Ill., for the Union.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 12, 1940, Packinghouse Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, herein
called the Union, filed with the Regional Director for the Thirteenth
Region (Chicago, Illinois) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Superior Packing Company, herein called the Company, engaged
in the processing and sale of meat products at Chicago, Illinois, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On May 21, 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 authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. On May
24, 1940, before any hearing was held, the Company, the Union, and
the Regional Director entered into a stipulation expressly subject to
approval by the Board. In the stipulation the parties agreed (1)
that a question affecting commerce has arisen concerning the repre-
sentation of employees of the Company, and (2) that all production
24 N. L. R. B., No. 56.
595
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, excluding office and supervisory employees and watchmen,
employed by the Company at its plant in Chicago, Illinois, constitute
a unit appropriate for the purposes of collective bargaining; waived
their right to a hearing and to the issuance of Findings of Fact and
Conclusions of Law by the Board; and provided that the Board
should direct that an election be held among all employees in the unit
who were employed by the Company on April 29, 1940, to determine
whether or not they desire to be represented by the Union for the
purposes of collective bargaining, and should thereafter proceed pur-
suant to Article III, Section 9, of the said Rules and Regulations.
The Board hereby approves the foregoing stipulation.
Upon the basis of the stipulation and the entire record in the case,
the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Superior Packing Company, Chicago,
Illinois, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production employees, excluding office and supervisory em-
ployees and watchmen, employed by the Company at its plant, at
Chicago, Illinois, 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, 49 Stat. 449, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Superior Packing Company, Chicago, Illinois, 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 Director for the Thir-
teenth 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 employees of Superior Pack-
ing Company who were employed on April 29, 1940, excluding office
and supervisory employees and watchmen, to determine whether or
not they desire to be represented for the purposes of collective bar-
gaining by Packinghouse Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations.