Swift and Co.

National Labor Relations Board - Board Decisions

May 31, 1945

61 N.L.R.B. 1624 (N.L.R.B. 1945)

In the Matter Of SWIFT AND COMPANY and' INTERNATIONAL BROTHER-
HOOD OF SWIFT EMPLOYEES, LOCALS 1021 AND 26
Case No. 18-R-1216 .Decided May 31, 1945
Mr. John P. Staley, of Chicago , Ill., for the Company.
Messrs. Clem Vann Thuyne and Emil G. Paape, of Winona , Minn.,
for the Union.
Mr. Bernard Goldberg , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Swift
Employees, Locals 1021 and 26, herein called the Union,' alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Swift and Company, Winona, Minnesota,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clarence A.
Meter, Trial Examiner. Said hearing was held at Winona, Minnesota,
on April 12 and 13, 1945. The Company and the Union appeared and
participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner reserved for the Board
a ruling on the Company's motion to dismiss the petition because of
the alleged inappropriateness of the unit sought by the Union. For
reasons stated in Section IV, infra, the said motion is hereby denied.
The Trial Examiner's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF- THE COMPANY
Swift and Company, an Illinois corporation having its principal
office and place of business in Chicago, Illinois, is engaged in process-
The formal papers designated the petitioner only as Local 26 . Near the close of the
hearing, the petitioner's motion to amend all formal papers, as designated in the caption
and the body of the Decision, was granted.
61 N. L. R. B., No. 254.
1624
SWIFT AND COMPANY 1625
ing meats at plants located in different parts of the United States.
This proceeding is solely concerned with the Company's plant in
Winona, Minnesota. During the fiscal year ending on October 28,
1944, the Company purchased at its Winona plant, livestock valued
in excess of $10,000,000, of which approximately 45 percent was
shipped to the plant from points outside the State of Minnesota. Dur-
ing the same period the Company processed in this plant meat prod-
ucts valued at more than $11,000,000, of which about 97 percent was
shipped to points outside the State. -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
International Brotherhood of Swift Employees, Locals 1021 and 26,
unaffiliated, is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 22,1945, the Union requested recognition of the Com-
pany as the exclusive bargaining representative of the employees in
an alleged appropriate unit. On February 3, 1945, the Company
refused to accord such recognition.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit which it originally alleged to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Union seeks two separate units : 3 unit (1) would comprise all
office and clerical employees, including the assistant head of the beef,
lamb and veal department, dressed cost clerks, order writer and typist,
accounts payable and dressed costs accountant, livestock paying clerks,
supply and discrepancy man, head timekeeper, assistant timekeeper,
plant clerks, secretaries, assistant auditor, purchasing agent and
transportation manager, time-study man, livestock buyers, yardmen,
and foremen, but excluding watchmen, auditor and office manager,
2 The Field Examiner reported that the Union submitted a petition bearing the names of
27 persons; that 15 of the names also appeared on the Company's pay-roll list which
contained the names of 22 persons in the alleged appropriate unit ; and that the petition
was signed on January 10 and 11, 1945.
2 The Union filed only one petition asking for a single unit . The positions above set'
forth are those finally taken at the hearing.
1626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
general manager, manager of beef, lamb and veal department, head
of standards department, and superintendent; unit (2) would be
limited to watchmen and guards.4 The Company agrees that a unit
of watchmen and guards is appropriate, and while agreeing with the
Union's proposed list of exclusions in the office and clerical unit, would
also exclude the employees discussed hereinafter, whom the Union
would include.
Secretaries: The Company employs individual secretaries to the
superintendent, the general manager, and the plant auditor and office
manager. In the course of performing their usual stenographic and
secretarial duties these employees acquire knowledge of the Company's
position concerning confidential matters affecting labor relations. In
accordance with our policy, we shall exclude the secretaries as
confidential employees.5 I
Assistant head of beef, lamb and veal department: There are only
two employees in this department, the head and the assistant head.
The assistant, who is on the general office pay roll, spends about one-
half to two-thirds of his time in the general office' and most of the re-
maining time in the plant cooler. He check-grades lamb, veal and
some beef, checks all salesmen's orders, writes employee plant orders,
checks or issues quotas to salesmen, writes office orders for car and
branch house shipments, and sells meat to customers who call at the
plant. The assistant does not supervise the work of any employees
and is himself supervised by the head of the department. Although
this employee's work is generally of a more responsible nature than
that of most of the other employees in the unit, we believe that his
interests nevertheless lie with the office and clerical employees; we
shall include him.6
- Assistant auditor: This employee substitutes for the office manager
while the latter is sick or on vacation, works on confidential business
and pay-roll records, has access to personnel records and files pertain-
ing to confidential labor relations matters, and is consulted by the
office manager with respect to personnel problems in the office. It is
clear that the assistant auditor's substitution for the office manager is
too infrequent and irregular to justify his exclusion as a supervisor,
and that his knowledge of confidential business and pay-roll informa-
tion is not of itself sufficient to bring hini within the Board's defini-
tion of a confidential employee. However, as indicated above, he does
have access to confidential personnel and labor relations data and
participates in the solution of personnel problems within the depart-
4 The watchmen and guards are armed and deputized.
5 Matter of Aluminum Company of America, 61 N. L. R. B 1066
6 Cf. Matter of Armour and Company , 43 N. L. it. B. 307 ; where graders were excluded
from a production and maintenance unxt.
SWIFT AND COMPANY 1627
ment. On all the facts we are of the opinion that he enjoys a confi-
dential status with management ; we shall exclude him.7
Dressed cost clerks: There are three clerks in this category who
figure the dressed costs on livestock slaughtered and perform other
clerical work. Although they acquire information which is no doubt
confidential from a business standpoint, it does not relate directly to
labor relations matters. We shall include them 8
Order writer and typist: This employee types orders, tags, and
labels, work which is entirely clerical in nature" We shall include her.
Accounts payable and dressed costs accountant: This employee does
cost figuring, invoicing voucher and other similar work. He is under
the supervision of the office manager and, in turn, directs the work of
the three dressed cost clerks. However, it does not appear that he is
a supervisor within the Board's definition in his relationship to these
three clerks. Although the Company claims that this employee works
with highly confidential records, the information he obtains therefrom
relates to business rather than to labor relations matters. We shall
include him.
Livestock paying clerks: There are two clerks in this category
working- in the livestock buying office under the supervision of the
office manager. They have identical duties, keeping records in con-
nection with livestock purchases and making out, signing, and issuing
checks for such purchases on the order of the livestock buyers.
Although Kilian, one of the clerks, is senior to the other who is regarded
as his assistant, we find, despite the Company's contention to the con-
trary, that Kilian is not a supervisor within the Board's definition of
that term. We also find that the two clerks are not confidential em-
ployees since the information they obtain in the course of their duties
involves confidential business rather than labor relations matters.
We shall include them.
Purchasing agent and transportation manager: This employee
serves in a two-fold capacity, as purchasing agent for the buying of all
supplies used for production purposes in the plant, and as traffic man-
ager in charge of all transportation . Inasmuch as he has the power
to make substantial financial commitments in behalf of his employer,
we are of the opinion that his duties are managerial in nature; we shall
exclude him from the unit.'
Time-study man: This employee, who serves as assistant to the head
of the standards department, performs duties which are analagous to
those of an industrial engineer . He studies and suggests changes in
' Matter of Aluminum Company of America, supra.
8 Matter of Chrysler Corporation, Chrysler Motor Division, 58 N. L. R. B. 239 ; Matter
of American Can Company , 55 N. L. R. B. 530.
9Matter of Aluminum Company of America, supra; Matter of Inland Steel Container
Company, 56 N. L . R. B. 138; Matter of Hudson Motor Car Company, 55 N. L. R. B. 509.
1628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacturing methods, makes time studies and determines time stand-
ards for operations on the basis of which incentive earnings are calcu-
lated. In view of his duties, which we regard as managerial in nature,
we shall exclude him from the unit.'°
Supply and discrepancy man: This employee maintains supply
records, checks supply orders for conformance to specifications, investi-
gates errors made in shipments or weights of shipments after they
have been called to his attention by the invoice department, takes
samples of tankage, tallow, and grease, for transmittal to a laboratory
for analyses and keeps the records of such analyses. Since his duties
are essentially_clerical in nature, we shall include him in the unit.
Head timekeeper: This employee directs the activities of 10 em-
ployees among whom are an assistant timekeeper, watchmen, janitors,
calf feeders and yard cleaners. He has full supervision over the activi-
ties of all these employees. Although there is conflict in the testimony
regarding his power to affect the status of his subordinates, we are
satisfied that he is a supervisor within the Board's_definition ; we shall
exclude him from the unit.
Assistant timekeeper: This employee acts as a clerk to the head time-
keeper, assisting the latter in the computation of the pay roll, Federal
taxes and bond deductions. We shall include him.
Livestock buyers: These employees devote all their time to pur-
chasing livestock, making large financial commitments on the part of
the Company. Since their duties are managerial in nature, we shall
exclude them."'
Plant clerks: The two plant clerks act as clerks to production de-
partment foremen performing all of the clerical work required by the
latter. They combine the duties of timekeepers, stockroom and ship-
ping clerks. One of the clerks also substitutes for the foreman when
the latter is absent on sick leave or vacation. Most of their time is
spent in purely clerical work. They are excluded from the produc-
tion and maintenance bargaining unit presently represented by the
Union. While these clerks might with equal appropriateness be in-
cluded in either a production and maintenance or an office and clerical
unit, we shall include them in the present unit since they are excluded
from the existing production and maintenance unit in the plant.12
Yardmen: These employees are engaged in feeding, watering, and
handling the livestock. In view of the total dissimilarity of their work
to that of the other employees in the unit, we shall exclude them."3
'" Matter of Aluminum Company of America, supra ; Matter of Swift and Company,
56 N. L. R. B. 147; Matter of Armour and Company, 54 N. L. R. B. 1462.
1 See footnote 8, supra.
11 Matter of Swift and Company, 56 N. L. R. B. 147.
The Company stated that the yardmen were included within the coverage of the existing
contract covering production and maintenance employees.
I
SWIFT AND COMPANY 1629
Foremen: The Union seeks to include various production foremen,
including the master mechanic and chief engineer, who supervise the
activities of from 12 to 52 employees and have the power to hire and
discharge their subordinates. In view of the nature of their work and
their supervisory status, we shall exclude them from the unit.
Local 1021 represents the production and maintenance employees in
the plant; Local 26 has been organized to represent the employees in
the office and clerical unit which the Union in the present proceeding
claims is appropriate. The Company urges that it is improper for the
same union which represents production and maintenance workers also
to represent office and clerical workers. We perceive no merit in this
argument and no reason why the same labor organization may not, if
chosen by the employees, represent both production and maintenance
employees and office and clerical employees in separate units 14
We find that the following units excluding all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, are appropriate for the purposes of collective bargaining within
the meaning of Section 9 (c) of the Act:
(1) All office and clerical employees employed at the Winona, Minne-
sota, plant of the Company, including the assistant head of the beef,
lamb and veal department, dressed cost clerks, order writer and typist,
accounts payable and dressed costs accountant, livestock paying clerks,15
supply and discrepancy man, assistant timekeeper, and plant clerks,16
but excluding secretaries '117 assistant auditor, purchasing agent and
transportation manager, time-study man, head timekeeper, livestock
buyers, yardmen, foremen, master mechanic and chief engineer, watch-
men, guards, auditor and office manager, general manager, manager
of beef, lamb and veal department, superintendent, and head of stand-
ards department;
(2) All watchmen and guards employed at the Winona, Minnesota,
plant of the Company.
V. THE DETERMINATION 'OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the employees
in the appropriate units who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction. In
accord with the agreement of the parties, we shall direct that Local 26
14 Matter of Swift and Company, 56 N. L. R. B. 147; Matter of Armour and Company,
54 N. L. R. B. 1462; Matter of Armour and Company, 49 N. L. R. B. 688.
Leo J. Kilian, Arnie G. Ahearn.
16 John M. Chuchel, Dan Glubka.
lz Grace M. Herndon, Alice A. Przytarski , Florence Bechter.
639678-45-vol. 61-104
1630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD=
appear on the ballot in the office and clerical unit and Local 1021 in the
watchmen and guards unit.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Swift and Com-
pany, Winona, Minnesota, elections 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 Eighteenth Region, acting in this, matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations , among the employees in
the units found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction , including employees who did not work during the said pay-
roll period because they were ill, or on vacation or temporarily laid off,
and including employees in the armed forces of the United States who
present themselves in person at the polls , but excluding those em-
ployees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the elections, to
determine whether or not they desire to be represented for the pur-
poses of collective bargaining in unit (1) by International Brotherhood
of Swift Employees , Local 26, and in unit (2) by International
Brotherhood of Swift Employees, Local 1021. °