Swift and Co.

National Labor Relations Board - Board Decisions

Oct 28, 1941

36 N.L.R.B. 446 (N.L.R.B. 1941)

In the Matter Of SWIFT AND COMPANY and PACKING HOUSE INDUSTRIAL
UNION No. 11
Case No. R-3082.Decided. October d8, 1941
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition in the absence of Board certification ; labor
organization whose unit contentions not upheld and who made no showing of
representation among employees in the appropriate unit not accorded place
on ballot ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including truck drivers, but excluding superintendent, assistant super-
intendent, division superintendents, foremen, assistant foremen, plant pro-
tection employees (i. e., policemen, watchmen, and firemen), Standards De-
partment employees, time office employees, steady-time plant, clerks, matrons,
hostess, head.cooks, chemists, all General Office employees,. bricklayers, plant
administrative employees, office cafeteria,; employees,, and steady-time scalers,;
separate unit of truck drivers held inappropriate.
Mr. William N. Strack, of Chicago, Illinois, for the Company._
Mr. Lawrence L. Lenertz, of South St. Paul, Minn., for the Indus-
trial.
- Mr. Ramsey Wilson and Mr. B. W. Roebuck, of South St. Paul,
Minn., for the P. W.. O. C.
Mr. Norman Johnsen, of St. Paul, Minn., for the Teamsters.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF .ELECTION
STATEMENT OF THE CASE
- On December 13, 1940, Packing House Industrial Union No. 11,
herein called the Industrial, filed with the Regional Director for the
Eighteenth Region (Minneapolis, Minnesota) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Swift and Company, South St. Paul, Minnesota,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
36 N. L. R. B., No. 88.
446
SWIFT AND COMPANY 447
Labor Relations Act, 49 Stat..449, herein called the Act. On September
17, 1941, 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 Relations 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 September 22 and September 24, 1941, the Regional Director
issued a. notice of hearing and a notice of continuance of hearing, re-
spectively, copies of both of which were duly served upon the Com-
pany, the Industrial, and upon Packing House Workers Organizing
Committee, Local No. 64, . affiliated with the Congress of Industrial
Organizations, herein called the P. W. O. C., a labor organization
claiming to represent employees directly affected by the investigation,
and upon Chauffeurs, Teamsters and Helpers Union, Local 120, herein
called the Teamsters, a labor organization asserting an interest in this
proceeding. Pursuant to notice, a hearing was held on September 30,
1941, at Minneapolis, Minnesota, before Anthony E. Molina, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany, the Industrial, the P. W. O. C., and the Teamsters, were repre-
sented by counsel or official representatives 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 the admission of evidence. The Board has reviewed
.the rulings of the Trial Examiner and finds that no prejudicial errors
we're 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
Swift and Company is an Illinois 'corporation Having many plants
and branches throughout the United States. The. only plant involved
in this proceeding is located at South St. Paul,. Minnesota, where the
Company is engaged in the purchase and slaughter of cattle,. sheep,
and:hogsi'theprocessing of meat-and cheese; and the-handling of butter
and eggs. For the fiscal year ending October 30, 1941, the Company
purchased raw materials amounting to approximately .$49,000,000 -in
value, of which about 15 per cent'was purchased- outside the State of
Minnesota. For the same fiscal year,. the - Company's total sales
amounted to approximately $52,000,000, of which 85' per. cent was sold
outside of the State of Minnesota.
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Packing House Industrial Union No. 11 and Packing House Workers
Organizing Committee, Local No. 64, affiliated with the Congress of
Industrial Organizations, are labor organizations admitting employees
of the Company to membership. Chauffeurs, Teamsters and Helpers
Union, Local 120 is a labor organization admitting to membership
truck drivers of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 13, 1940, the Industrial filed its petition herein alleg-
ing that a question had arisen concerning the representation of the
Company's employees. Prior thereto, the Industrial had requested
'of the Company recognition as exclusive representative of its employ-
ees. The Company indicated that it would not grant such recog-
nition in the absence of Board certification. A statement of the
Rem onal Director, introduced in evidence at the hearing, shows that
the Industrial and the P. W. O. C. each represent a substantial number
of employees in the alleged appropriate unit.'
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
'The Industrial submitted to the Regional Director 1,528 membership cards. These
cards were dated as follows :
2 between July and December 1936.
4 between January and June 1938.
596 between July and December 1938.
37 between January and June 1939.
146 between July and December 1939.
47 between January and June 1940.
104 between July and December 1940.
619 undated.
1, 528 Total.
The P. W. 0. C. submitted to the Regional Director 350 membership application cards,
which were dated as follows :
13 between January and June 1937.
79 between July and December 1937.
40 between January and June 1938.
26 between July and December 1938.
8 between January and June 1939.
12 between July and December 1939.
172 undated;
350 Total.
There are a total of 2,788 employees in the alleged appropriate unit.
SWIFT AND - COMPANY 449
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
At the hearing the Company, the Industrial, and the P. W. O: C.
agreed that all production and maintenance employees at the South
St. Paul plant, with the exclusions specified below, constitute an appro-
priate unit. Such unit, composed of 2,788 employees, includes 16 truck
drivers. The Teamsters requests a separate unit of truck drivers,'
over whom it claims jurisdiction. The Teamsters apparently does not
represent any of such truck drivers at the present time' According
to the undisputed testimony of the secretary-treasurer of the Industrial,
14 of the 16 truck drivers are and have been for 11/2 years members of
the Industrial. It appears that on a number of occasions the Indus-
trial has presented grievances to the Company -in behalf of the truck
drivers. So far as the record shows, the Teamsters has never sought
to organize the truck drivers at the South St. Paul plant and has never
sought to represent them in collective bargaining. Under these cir-
cumstances, we find that a separate unit of truck drivers is
inappropriate for the purposes of collective bargaining.
The Company, the Industrial, and the P. W. O. C. agree, and we
find, that all production and maintenance employees at the South
St. Paul plant of the Company, including truck drivers, but exclud-
ing superintendent, assistant superintendent, division superintendents,
foremen, assistant foremen, plant protection employes (i. e., policemen,
watchmen, and firemen), Standards Department employees, time office
employees, steady-time plant clerks, matrons, hostess, head cooks, chem-
ists, all General Office employees, bricklayers, plant administrative
employees, office cafeteria employees, and steady-time scalers, constitute
a unit appropriate for the purposes of collective bargaining. We
further find that such unit will insure to the employees of the, Com-
pany the full benefit of their right to self-organization and to collective
bargaining and will otherwise effectuate the policies of the Act.
2 The truck drivers deliver products to the Company 's dealers and branch offices.
8 As indicated above, the Teamsters received due notice of the hearing herein. When
asked at the hearing whether the Teamsters represented any drivers at the South St. Paul
plant, its secretary -treasurer answered as follows : "I couldn't state very clearly. I didn't
check ; I came over in a hurry . I didn't think that I was going to be the representative
over here this morning . As far as I know, I don 't think we have at the present time
although I would have to check further . It is rather vague ; I don't know." It appears
that the Company deals with the Teamsters for truck drivers at a branch office of the
Company in St. Paul.
433118-42-vol. 36--30
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
We shall direct that all employees in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction, shall be eligible to vote.
Since the Teamsters has made no showing and representation among
employees of the Company, and has not indicated any, desire to.;par-
ticipate in an election among all production and Imaintenance• em-
ployees, we shall make no provision for the appearance of the • Team-
sters on the ballot in the election hereinafter directed.
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 Swift and Company, South St. Paul,'Mi.nne-
sota, within themeaning'of,Sections9,(c) and2,(6) and (7) of, the
National Labor Relations Act.
2. All production and maintenance employees of, the Company at
its South St. Paul plant, including truck drivers, but excluding super-
intendent, assistant superintendent,' division superintendents, fore-
men, assistant foremen, plant-protection employees (i. e., policemen,
watchmen, and firemen), Standards Department employees, time office
employees, steady-time plant clerks; matrons, hostess, head cooks,
'chemists, all General Office employees, bricklayers, plant administra-
tive employees, office cafeteria, and steady-time scalers, 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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
Board Rules, and Regulations-Series 2, as amended,' it is hereby.
1 DIRECTFD that,. as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Swift and Company, South St. Paul, .Minnesota, 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'
SWIFT AND COMPANY 451
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, Section 9, of said Rules and Regulations,
among all production and maintenance employees of the Company at
.its South St. Paul, Minnesota, plant who were employed during the
pay-roll period immediately preceding. the date of this Direction,
including truck drivers and 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 ' oftthe United States, or ,temporarily laid
off, but excluding superintendent, assistant superintendent , division
superintendents , foremen, assistant.- foremen , plant-protection em-
ployees ( i. e.; policemen, watchmen, and firemen ), Standards Depart-
ment employees , time office employees , steady-time plant clerks, ma-
trons, hostess , head cooks, chemists, all General Office employees,
bricklayers , plant administrative employees , office cafeteria, and
steady-time scalers, -and employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
for the purposes of collective bargaining by Packing House Industrial
Union Not, 11, or by Packing House Workers Organizing Committee,
Local No..64,.`aflihated with the Coigress of Industrial Organizations,
or by neither.
M. GERAIw D. REUa.Y took no part in the consideration of the
above Decision and Direction of Election.