Swift & Co.

National Labor Relations Board - Board Decisions

Oct 25, 1941

36 N.L.R.B. 401 (N.L.R.B. 1941)

In the Matter of SwrF'r & COMPANY aind AMALGAMATED MEAT CUTTERS
& BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L.
Case No. R-2713
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
October: 25, 1941
On September. 5, 1941,. the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an* election by secret ballot was conducted on September 24, 1941, at
East St. Louis, Illinois, under the direction and supervision of the
Regional Director for the Fourteenth Region (St. Louis, Missouri).
On September 25, 1941, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued an Election Report, copies
of which were duly served upon Swift & Company, herein called the
Company, Amalgamated Meat Cutters & Butcher Workmen of North
America, A. F. of L., herein called the Amalgamated, Packing House
Workers.Organizillg Committee, Local. Union No. 41, C. I. 0., herein
called the P. W. O. C., and upon Swift Employees Association, -herein
called the S. E. A.
As to the balloting and its results, the Regional Director reported
as follows :
Number of navies on eligibility list_________________________ 1, 627
'Total number .of ballots cast______________ __________________ 1,322
Number of ballots challenged _______________________________ 6
Number of blank ballots___________________________________ 1
Number of void ballots __________________________________ 10
Total number of ballots counted ____________________________ 1, 305
Number of ballots voted for Amalgamated Meat Cutters &
1 35 N. L. R. B., No. 41.
36 N. L. R. B., No. 81.
401
433118-42-vol. 36-27
402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Butcher Workmen of North America, A. F. of L___________ 578
Number of ballots voted for Packing House Workers Organiz-
ing Committee, Local Union No. 41, C. I. 0________________ 408
Number of ballots voted for Swift Employees Association____ 213
Number of ballots voted for none of the organizations named-_ 106
We find that it is not necessary to rule upon the challenged ballots
cast in the said election, inasmuch as they could not in any way affect
the outcome of the election.
On September 27,1941, the Company filed with the Regional Director
Objections to the Conduct of the Ballot. The Company objected to.
the conduct of the ballot, in substance, on the grounds that the polling
place was not appropriate. On October 10, 1941, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended, issued
her Report on the Objections, copies of which were duly served upon
the parties. The Board has. considered the Election Report, the Ob-
jections to the Conduct of the Ballot filed by, the Company, and the
Report on Objections, and finds that the objections filed by the Com-
pany do not present substantial or .material issues with respect to the'
conduct of the ballot or election report. On October 1, 1941, the
Amalgamated filed a motion for run-off election and requested that'
only the. names of the Amalgamated and the P. W. O. C. appear on
the ballot. Although none of the ' competing labor organizations re-
ceived a majority of the votes cast, the results of the election show
that a substantial majority of the employees desire collective bar-
gaining through an exclusive representative: Accordingly, the Board
Kill direct a run-off election. However, in accordance with our usual,
practice we shall direct arun-off election in which the eligible employ-
ees will be given an opportunity to decide whether they desire to be
represented by the Amalgamated, the P. W. O. C., or the S.,E. A., for
the purposes of collective bargaining.
SECOND- 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, 49 Stat. 449, and .pursuant to Article III, Sections. 8 and '9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DI itcTED that, as part of the investigation authorized by the Board
to determine representatives for purposes of collective bargaining with.
-Swift & Company, National City, 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 Second Direction of Election, under the di-
SWIFT & COMPANY 403
rection and supervision of the Regional Director for the Fourteenth
Region, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions among the employees described in the Direction of Election issued
September 5,.1941, but excluding those who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Amalgamated Meat Cutters & Butcher Workmen of North
America, A. F. of L., Packing House Workers Organizing Committee,
Local. Union No. 41, C. I. 0., or Swift Employees Association, for
,purposes of collective bargaining.