Swift & Co.

National Labor Relations Board - Board Decisions

Feb 8, 1955

111 N.L.R.B. 545 (N.L.R.B. 1955)

SWIFT & COMPANY 545
are assigned, if we are satisfied that on the basis of training or experi-
ence the welders utilize a high degree of skill.1B
As the welders involved herein are not assigned to work with any
particular craft, we find that they do not constitute an appropriate
unit for severance purposes.
As no possible grouping of employees may constitute an appro-
priate unit, we shall dismiss the petition.
[The Board dismissed the petition.]
MEMBER RODGERS , concurring :
I agree with the holding in this case to the effect that this Board
will no longer permit welders as a group to be severed from a produc-
tion and maintenance unit. I would reach such result on these histori-
cal bases: (1) That welders as such have not been traditionally repre-
sented by any labor organization devoted solely or primarily to the
representation of welders, and (2) that welders have historically been
treated for representation purposes as part of other crafts-plumbers,
machinists, etc.-with which they work in conjunction.
By agreeing with the result here, I expressly reject any contention
or inference that welding is not a recognized craft, and that a qualified
welder does not possess craft skills.
MEMBER MURDOCK took no part in the consideration of the above
Decision and Order.
ie Cf. Internat2onal Paper Company, supra.
SWIFT & COMPANY and TRUCK DRIVERS AND WAREHOUSEMEN, LOCAL
414, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA , AFL, PETITIONER.
Case No. 13-RC-4160 . February 8,1955
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hubert J. Sigal , hearing offi-
cer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization named below claims to represent cer,aln
employees of the Employer.
111 NLRB No. 85.
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. A question affecting commerce exists concerning the representa-
tion Of 'certain, employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
!•=' 4. rTl•4e Petitioner seeks to represent a unit of all loaders, unloaders,
iid' sorters at the Employer's Fort Wayne truck terminal. The Em-
ployer opposes an election on the ground that the proposed unit -is
c'dnAposed entirely of temporary, part-time employees whose tenure of
employment is too brief to warrant giving them representation in col-
lective bargaining.
Swift & Company, an Illinois corporation, is engaged in the
processing and distribution of meat products throughout the United
States. Its Fort Wayne truck terminal, the only operation involved
herein, commenced business on September 10, 1954. All employees in-
% olved work between the hours of 12 midnight and 6 a. in., trans-
ferring merchandise shipped in from Chicago to trucks for local de-
livery. At the time of the hearing there were 11 men in the unit, 5 of
whom had been employed from the time the operation first began. As
to the remaining 6 positions, there had been a very high turnover
rate ; the average employee having worked but 5 weeks.
The fact that the Employer's operations require a maximum work
week of only 30 hours, rather than 40, does not indicate that the work
involved is part-time in nature. The work, itself, is permanent and
regular. All the employees do similar work under the same condi-
tions of employment. The shortness of the workweek and the night
hours might well attract only a limited class of employees and prob-
ably result in the inordinate amount of turnover. But high turnover
due to conditions common to all employees in the unit affords no rea-
son for denying them the right to self-organization.' Accordingly,
we find the Employer's contention to be without merit.'
The following employees constitute a unit appropriate for purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act :
All loaders, unloaders, and sorters at the Employer's Fort Wayne,
Indiana, truck terminal, excluding all other employees, guards, and
supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
1 Cf Dade) winters Salvage Cony pany of ,\Tew York, 99 NLRB 337
ewe do not regard Albers Saper Maikets , Inc., 110 NLRB 474 , relied upon by the Em-
ployer as here controlling The cited case involved the inclusion of a large group of inter-
mittent part - time employees , who corked for a short time during peak penods , in a unit
of full -time regular employees In the instant case , all employees in the proposed unit
have like status and the type of work is regular and permanent.