Swift & Co.

National Labor Relations Board - Board Decisions

Jan 24, 1958

119 N.L.R.B. 1397 (N.L.R.B. 1958)

SWIFT & COMPANY 1397
(B) All technical, employees, including the diagram draftsmen-
class A and B, detail draftsmen-class A and B, wiring plan design-
ers-class A, B, and C, artists-class A and B, advertising and pub-
licity copywriters, layout designers, cost estimators-class A and B,
photographers-class A and B, photographic technicians, testers-class
A and B, tracers-class A and B, and time-study observers-class A
and B, but excluding temporary and laid-off employees without rea-
sonable expectation of reemployment, all other employees, profes-
sionals, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Mlthnuix FANNING took no part in the consideration of the above
Decision and Direction of Election.
Swift & Company and United Packinghouse Workers of Amer-
ica, AFL-CIO, Petitioner. Case No. 15-RC-1567. January 24,
1958
DECISION AND CERTIFICATION OF REPRESENTATIVES
Pursuant to a stipulation for certification upon consent election,
an election by secret ballot was conducted on May 15, 1957, under the
direction and supervision of the Regional Director for the Fifteenth
Region , among employees at the Employer's Selma, Alabama , plant.
At the conclusion of the election , the parties were furnished a tally
of ballots which showed that, of approximately 41 eligible voters, 41
cast ballots, of which 25 were for the Petitioner , 9 were against the
Petitioner, and there were 7 challenged ballots, a number insufficient
to affect the results of the election.
On May 20, 1957 , the Employer filed an objection to conduct affect-
ing the results of the election . After an investigation , the Regional
Director, on November 20, 1957, issued and duly served upon the
parties his report, in which he found that : (1) the Employer's ob-
jection failed to allege any facts which , if true, would warrant setting
the election aside, and recommended, accordingly , that the objection
be overruled for lack of specificity ; and (2) the objection did not
raise substantial and material issues with respect to conduct affecting
the results of the election , and recommended, alternatively , that the
objection be overruled for lack of merit.' Thereafter, the Employer
i The Regional Director's recommendation for dismissal on the merits was based upon
findings that the conduct in question occurred prior to the date of execution of the
stipulation for certification upon consent election , was based upon hearsay which was
contradicted by direct evidence , was engaged in by unidentified individuals or by in-
dividuals not authorized to speak for the Petitioner, or would not , if true, constitute
grounds for setting aside the election
119 NLRB No. 172.
1398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
filed timely exceptions to the Regional Director's report and recom-
mendations, and to his failure to recommend that the election be set
aside.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Bean].
The Board has considered the Employer's objection, the Regional
Director's report, the Employer's exceptions, and the entire record
in this case, and finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. In agreement with the stipulation of the parties, the following
employees of the Employer constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act :
All production and maintenance employees, including truckdrivers,
at the Swift & Company Oil Mill, 1100 Plant Street, Selma, Alabama,
but excluding all office-clerical employees, plant-clerical employees,
the superintendent, assistant superintendent, office manager, seed
buyer, office janitor, guards (watchmen), professional employees, and
all supervisors as defined in the Act.
The Employer's objection reads as follows :
Reference is hereby made to a representation election which
took place on Wednesday, May 15, 1957, at the Selma, Alabama
Oil Mill of Swift & Company. Pursuant to the Rules and Regu-
lations of the National Labor Relations Board, Section 102.61
thereof, Swift & Company hereby gives notice to you of its protest
and objection to certain conduct which, in its opinion, affected
the results of such election. The reason for this objection is that
there was conduct on the part of Union officials which brought
undue influence and duress upon certain Swift & Company em-
ployees at the Selma, Alabama Oil Mill and which conduct had
the effect of improperly influencing this election and its results.
Swift & Company, therefore, urges that the Board set aside this
election results [sic] and hold the same to be null and void.
Section 102.61 (a) of the Board's Rules and Regulations, Series 6, as
amended, provides in part as follows :
Within 5 days after the tally of ballots has been furnished, any
party may file with the regional director four copies of objections
JOS-. McSWEENEY & SONS, INC. 1399
to the conduct of the election or conduct affecting the results of
the election, which shall contain a short statement of the reasons
therefor. [Emphasis supplied.]
The Regional Director found, and we agree, that the Employer failed
to meet the requirement in this section that objections must contain
a statement of reasons. The Board has held that objections to an elec-
tion, to satisfy this requirement, must allege "facts which prima facie
would warrant setting aside the election," and not "merely a general
conclusive allegation of interference with the election." 2 The Em-
ployer's objection contains no description of the conduct in question,
but merely alleges, in substance that conduct occurred which inter-
fered with the election. Accordingly, as the objection filed by the
Employer is merely conclusory and therefore fails to comport with
the Board's Rules and Regulations, we find that it is not properly
before the Board for consideration on the merits, and it is hereby
dismissed.'
As the tally of ballots shows that the Petitioner has received a
majority of the valid ballots cast in the election, we shall certify it
as the exclusive bargaining representative of the employees in the
appropriate unit.
[The Board certified United Packinghouse Workers of America,
AFL-CIO, as the designated collective-bargaining representative of
the employees of the Employer in the unit heretofore found
appropriate.]
2 Don Allen Midtown Chevrolet , Inc., 113 NLRB 879; cf. Hughes Tool Company, 119
NLRF, 739.
3 We find lacking in merit the Employer 's contention that the Regional Director was
estopped from relying on such lack of specificity because of his failure to notify the
Employer thereof.
Jos. McSweeney & Sons, Inc.' and Amalgamated Meat Cutters
& Butcher Workmen of North America, Local 272, AFL-CIO,
Petitioner. Case No. 5-RC-2276. January 24, 1958
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 Louis S. Wallerstein, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Bean].
1 The Employer 's name appears as corrected at the hearing.
119 NLRB No. 174.