The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Sep 7, 1940

27 N.L.R.B. 108 (N.L.R.B. 1940)

.- -.. 1', ,.
In the Matter of THE CUDAHY PACKING COMPANY and, UNITED
PACKING HOUSE WORKERS LOCAL INDUSTRIAL UNION- No. 389
In the Matter of THE CUDAHY PACKING COMPANY and U. P. H. W.,
L. I. U. No. 873, AFFILIATED WITH P . W. O. C. AND 'C. I. O.
Cases Nos. 'C-901 and R-1134
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 7, 1940
On September 26, 1939, the National -Labor Relations Board,
herein called the Board, issued its Decision, Order, and Direction
of Election in the above-entitled proceedings ,3 finding that The
Cudahy Packing Company, Sioux City, Iowa, herein called the Com-
pany, had engaged in and was engaging in certain unfair labor
practices, ordering it to cease and desist from such practices and to
take appropriate affirmative action,2 and directing an election among
the employees of the Company in the appropriate unit at such time
in the future as the Board should direct. On June 29, 1940, the
Board issued a Supplemental Decision and Amended Direction of
Election in the above-entitled proceedings,3 granting a motion sub-
stituting the name "Local Union No. 70, United Packinghouse Work-
ers of America, of Packinghouse Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations," 4 for the
name "United Packing House Workers Local Industrial Union No. 873,
affiliated with Packing House Workers Organizing Committee and the
Committee for Industrial Organization," wherever the latter name
appeared in the Direction of Election issued on September 26, 1939;
and directing that an election by secret ballot be conducted within
thirty (30) days. Pursuant to the Amended Direction of Election, an
115 N L R B 676
2 The Company has not complied with the Board 's Order. An appeal is now pending
before the United States Circuit Court of Appeals for the Eighth Circuit.
324 N L . R B 1127. This was preceded by a notice, dated June 8, 1940, and served
upon the parties , to show cause why the above motion should not be granted.
4 Herein referred to as the Union
27 N. L R. B., No. 29.
108
THE CUDAHY PACKING COMPANY 1091
election by secret ballot was conducted on July, 29, 1940, under, the,
direction and supervision of the Regional Director for the Eighteenth
Region (Minneapolis, Minnesota )-. On July 31, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties his. Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of ballots cast_______________________________ 760
Total number of ballots counted___ _________________________ 752
Total number of votes for Local Union No. 70, United Pack-
inghouse Workers of America, P. W. 0. C. and C. I. 0______ 671
Total number of votes against above organization----------- 81
Total number of blank ballots _____________________________ 2
Total number of void ballots_______________________________ 2
Total number of challenged ballots -------------------------- 4
On August 3, 1940, the Company filed herein its Objections to the
conduct of the election and to the Election Report. On August 19,
1940, the Regional Director issued a Report on Objections, which was
duly served on all parties, reporting his investigation of the matters
set forth in the Objections of the Company, and recommending that
the Board overrule said Objections in their entirety.
. The Company challenges the Election and the report of the Regional
Director on four grounds: (1) an alleged impropriety in the method
used to determine the eligibility of voters; (2) an alleged refusal of
the Regional Director to allow the Company to investigate the eligi-
bility of voters; (3) an alleged unfairness of the form of ballot used;
and (4) an alleged incompetency of the notaries public who functioned
at the polls.
The first objection of the Company attacks the use of^affidavits to
establish the eligibility of employees who voted in the election. On
July 25, 1940, four days before the election was scheduled, the Regional
Office of the Board requested the Company to submit a pay roll for the
purpose of determining eligibility. The Company refused to furnish
its pay roll on July 26, 1940. The Regional Director thereupon pre-
pared affidavits for the employees to execute when they came to the
polls. These affidavits were given to persons only after they had been
identified as employees of the Company by observers, and in all cases
the executed affidavits were delivered into the possession of the Board
prior to the casting of the ballots. The observers who identified the
persons who were given affidavits ' to execute were representatives of
the Union. The Company did not avail itself of its right to have
observers present at the polls. The use of affidavits to' determine the
eligibility of voters under circumstances such as are here presented
was recently approved by the Board in Matter of The Cudahy°Packing
rio DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company v. United Packing House Workers Local Industrial Union,
No. 194.5
The Company's second objection is based on the assertion that the
Regional Director deprived it of an opportunity to determine whether
the persons voting were eligible employees. On August 2, 1940, the
Company proposed that it examine the affidavits, taking therefrom a
list of the voters for comparison with its pay roll. - On August 5, 1940,
the-Regional Director suggested to the Company that it send its pay-
roll clerk and pay roll to the Regional Office to compare the names of
the voters with the pay roll in the presence of an agent of the Board.
This procedure was again offered to the Company on August 10, 1940,
but the Company declined to follow it.
It is to be noted that prior to the election the Company refused
to submit its pay roll, thereby eliminating the normal and most
obvious way of checking eligibility. It refused to have observers
present at the polls to pass on the eligibility of voters. Finally, it
refused the Regional Director's offer of a comparison of the voters
with its pay roll. Under those circumstances, we find that the Com-
pany had ample. opportunity to investigate the eligibility of voters.
The Board's order directed a secret ballot as provided by the- Act.
The Company's proposal that it be allowed to take a list of the
voters from the affidavits, if followed, would have violated the
secrecy of the ballot.'
The Company's third objection attacks the form of the ballot on
the ground that its word usage encouraged the voters to designate
the Union. There is no merit in this contention.7
5 26 N L R B 749
6.,1L similar request by the Company was considered, by the Board in tire Cudahy, case,
supra, where as here , there had been no compliance with the Board ' s Order to cease and
desist from certain unfair labor practices and to take certain affirmative action to
effectuate the policies of the Act. We stated
Because of the nature of the election , in which 813 out of approximately 870 ballots
cast were for the United , to have permitted the Company to make and take a list of
the names of those employees who participated in the election , as contained in their
affidavits of eligibility , would be to place in the Company's possession a document
identifying substantially the group of 'employees who are adherents of the United,
or at least rendering such group of employees suspect of such adherence , and thus
to expose employees in such group to acts of employer interference, restraint, and
coercion of the kind previously committed by the Company
This language is equally applicable to the instant case, since 671 out of 752 ballots counted
were for the Union.
i7 The ballot was as follows :
OFFICIAL BALLOT
To determine the exclusive representatives for collective bargaining for certain em-
ployees of The Cudahy Packing Company, Sioux City, Iowa
1 This is a secret ballot
2 Make your choice by marking "x" in one squaie only.
3 Do not sign your name
4 If you spoil your ballot , return it to the Board 's agent and get a new one.
THE CUDAHY PACKING COMPANY 111
The Company's fourth objection attacks the competency of the
notaries public who took the affidavits ot the voters on the ground
that they were not acquainted with all the voters. A similar con-
tention was overruled by the Board in the Cudahy case, supra.
We find that the objections do not raise substantial and material
issues with respect to the conduct of the ballot or the Election Report.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the-National Labor Rela-
tions 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 CERTIFIED that Local Union No. 70, United Packing-
house Workers of America, of Packinghouse Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all hourly paid
and piece-work production and maintenance employees of The
Cudahy Packing Company, Sioux City, Iowa, exclusive of superin-
tendents, assistant superintendents, foremen, subforemen, clerical
and office workers, scalers, watchmen, ,tiipekeehers; truck drivers,'
employees in the salvage department, and all supervisory employees,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
Local Union No. 70, United Packinghouse Workers of America, of
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other
conditions of employment.
5. Fold your ballot to conceal the "x" you have made and deposit it personally
in the ballot box in the presence of the Board' s agent
I DESIRE LOCAL UNION NO 70, UNITED PACKINCIIOUSE WORKERS OF
AMERICA, OF PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, AFFIL-
IATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, TO REPRE-
SENT ME AS MY EXCLUSIVE AGENT IN COLLECTIVE BARGAINING.
YES q NO q