The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Dec 7, 1940

28 N.L.R.B. 369 (N.L.R.B. 1940)

In the Matter of THE CUDAHY PACKING Co. and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE CONGRESS,
OF INDUSTRIAL ORGANIZATIONS.
Case No. R-2151.-Decided December 7, 1940
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question : refusal,
to accord recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : all production employees of the
Company at its Jersey City plant, including coopers, but excluding chauffeurs,
weighmasters, watchmen, mechanics, roustabouts, engineers, firemen, super-
visors, managerial employees, "shochtim," office janitors, office clerks, car-
penters, and electricians.-
Mr. Mark Lauter, for the Board.
Mr. Louis F. Gerber, of Jersey City, N. J., for the Company..
Mr. Meyer Stern, of New York City, for the P. W. O. C.
Buitenkant d Cohen, by Mr. Jacque Buitenkant, and Mr. Louis
Block, of New York City, for Local No. 640.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 31 and October 21, 1940, respectively, Packinghouse
Workers Organizing Committee, affiliated, with the Congress of In-
dustrial Organizations, herein called the P. W. O. C., filed with the
Regional Director for the Second Region (New York City) a peti-
tion and amended petition, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Cudahy Packing Co:, Jersey City, New Jersey, herein called - the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On October 14, 1940, 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,
28 N. L. R. B., No. 63.
369
370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On October 21, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the P. W.
O. C., and Amalgamated Meat Cutters & Butcher Workmen of North
America, A. F. L., Local No. 5, herein called Local No. 5,,a labor
organization which claimed to represent employees directly affected
by the investigation. On October 29, 1940, the Regional Director
issued a notice of postponement of hearing, copies of which were duly'
served upon the Company, Local No. 5, the P. W. O. C., Amalga-
mated Meat Cutters & Butcher Workmen of North America, A. F.-
L., herein called the Amalgamated, and Local No. 261 thereof, herein
called Local No. 261, a labor organization which claimed to have
succeeded to the jurisdiction of Local No.,5 over employees directly
affected by the investigation. Pursuant to notice, a hearing was
held on November 14 and 15, 1940, at New York City, before Josef
L. Hektoen, the Trial Examiner duly designated by the Board. At
the hearing Local No. 640 of the Amalgamated, herein called Local
No. 640, a labor organization claiming to have succeeded to the
jurisdiction of Local No. 261 over employees directly affected by the
investigation, moved to intervene in the proceeding and waived
notice of hearing. The motion was granted. The Board and Local
No. 640 were represented by counsel; the Company and the P. W.
O. C., by their respective, representatives, all participated in the
hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Cudahy Packing' Co. is a Maine Corporation, having a plant-
and place of business at 685 Henderson Street, Jersey City, New Jersey,
At this,plant the Company is engaged principally in the purchase and
slaughter of livestock and the 'sale of meat and various byproducts.
The normal weekly slaughter at the Jersey City plant is 1,000 calves,
6,000 sheep, and 1,000 cattle. All such livestock is purchased by the
THE CUDAHY PACKING CO 371
Company outside the State of New Jersey. Over half of the products
of the Jersey City plant are shipped by the Company to points outside
New jersey.
II. THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations; Amalgamated Meat Cutters
S, Butcher Workmen of North America, affiliated with the American
Federation of Labor; and Local Nos. 5, 261, and 640 of the Amalgam-
ated are labor organizations. The P. W. O: C. and Local No.,640
admit to membership employees of the Company at its Jersey City
plant.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing it was stipulated by the parties that the P. W. O. C.
and Local No. 640 have each requested the Company to bargain col-
lectively with it in behalf of the employees in the unit found below to
be appropriate and that the Company has refused to recognize the
P. W. O. C. as the exclusive collective bargaining agent of its employees
in the absence of Board certification of it as such.' At the hearing
there was introduced in evidence a report prepared by the Regional
Director showing that both the P. W. O. C. and Local No. 640 rep-
resent a substantial number of employees in the unit found below to be
appropriate for the purposes of collective bargaining.2
There was also introduced in evidence an undated "Memorandum
of Agreement" under which the Company has recognized Local No. 5
as the exclusive bargaining agent of its production employees at the
Jersey City plant. This agreement recites that it shall be in effect
r It appears from the petition filed by the P. W. O. C. on July 31, 1940, that the Com-
pany had theretofore refused to bargain with it in the absence of Board certification
of it as a majority representative
i There are about 230 employees n ithin the appropriate unit
The P. W. 0 C . submitted to the Regional Director 95 authorization cards, all of which,
according to the Regional Director ' s report, appear to bear genuine , original signatures of
persons appearing on the Company's pay roll of September 14, 1940 Of these 95 cards,
72 were signed in July 1940 and 2.3 are undated
Local No. 261 submitted to the Regional Director a copy of a receipt from the Amalgam-
ated , listing dues payments and amounts received by the Amalgamated for members of
Local No 261 for the months of September and October 1940 This record of dues
payments shows a total of 56 dues-paying members whose names appear on the pay roll
of September 14, 1940 . Local No; 261 also submitted to the Regional Director 97 authori-
zation cards, designating the Amalgamated as collecti've bargaining representative The
Regional Director reported that all 97 cards bear what appear to be genuine , original
signatures of persons on the above pay roll. Of the' names on these cards, 46 duplicate
names on the record of dues receipts For the purposes of this proceeding , we consider
the foregoing representation claims of Local No 261 to be those of Local No 640, since
Local No 640 appears to have recently succeeded to the jurisdiction of Local No. 261
over the employees here involh ed -
413597-42-vol 28-25
372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'until November 1, 1940, and from year to year thereafter unless
terminated by 30 days' notice given by either party to the other.
Neither party has notified the other of a desire to terminate the
agreement. On October 29, 1940, after notice of hearing herein was
issued and served on the parties, Local No. 261 wrote the Company
as follows : "In view of the fact that our present contract expires
October 31st, 1940 at midnight, request the Cudahy Packing Com-
pany that this contract be continuing until a new contract has been
consummated." The Company considers that the Memorandum of
Agreement is still in effect. Local No. 640 apparently contends that
the above agreement constitutes a bar to a determination of repre-
sentatives at this time. We find this contention to be without
merit.3
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
C031AIERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described 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 floe of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties agreed and we find that all production
employees of the Company at its Jersey City plant, including coopers,
but excluding chauffeurs, weighmasters, watchmen, mechanics, rousta-
bouts, engineers, firemen, supervisors, managerial employees,
"shochtim," office janitors, office clerks, carpenters, and electricians,
constitute a unit appropriate for the purpose of collective bargaining.,
We further find that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
"See Matter of Colonie Fibre Company , Inc and Cohoes Knit Goods Workers Union
No 21511,, A. F. of L, 9 N. L. R B. 658.
* This unit is substantially the same as that covered by the Memorandum of Agreement
referred to in Section III, supra , and as that in which the Boaid certified Local No 5
as the exclusive representative on December 30, 1937 See Matter of Cudahy Packing
Company and Packinghouse Workers Union Local No. 5, Amalgamated Meat Cutters and
Butcher Workmen of North America, 4 N L R. B 39.
THE CUDAHY PACKING CO.
VI. THE DETERMINATION OF REPRESENTATIVES
373 '
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
direct that those eligible to vote in the election shall be the employees
in the appropriate unit who were employed by the Company during
the pay-roll period immediately preceding our Direction of Election,
including employees who did not work during such pay-roll period
because they were ill or on vacation and employees who were then or
have since been temporarily laid off, but excluding those who have
since quit or been discharged for cause.
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
L' A question affecting commerce has arisen concerning the repre-
sentation of employees of The Cudahy Packing Co., Jersey City,
New Jersey , within the meaning of Section 9 , (c) and Section 2 (6)
and (7 ) of the Act.
2. All production employees of the Company at its Jersey City
plant, including coopers, but excluding chauffeurs , weighmasters,
watchmen , mechanics , roustabouts , engineers , firemen, supervisors,
managerial employees , "shochtim ," office janitors, office clerks, car-
penters, and electricians , constitute a unit appropriate for the pur-
poses of collective bargaining , within the meaning of Section 9 (c)
of the 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 Relations Board Rules and Regulations-Series 2, as amended
it is hereby
DIRECTED that, as part ' of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with The Cudahy Packing Co ., Jersey City, New Jersey , 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 and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations , among all production employees of The Cudahy Pack-
ing Co., at its Jersey City, New Jersey plant, who were employed
- -____ ---_-"_-'---------------- 11.11 f"n a,CL^l, Eif!h) I^. '(w 6^^U _;( [®1
374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the Company during the pay-roll period immediately preceding
the date of this Direction, including coopers, employees who did not
work during such pay-roll period because they were ill or on vacation,
and employees who were then or have since been temporarily laid off,
but excluding chauffeurs weighmasters, watchmen, mechanics, rousta-
bouts, engineers, firemen, supervisors, managerial employees,
"shochtim," office janitors, office clerks, carpenters, electricians, and
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by Packinghouse Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, or by Amalgamated Meat Cutters & Butcher Work-
men of North America,*Local'No. 640, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or
by neither.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Decision and Direction of Election.
[SAME- TITLE
CERTIFICATION OF REPRESENTATIVES
January 14, 1941
On December 7, 1940, the National Labor Relations 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 December 23, 1940, under the direction and supervision
of the Regional Director for the Second Region (New York City).
On December 26, 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 her Election Report. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties:
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote----------------------------------- 215
Total number of ballots cast________________________________ 194
Total number of valid ballots_______________________________ 186
Total. number of votes in favor of Packinghouse Workers
Organizing Committee, affiliated with the Congress of
Industrial Organizations__________________________________ 21
Total number of votes in favor of Amalgamated Meat Cutters
& Butcher Workmen of North America, Local No. ,640,
affiliated with the American Federation of Labor ----------- 157
Total number of votes in favor of neither union ------------ 8
Total number of blank votes_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes____________________________ 8
THE CUDAHY PACKING CO. 375
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 Amalgamated Meat Cutters & Butcher
Workmen of North America, Local No. 640, affiliated with the Ameri-
can Federation of Labor, has been designated and selected by a
majority of all production employees of The Cudahy Packing Co.,
at its Jersey City, New Jersey, plant, including coopers, but excluding
chauffers, weighmasters, watchmen, mechanics, roustabouts, engi-
neers, firemen, supervisors, managerial employees, "schoctim," office
janitors, office clerks, carpenters, and electricians, as their representa-
tive for the purposes of collective bargaining and that, pursuant to
Section 9, (a) of the National Labor Relations Act, Amalgamated
Meat Cutters & Butcher Workmen of North America,,Local No. 640,
affiliated with the American Federation of Labor, is the exclusive
representative of all such employees for the purposes of collective
bargaining with: respect to rates of pay, wages, hours of employment,
and other conditions of employment.
28 N. L. R. B, No. 63a.