The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Nov 14, 1941

36 N.L.R.B. 911 (N.L.R.B. 1941)

In the Matter of THE CUDAHY PACKING COMPANY and UNITED CAN-
NERY , AGRICULTURAL , PACKING AND ALLIED WORKERS OF AMERICA,
C. I. O.
Case No. R-3,010-Decided November 1 4, 1941
Jurisdiction : shortening and salad oil refining industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees exclusive of clerical and supervisory employees, temporary employees,
and watchmen ; agreement as to.
Canale, Glankler, Loch & Little, by Mr. Hamilton E. Little, of
Memphis, Tenn., for the Company.
Mr. William Haber, of Memphis, Tenn., for the United.
Mr. Paul Duncan, of Memphis, Tenn., for the Amalgamated.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On or about May 9, 1941, United Cannery, Agricultural, Pack-
ing and Allied Workers of America, C. I. 0., herein called the United,
filed with the Regional Director for the Tenth Region (Atlanta,
Georgia) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The Cudahy
Packing Company, Memphis, Tennessee, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On August 6, 1941, 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, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
36 N. L. R. B., No. 187.
911
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 12, 1941, the Regional Director issued a-notice of hear-
ing, copies of which were duly served upon the Company, the United;
and Amalgamated Meat Cutters & Butcher Workers of North Amer-
ica, Local No. 586, herein called the Amalgamated, a labor organiza-
tion claiming to represent employees directly affected by the.investiga-
tion. Pursuant to notice, a hearing was held on August 21, 1941, at
Memphis, Tennessee, before John C. McRee, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the United,
and the Amalgamated were represented by counsel and participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made several rulings regarding the admission of exhibits.
The Board has reviewed these rulings 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 Company, a Maine corporation engaged in
the general meat-packing industry, operates a shortening and salad-
oil refinery on Chelsea Avenue, and a branch distributing plant at
Calhoun and Tennessee Streets, both in Memphis, Tennessee. This
proceeding is concerned solely with the shortening and salad oil refin-
ery located on Chelsea Avenue. In 1940 this refinery purchased be-
tween $2,000,000 and $3,000,000 worth of crude vegetable oil, of which
approximately $500,000 to $750,000 «'orth was purchased in the State
of Tennessee and the remainder outside the State. The refinery also
used miscellaneous supplies amounting in value to approximately
$400,000, approximately 90 per cent of which were purchased and
shipped from outside the State of Tennessee. In 1940 the Company's
finished products, consisting of shortening and salad oils, were valued
at between $3,000,000 and $4,000,000, approximately 98 per cent of
which were shipped outside the State of Tennessee.
II. THE ORGANIZATIONS INVOLVED
United Cannery, Agricultural, Packing and Allied Workers of
America, affiliated with the Congress of Industrial Organizations,
is a labor organization admitting to membership employees of the
Company.
Amalgamated Meat Cutters & Butcher Workers of North America,
Local No. 586, affiliated with the American Federation of Labor, is
a labor organization admitting to membership employees of the Com-
pany.
THE CUDAHY PACKING COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
913'
On or about May 7, 1941, the United requested that the Company
recognize it as exclusive bargaining agency for the production and
maintenance employees of the refinery. The -Company took the,
position that, since the Amalgamated was also claiming to represent
a substantial number of these employees, it could not recognize either
labor organization in the absence of a certification by the Board.
The parties stipulated at the hearing that the United and the
Amalgamated each represent a substantial number of employees.in
the appropriate unit, which consists of approximately 74 employees.
We find that a question 'has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
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 flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the. parties stipulated, and we find, that the unit
appropriate ' for the purposes of collective bargaining comprises
all production and maintenance employees of the Company's short-
ening and salad-oil refinery located on Chelsea Avenue, Memphis,
Tennessee, exclusive of watchmen, temporary employees, and clerical
and supervisory employees. We further find that said unit will
insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise will
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen -concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The parties stipulated, and we shall direct,
that all employees in the appropriate unit whose names appear on
the Company's pay roll for the period immediately preceding the
date of this Direction of Election, subject to such limitations and
additions as are set forth in the Direction, shall be eligible to vote.
On the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
433118-42-vol. 36-59
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1-. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Cudahy Packing Company, Memphis,
Tennessee, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company's
shortening and salad-oil refinery located on Chelsea Avenue, Mem-
phis, Tennessee, exclusive of watchmen, temporary employees, and
clerical and supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Sction 9 (c) of the National Labor Rela-
tions 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Cudahy Packing Company, Memphis, Tennessee, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) as from the date of this Direction, under
the direction and supervision of the Regional Director for the Tenth
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 and maintenance employees
of the Company's shortening and salad-oil refinery located on Chelsea
Avenue, Memphis, Tennessee, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or in the active military service or train=
ing of the United States, or temporarily laid off, but excluding
watchmen, temporary employees, clerical and supervisory employees,
and employees who have since quit or. been discharged for cause, to
determine whether they desire to be represented by United Cannery;
Agricultural, Packing, and Allied Workers of America, C. I. 0., or
Amalgamated Meat Cutters & Butcher Workers of North America,
Local No. 586, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.