The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Jul 16, 1945

62 N.L.R.B. 1304 (N.L.R.B. 1945)

In the Matter of THE CUDAHY PACKING COMPANY and LOCAL #60,
UNITED PACKINGHOUSE WORKERS OF AMERICA, C. I. O.
Case No. 17-R-1085.-Decided July 16, 1945
Mr. John Crowell, of Chicago, Ill., and Messrs. H. W Reister, D. W.
Smith, and H. G. Rernholz, of Omaha, Nebr., for the Company.
Messrs. Patrick Ratigan, 0. J Johnson, and Walt Mason, of Omaha,
Nebr., for the Union.
Miss Virginia A. Miller„ of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Local #60, United Packinghouse
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation of
employees of The Cudahy Packing Company, Omaha, Nebraska, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Elmer L. Hunt, Trial Exam-
iner. Said hearing was held at Omaha, Nebraska. on May 1, 1945.-The
Company and the Union appeared and participated All parties were afford-
ed full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. Over the Company's
objection the Trial Examiner permitted the Union to amend its petition
and further denied the Company's motion to dismiss. The rulings are hereby
affirmed. The other rulings made by the Trial Examiner at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
62 N. L. R B, No. 177.
1304
THE CUDAHY PACKING COMPANY 1305
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Cudahy Packing Company, a Maine corporation, with its principal
place of business in Chicago, Illinois, is engaged at its Omaha, Nebraska,
plant in the slaughtering, processing, and packing of livestock products.
Approximately 50 percent of the livestock used for processing at the
Omaha, Nebraska, plant is purchased and shipped to it from points outside
the State of Nebraska. Approximately 80 percent of the plant's finished
products is sold and shipped to points outside the State of Nebraska.
The Company concedes that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local #60, United Packinghouse Workers of America, affiliated with the
Congress of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 27, 1945, by letter, the Union notified the Com-
pany of its claim to represent a majority of the Omaha plant's stock drivers
and requested recognition as their exclusive bargaining representative.
On or about April 2, 1945, the Company advised the Union that it would
not accord such recognition in the absence of certification by the Board.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees in
the voting group hereinafter established.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the Act.
IV, THE APPROPRIATE UNIT, TIIE DETERMINATION OF REPRESENTATIVES
The Union seeks to include the stock drivers employed in the purchas-
ing department of the Company's Omaha plant in the unit of that plant's
packinghouse production and maintenance employees, for which it is the
present bargaining agent. The Company contends that these employees
should not be included in a unit composed of production and maintenance
employees, and further that such employees do not constitute an appro-
priate separate unit.
'The Trial Examiner reported that the Union submitted seven membership cards, that the
names of six persons appearing on the cards were listed on the Company 's pay roll of March 31,
1945 , which contained the names of nine stock drivers , and that the cards were dated one in October
1944, one in December 1944, and five in March 1945
2 7there is in existence a master bargaining contract entered into between the Union and the
Company covering , inter alga, production and maintenance employees of the Omaha plant
1 306 DFCISIUNa l1F NA'I'IuyAI. I,rvROk I:ELA"1IONS BOARD
Of the employees in question, four are classified as head drivers and
one is classified as an assistant head driver. The evidence clearly indicates
that the duties of these five employees are supervisory within the meaning
of the Board's usual definition; accordingly, they will be excluded.
The remaining employees involved herein are classified as "stock drivers,"
performing the usual duties associated with this classification in the pack-
inghouse industry. It is our opinion that the interests of such employees
are sufficiently related and identifiable with those of the production and
maintenance employees as to warrant their inclusion in a production and
maintenance unit. As we have found in previous decisions,' we conclude
that the stock drivers may properly constitute a part of the present pro-
duction and maintenance unit, if they so desire.
Accordingly, we shall direct an election among the stock drivers em-
ployed in the processing department of the Omaha plant, to determine
whether or not they wish to be represented by the Union. In the event that a
majority selects the Union as their collective bargaining representative, they
will have indicated their desire to be part of the bargaining unit presently
represented by the Union.
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the stock drivers
in the purchasing department of the Company's Omaha, Nebraska, plant,
excluding the head drivers and the assistant head driver, and all or any
other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, who were employed during the pay-roll
period immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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 9, of National Labor Relations Board Rules
and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with The Cudahy Packing Com-
pany, Omaha, Nebraska, 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 Seventeenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and 11, of
said Rules and Regulations, among the employees in the voting group
S See Matter of Swift & Company, 60 N L R. B 1140; Matter of Armour & Company, 58
N L R B 1649, and cases cited therein
THE CUDAHY PACKING COMPANY 1307
described in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including employ-
ees who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person at the
polls, but excluding employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by Local
#60, United Packinghouse Workers of America, C T. 0., for the purpose of
collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.