The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Jun 29, 1940

24 N.L.R.B. 1127 (N.L.R.B. 1940)

In the-Matter-of THE CUDAHY -PACKING COMPANY and UNITED PACK-
ING 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
SUPPLEMENTAL DECISION
AND
AMENDED DIRECTION OF ELECTION
June 29, 1940
..On. September 26, 1939, the National Labor Relations Board, herein
called the Board," issued a Decision, Order, and Direction of Election
in the above-entitled case,' ordering that the respondent cease and
desist from certain unfair labor practices and take affirmative action
found necessary to effectuate the policies of the National Labor Re-
lations Act, 49 Stat. 449, and directing that an election by secret ballot
be conducted at such. time in the future as the Board should direct
under the direction and supervision of the Regional Director for the
Eighteenth. Region (Minneapolis, Minnesota). On June 8, 1940, the
Board gave notice that on June 18, 1940, or as soon thereafter as con-
venient,, unless sufficient cause to the contrary had been shown, it
would amend its Decision, Order, and Direction of Election in ac-
cordance with the motion of Local Union No. 70, United Packinghouse
Workers of America, of Packinghouse Workers Organizing Com-
mittee, affiliated with the Congress of Industrial Organizations.2 On
June 17, 1940, The Cudahy Packing Company, herein called the
respondent, filed with the, Board objections to the proposed amend-
ments and requested a hearing thereon. The motion and objections
thereto and request fora hearing thereon have been duly considered
by the. Board.
.The motion of Local Union No. 70, United.Packinghouse Workers
of America, of Packinghouse Workers Organizing Committee, af-
filiated with the Congress of Industrial Organizations, that the Board
amend its Direction of Election by striking therefrom the - words
"United Packing House Workers Local Industrial Union No. 873,
1 15 N. L. R. B. 676.
2 This , motion was served on the parties.
24 N. L. R. B., No. 123.
1127
1128 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
affiliated with Packing House Workers Organizing'Committee and the
Committee for Industrial Organization" and substituting therefor
the words "Local Union No: 70, United Packinghouse Workers of
America, of Packinghouse Workers Organizing, Committee, affiliated
with the Congress of Industrial Organizations," • and by directing an
election within thirty (30) days from the date of the requested amend-
ments on the basis of a current pay roll, is hereby granted ; in all other
respedts,'the motion is denied. The respondent's request fora hear-
ing is hereby denied.
Accordingly , the Board hereby amends its Direction of Election to
read as follows :
AMENDED 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, 49 Stat . 449, 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 purpose of collective bargaining
with The Cudahy Packing Company, Sioux City, Iowa, an election
by secret ballot shall be conducted within thirty .( 30) days from the.
date of this Amended Direction of Election, under the direction and
supervision of the Regional Director for the Eighteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,.
and subject to Article III, Section 9, of said Rules and Regulations,
among all hourly paid and piece-work production and maintenance
employees of The Cudahy Packing Company, Sioux City, Iowa, whose
names appear on its pay roll immediately preceding the date of this
Amended Direction of Election , including employees who did not
work during such period because they were ill or on vacation and
employees who were then or have since been temporarily laid off, but
excluding superintendents , assistant superintendents , foremen, sub-
foremen, clerical and office workers , scalers, watchmen , timekeepers,
truck drivers, employees in the salvage department , all supervisory
employees , and those who have since quit or been discharged for cause,
to determine whether or not such employees desire to be represented
for 'the purposes of collective bargaining by Local Union No. 70,.
United Packinghouse Workers of America, of Packinghouse Workers
Organizing Committee,, affiliated with the Congress of Industrial
Organizations.
MR. WILLIAM M. LEISERSON took no.part in the consideration of the
above Supplemental Decision and Amended Direction of Election.