Union Stock Yards Co.

National Labor Relations Board - Board Decisions

Jul 29, 1946

69 N.L.R.B. 995 (N.L.R.B. 1946)

In the Matter of UNION STOCK YARDS COMPANY a92d A1IALGAMATED
MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL
172, A. F. L.
Case No. 17-R-1414.-Decided July 29,1946
Messrs . Fred A. Moon, Joe M. Shipmi- n, and Floyd E. Stafford, of
Springfield , Mo., for the Company.
Mr. V. L . Nance , of Springfield , Mo., for the Union.
Mr. Elmer P. Freischlag, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 172, A. F. L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Union Stock
Yards Company , Springfield , Missouri , herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert S. Fousek, Trial Examiner.
The hearing was held at Springfield, Missouri, on May 16, 1946. The
Company and the Union appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Union Stock Yards Company, a Missouri corporation, is engaged
at Springfield, Missouri, in the operation of a stockyard. It provides
its customers , who are engaged in the business of buying and selling
69 N. L. R. B., No. 123.
995
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
livestock , with services and facilities for weighing , exhibiting, and
caring for livestock pending sale . During the year 1945 , over 250,000
head of livestock were shipped to the Company 's stockyard , of which
a substantial portion came from points outside the Slate of Missouri.
During the same period, in excess of 250,000 head of livestock were
shipped from the Company's stockyard, of which a substantial portion
was shipped to points outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North A1ner-
ica, Local 172 , is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 5, 1946, the Union filed with the Regional Director the
instant petition . On the same day, the Company , the Union, and a
representative of the Board entered into an "Agreement for Consent
Election," providing for the holding of an election among all produc-
tion and maintenance employees of the Company, except for cleripal
and supervisory employees. Thereafter, an election by secret ballot
was conducted on April 9, 1946, under the direction and supervision
of the Regional Director among the employees in the stipulated unit
to determine whether or not said employees desired to be represented
by the Union. Upon the completion of the election, the Regional
Director duly issued and served upon the parties a Tally of Ballots.
The Tally, which was made part of the record, indicates that of the
approximately 30 eligible voters, 27 cast valid ballots, of which 16
were for the Union , 10 were against the Union ., and 1 was challenged.
The Union had thus . received a majority of all the ballots cast.
Following the election, the Company advised the Regional Director
that it misunderstood the terms of the consent electi on agreement and
desired that the Board rule upon the question of the inclusion in the
unit of the job classification of barn superintendent . The Regional
Director thereupon issued the notice of hearing on the instant petition.
At the hearing, the Company anal the Union agreed that the Board may
certify the Union upon the basis of the election results, after having
determined this unit issue.
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.
UNION STOCK YARDS COMPANY
IV. THE APPROPRIATE UNIT
997
The Union seeks a unit of all production and maintenance employ-
ees of the Company, including the barn superintendent,' but excluding
clerical and supervisory employees. The sole dispute relates to the
barn superintendent, whom the Union would include in, and the
Company exclude from, the unit.
The barn superintendent works in the barn, a roofed area contain-
ing pens for livestock. He has charge of assigning livestock to the
various pens, feeding and watering the livestock, and loading them for
shipment. In the morning he has one assistant, and in the afternoon
he has two. Whenever he deems additional help necessary, he secures
such help through his superior, the general manager. These assistants
are assigned to tasks designated by the barn superintendent, who
spends a substantial portion of his time performing the same manual
labor as his assistants. Although he has reprimanded his assistants
for doing their work improperly, and has, upon request of the general
manager, submitted oral reports concerning their work performance,
it does not appear that he can effect a change in status of his assistants
or effectively recommend such action. We note, too, that the barn
superintendent is a member of the Union, and that his dues were
formerly checked off under the 1 year contract between the Union and
the Company covering rank and file production and maintenance em-
ployees which expired on January 17, 1946. It further appears that
although this employee has, since February 1946, been assigned more
work and been given some added responsibility, his power over his
subordinates has undergone little or no change.
In view of the foregoing and the entire record in the case, we are of
the opinion that the barn superintendent is not a supervisory employee
within our customary definition of the term. Accordingly, inasmuch
as the interests of the barn superintendent are closely related to those
of the other production and maintenance employees, we shall include
him in the unit.-
We find that all production and maintenance employees of the Com-
pany, including the barn superintendent, but excluding clerical em-
ployees, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
10. M. Rickard.
2 See Matter of Southwest Pump Company, 63 N. L. R. B. 1375; Matter of John Oster
Manufacturing Co., 60 N. L. R. B. 805.
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
As noted above, the results of the election indicate that the Union
has secured a majority of the votes cast, and that the challenged ballot
would not affect the results of the election. Both the Company and
the Union agreed at the hearing to certification of the Union upon
the basis of the election results. We shall, therefore, certify the
Union as the collective bargaining representative of the employees
in the unit found appropriate in Section IV, above.
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that Amalgamated Meat Cutters and Butcher
Workmen of North America, Local 172, A. F. L., has been designated
and selected by a majority of all production and maintenance em-
ployees of Union Stock Yards Company, Springfield, Missouri, in-
cluding the barn superintendent, but excluding clerical employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the Act, the said organization is the exclusive representa-
tive of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.