United Stockyards Corp.

National Labor Relations Board - Board Decisions

Sep 22, 1954

109 N.L.R.B. 1452 (N.L.R.B. 1954)

1452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As regards the alleged supervisory status of the driver-salesmen, the
record clearly shows that their direction of the helpers is routine
in nature and we are of the opinion that their authority is akin
to that of a skilled craftsman with respect to a single helper under his
direction . Under all the circumstances , including the fact that each
normally has only one helper, we are of the opinion that driver- sales-
men are not supervisors of "employees" within the meaning of the
Act,' and we shall include them in the unit.
Thomaston, Georgia, branch distribution plant: The Petitioner
does not seek to represent the 4 driver-salesmen and their 4 helpers who
work out of the Thomaston branch distribution plant. As stated
above, the Employer contends that the driver-salesmen and their
helpers should- be included in any unit found appropriate here.
In view of the fact that Thomaston is 60 miles from Columbus and
in view of the lack of interchange of employees between the 2 plants,
we find that the Columbus plant constitutes a separate appropriate
unit. We shall therefore exclude the driver-salesmen and their help-
ers at the Thomaston plant from the unit.
We find that the following employees constitute a unit appropri-
ate for purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act: All driver-salesmen and helpers at the Em-
ployer's Columbus, Georgia, plant, excluding all other employees and
supervisors within the meaning of the Act.
[Text of Direction of Election omitted from publication.]
l\IEMBERS PETERSON and BEESON took no part in the consideration
,of the above Decision and Direction of Election.
9 Atlanta Coca-Cola Bottling Company , 83 NLRB 187, 189
FORT WORTH STOCKYARDS, A DIVISION OF UNITED STOCKYARDS COR-
PORATION, AND FORT WORTH LIVESTOCK HANDLING COMPANY 1 and
STOCKYARD WORKERS ASSOCIATION OF AMERICA, PETITIONER. Case
No. 16-RC-1485. September 22,1954
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Lewis B. Ward, hear-
1 Although the petition names as the Employer only Fort Worth Stockyards , a Division
of United Stockyards Corporation, the notice of hearing was also sent to Fort Worth
Livestock Handling Company, and a single appearance was filed on behalf of both com-
panies. Fort Worth Livestock Handling Company is a wholly owned subsidiary of United
Stockyards Corporation, and together they operate the facilities involved herein. They
have in the past acted jointly for collective -bargaining purposes On the Board's own
motion, the formal papers in this proceeding are hereby amended to show the name of
the Employer as listed in the caption above.
109 NLRB No. 198.
FORT WORTH STOCKYARDS 1453
ing officer . The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. Stockyard Workers Association of America , herein called the
Association , and United Packinghouse Workers of America, CIO,
and its United Livestock Handlers Local No. 59, herein called the
Packinghouse Workers, are labor organizations which claim to rep-
resent certain employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and ( 7) of the Act.
4. The Association seeks to represent the employees in those job
classifications included within the contract unit which the Packing-
house Workers presently represents . The parties are in substantial,
agreement that this unit, which consists of operating and mainte-
nance employees at the Employer 's stockyards , is appropriate. How-
,ever, a number of questions with regard to unit placement were raised,
and are discussed below.
The Employer operates a public stockyards at Forth Worth, Texas,
where cattle , sheep, and hogs are delivered and where they are held
pending their sale. It also operates an exchange building where its
offices are located, and in which it rents space to other concerns doing
business in the yards.
The Association has listed in its petition all the classifications in
the wage schedule which is part of the most recent contract between
the Employer and Packinghouse Workers, including certain jobs which
are either unfilled or whose functions are in the process of being
changed. The Employer would exclude from the unit description
the titles of these jobs . The unit described hereinafter includes all
employees performing operating and maintenance duties regardless
of job title. If an employee 's duties are changed so that he no longer
performs work included in the unit, he will be excluded from the
unit . On the other hand, if his duties, although changed , still re-
main in the category of operating and maintenance work , he will re-
main part of the unit.
The Association and the Packinghouse Workers would include the
so-called extra men , whereas the Employer would apparently exclude
those who are probationary employees . The duties of the extra men
are the same as those of other employees in the stockyards , except
that they do not work on a fixed weekly schedule . They are con-
sidered as probationary for the first 45 days of their employment, but
1454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their seniority thereafter relates back to the date of hiring. We shall
include all extra men, without regard to their probationary status,
as regular part-time employees.
The Association and the Packinghouse Workers would also include
the watchmen who were, with one exception, covered by the last bar-
gaining agreement. Some of the watchmen are stationed at the
gates where they control entry into the yards, and the others patrol
the grounds and buildings, guarding the Employer's property. We
find that all the watchmen enforce the Employer's rules for protection
of its property, and we shall therefore exclude them from the unit
in accordance with Section 9 (b) (3) of the Act.2
The Employer hires from 1 to 5 persons during extremely hot, dry
periods to work exclusively at patrolling the grounds to prevent fires.
The Packinghouse Workers would include, and the Employer and
the Association would exclude, them. As the employment of these
,individuals is casual and intermittent, we shall exclude them without
deciding whether they are guards within the meaning of the Act.
Finally, the Packinghouse Workers would include, and the Associa-
tion and the Employer would exclude, the janitors and maid in the,
exchange building. They have previously been excluded from the
bargaining unit although other maintenance personnel in the ex-
change building were covered by the agreement. In the absence of
bargaining history, we would include the janitors and maid in the
operating and maintenance unit.' However, as they have been ex-
cluded from the bargaining unit for many years, we believe that they
should not now be included without being given the opportunity of
voting separately on whether they desire to become part of the unit.'
Accordingly, we shall make no unit finding at this time but shall
direct elections in the following voting groups of employees at the
Employer's Fort Worth, Texas, establishment, excluding from each
voting group supervisors as defined in the Act :
(1) All operating and maintenance employees, including the extra
men, but excluding office clerical employees, solicitors, watchmen, fire
patrolmen, and all employees in voting group (2).
(2) All janitors and maids in the exchange building.
If a majority of the employees in voting group (2) vote against
representation, they will be taken to have indicated their desire to
be, and they will be, excluded from the operating and maintenance
unit. If a majority vote for representation, their ballots will be pooled
with those in voting group (1) and the two groups together will con-
z Beavers Packing Company , 97 NLRB 233, 234; Philadelphia Electric Company, 95
NLRB 71, 74.
8 Roanoke Gas Company, 94 NLRB 1431, 1433.
4 Amertican Can Company, 108 NLRB 1209; The Zia Company, 108 NLRB 1134.
FORT WORTH STOCKYARDS 1455
stitute a single appropriate unit. The Regional Director is instructed
to issue certification of representatives or certifications of results as
dictated by the outcome of the elections herein.
[Text of Direction of Elections omitted from publication.]
O