White Provision Co.

National Labor Relations Board - Board Decisions

Dec 9, 1941

37 N.L.R.B. 400 (N.L.R.B. 1941)

In the Matter Of SWIFT & COMPANY, OPERATING UNDER THE, TRADE
NAME AND STYLE OF WHITE PROVISION COMPANY and LOCAL UNION
No. 108, UNITED PACKINGHOUSE WORKERS OF AMERICA, OF 'PACK-
INGHOUSE WORKERS ORGANIZING COMMITTEE, C. I. O.
In the Matter Of SWIFT & COMPANY, OPERATING UNDER THE TRADE
NAME AND STYLE OF WHITE PROVISION COMPANY and LOCAL UNION
No. 108, UNITED PACKINGHOUSE WORKERS OF AMERICA, OF PACK-
INGHOUSE WORKERS ORGANIZING COMMITTEE, C. I. O.
Cases Nos. R-1856 and C-1772
SUPPLEMENTAL DECISION
AND
ORDER
December 9, 1941
On June 6, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election Pur-
suant to the Direction of Election, an election by secret ballot was
conducted on June 19, 1940, under the direction and supervision of
the Regional Director for the Tenth Region (Atlanta, Georgia).
On June 21, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, issued'and duly served upon the parties.
his Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible_______________________________________ 344
Total ballots cast___________________________________________ 313
Total ballots cast for Local Union No 108, United Packing-
house Workers of America, of Packinghouse Workers Organ-
izing Committee, C. I. 0___________________________________ 135
Total ballots cast against Local Union No. 108, United Packing-
house Workers of America, of Packinghouse Workers Organ-
izing Committee, C. I. 0_________________________________ 172
Total number of challenged ballots__________________________ 6
Total number of void ballots________________________________ 0
Total number of blank ballots____________________________ 0
--1 24 N. L R B 427
37 N. L. R B , No 66
400
SWIFT & COMPANY 401
On June 24 and June 27, 1940, respectively, Local Union No. 108,
United Packinghouse Workers of America, of Packinghouse Work-
ers Organizing - Committee, C. I. 0., herein called the Union, filed
with the Regional Director objections to the Election Report, and
requested that a hearing be held on.the objections. The objections
alleged in substance that Swift & Company, operating under the
trade name and style of White Provision Company, herein, called
the Company; through its foremen and confidential employees, had,
prior to and on the date of the election, interfered with, intimidated,
and coerced its, employees in the exercise of their right to select
representatives of their own choosing.. On July 24, 1940, the
Regional Director filed a Report on Objections in which he recited
that certain coercive acts had been committed by supervisory em-
ployees and a confidential employee of the Company in connection
with the election. The Company, on July 26, 1940, filed exceptions
to the Report on Objections.
On August 28, 1940, the Union filed charges with the Regional
Director, alleging that the Company had interfered with, restrained,
and- coerced its employees in the respects recited by the Regional
Director in his Report on Objections, and in other respects.
The Board, after considering the Election Report, the objections
to the Election Report, the Report on Objections, and the exceptions
filed by the Company, found that the objections presented substantial
and material issues with respect to the conduct of the ballot., On
September 13, 1940, the Board directed that a hearing be held on
the objections and that the representation -proceeding (Case No.
R-1856) be consolidated with 'the proceeding relating to the alleged
unfair labor practices (Case No. C-1772).
Upon amended charges filed by the Union the Board, by its
Regional Director, on October 14, 1940, issued its complaint against
the Company alleging that the Company had engaged in and was
engaging in unfair labor practices within the meaning of Section 8
(1) and Section 2 (6) and (7) of the Act.
Pursuant to notice, a hearing was held upon the complaint and
the objections to the election report at Atlanta, Georgia, on November
12 and 13, 1940, before R. N. Denham, the Trial Examiner duly
designated by the Chief Trial Examiner. The Board, the Com-
pany, and the Union were represented either by counsel or by an
official representative and participated in the hearing. Full oppor-
tunity was afforded all parties to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
raised by the objections to the Election Report and the complaint.
On December 31, 1940, the Trial, Examiner issued his Intermediate
Report, copies of which were duly,served upon the Company and the
Union. He found that the Company, through one of its foremen,
402 DECISIONS OF NATIONAL LABOR', RELATIONS BOARD
had, prior to the'election; advised several employees against belonging
to or voting for the Union, told one employee' that if there had
to be a union in the plant, that the Company would prefer the Ameri=
can Federation of Labor to the Congress of Industrial Organizations,
with which the Union as affiliated, and asked another employee
whether he had joined the Union;' and that by the foregoing acts the
Company had interfered with, restrained, and coerced its employees
within the meaning of Section 8 (1) of the Act. He, found that the
Company had- not engaged in the other. unfair labor practices alleged
in the complaint. He recommended that the Company cease and
desist from engaging in the unfair labor practices found and that it
post appropriate notices. No exceptions to the Intermediate Report
were filed by the Company or the Union.
On March 27, 1941, the Company filed w ith the Regional Director
its report setting forth the manner in which it had complied with the
Trial Examiner's Intermediate Report. The Company has fully
complied with the recommendations of the Trial Examiner by posting
notices as required and for the period of time recommended by the
Trial Examiner.
Since the Company has fully complied with the recommendations
of the Trial Examiner, it is not necessary for us to make findings of
fact, conclusions of law, or an order based on such recommendations.2
Under the circumstances of this case, we find that the policies of the
Act will best be effectuated by dismissing the petition for investigation
and certification of representatives of employees of the Company,
without prejudice.3
ORDER
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations- Series 2,
as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Swift & Company, operating
under the trade name and style of White Provision Company, Atlanta,
Georgia, filed by Local Union No. 108, United Packinghouse Workers
of America, of Packinghouse Workers Organizing Committee, C. I. 0.,
be, and it hereby is, dismissed without prejudice.
2 Article II, Section 35, of National Labor Relations Board Rules and Regulations-
Series 2. as amended
a Since the unfair labor practices alleged in the objections to the Election Report were
tie