Wilson and Co., Inc.

National Labor Relations Board - Board Decisions

Mar 25, 1949

82 N.L.R.B. 405 (N.L.R.B. 1949)

In the Matter Of WILSON AND CO., INC., EMPLOYER and AMALGAMATED
MEAT CIITTERS & BUTCHER WORKMEN OF NORTH AMERICA, A. F. of L.,
PETITIONER
In the Matter of WILSON AND CO., INC., EMPLOYER and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS , LOCALS 38-38A, A. F. OF L.,
PETITIONER
Cases Nos. 17-RC-238 and 17-RC-2992, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 25, 1949
On December 27, 1948, the Board issued its Decision and Direction
of Elections 1 in the above-entitled cases, directing that elections by
secret ballot be conducted among certain employees of the Employer.
The elections were conducted on January 21, 1949, under the direction
and supervision of the Regional Director for the Seventeenth Region
(Kansas City, Missouri).
Upon the conclusion of the elections, a Tally of Ballots was fur-
nished the parties in each of these cases in accordance with the Rules
and Regulations of the Board. In Case No. 17-RC-238, the Tally
shows that, of the approximately 1,189 eligible voters, 1,063 cast valid
ballots, of which 160 were for the Amalgamated, 771 were for the
Packinghouse Workers, and 132 were against both participating labor
organizations. Thirty ballots were challenged. In Case No. 17-RC-
292, the Tally shows that, of the approximately 19 eligible voters, 16
cast valid ballots, of which 14 were for the Operating Engineers and 2
were for the Packinghouse Workers. There were no challeneged
ballots.
On January 27, 1949, the so-called "Neither Committee" objected
td the conduct of the elections on the grounds that (1) the "Neither
Committee," although a proper party to this proceeding, was not per-
mitted to have observers at the elections, and (2) tallies of ballots
1 80 N. L. It. B. 1466.
82 N. L. It. B., No. 42.
838914-50-vol. 82-27 405
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were not furnished the "Neither Committee" in accordance with the
Board's Rules and Regulations. However, the Regional Director, in
his Report on Objections dated February 7, 1949, found that the objec-
tions did not raise substantial and material issues with respect to the
conduct of the elections. He recommended that the Board overrule
the objections.
No exceptions having been taken thereto by the parties,' we adopt
the foregoing findings of the Regional Director that the objections do
not raise substantial or material issues with respect to the conduct of
the elections. We hereby overrule the objections.
In the Decision and Direction of Elections, previously referred to,
the Board made no final determination as to the appropriate unit or
units.
Upon the entire record in these cases, the Board makes the fol-
lowing :
SUPPLEMENTAL FINDINGS OF FACT
We find that each of the following groups of employees of Wilson
and Co., Inc., at its 27 and Y Streets plant, Omaha, Nebraska, con-
stitute units appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act, as amended :
(a) All employees in the boiler and engine room, including engi-
neers, firemen, temperature men, and oilers, but excluding all salaried
and clerical employees, watchmen, guards, production employees, and
all supervisors as defined in the Act.
(b) All production and maintenance employees, including weekly
and hourly paid scalers, checkers, gang leaders, weekly and hourly
paid yard drivers, restaurant employees, garage employees and truck
drivers, but excluding office and clerical employees, wholesale mar-
ket employees, boiler and engine room employees, watchmen, assistant
foremen, foremen, superintendents, and all other supervisors as defined
in the Act.
2 Counsel for the "Neither Committee" filed a letter in the nab-ire of exceptions to the
Regional Director's Report on Objections, in which the "Neither Committee" reiterated its
objections mentioned above The "Neither Committee" did not seek to intervene at the
hearing, nor did it participate in any manner in this proceeding before the issuance of the
Decision and Direction of Elections. Although it allegedly represents a group of employees,
the "Neither Committee" does not purport to be, nor to function as, a collective bargaining
representative. Section 203.61 of the Board's Rules and Regulations permits exceptions to
a Report on Objections to be filed by the "parties" to the representation proceeding. We
do not consider the "Neither Committee" to be a party to this proceeding within the defi-
nition of "party" in Section 203.8 of the Rules and Regulations, and therefore we shall not
entertain the aforesaid exceptions See Matter of Times Square Stores Corporation, 79,
N. L. R. B. 361 ; Matter of Westinghouse Electric Corporation, 78 N. L. R. B 315; Matter
of The Nashville Corporation, 77 N. L. R B. 145; and Matter of Shell Oil Company, Inc.,
66 N. L. R. B. 510.
WILSON AND CO., INC. 407
As a majority of the employees in voting group (a) selected the
Operating Engineers and a majority in voting group (b) selected the
Packinghouse Workers, we shall certify these organizations, respec-
tively, as the collective bargaining representatives of the employees
in units (a) and (b) hereinabove found appropriate.
CERTIFICATION OF REPRESENTATIVES
IT Is HEREBY CERTIFIED that the following organizations have been
designated and selected by a majority of the employees of Wilson
and Co., Inc., at its 27 and Y Streets plant, Omaha, Nebraska, in the
units hereinabove found appropriate in the section entitled "Supple-
mental Findings of Fact," as their representatives for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, as amended, the said organizations are the exclusive representa-
tives of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment :
(a) International Union of Operating Engineers, Locals 38-38A,
A. F. of L., has been designated and selected by a majority of all
employees in Unit (a).
(b) Local 62, United Packinghouse Workers of America, C. I. 0.,
has been designated and selected by a majority of all employees in
Unit (b).
MEMBERS HOUSTON and MURDOCK took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.