Wilson & Co.

National Labor Relations Board - Board Decisions

Apr 19, 1939

12 N.L.R.B. 319 (N.L.R.B. 1939)

In the Matter Of WILSON & Co. and UNITED MEAT WORKERS LOCAL
INDUSTRIAL UNION No. 635, AFFILIATED WITH THE COMMITTEE FOR
INDUSTRIAL ORGANIZATION
In the Matter Of WILSON & Co. and COMMITTEE FOR INDUSTRIAL
ORGANIZATION, ON BEHALF OF THE EMPLOYEES OF WILSON & CO.
In the Matter of GOTHAM HOTEL SUPPLY Co. and UNITED MEAT
WORKERS, L. I. U. 635, C. I. O.
Cases Nos. 8-929 to 8-936, inclusive
Meat Packing and Distributing Industry-Supplemental Decision : on further
hearing after motion by Union to modify appropriate unit found in original
Decision at one of company 's eight plants-Unit Appropriate for Collective
Bargaining : modified at one plant to exclude chauffeurs therefrom upon evi-
dence of representation by another labor organization-Election Ordered: em-
ployees in modified unit at one plant-Certification of Representatives.
Mr. Albert Ornstein, for the Board.
Liebman, Robbins, Pressman, c Leider, Esqs., by Mr. Harold I.
Cammer, for the United.
Mr. Guy Farmer, of counsel to the Board.
SUPPLEMENTAL AND AMENDED DECISION
AND
SECOND AMENDMENT TO DIRECTION OF ELECTIONS
April 19, 1939
On November 4, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision, Certification of Representatives,
and Direction of Elections in the above-entitled consolidated cases.,,
In its Decision the Board found that the processing and operative em-
ployees of the Company in each of the eight plants involved therein,
including chauffeur luggers, scalers, shipping clerks, cutters, egg han-
dlers, sausage workers, and ham workers, and excluding supervisory
employees, clerical employees, salesmen, and schoctim, constituted
separate and distinct units appropriate for the purposes of collective
bargaining. In its Certification of Representatives the Board certified
the United Meat Workers Local Industrial Union No. 635, herein
called the United, as the exclusive representative of all the employees
19NLRB650
12 N. L. R. B., No. 41
319
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in such unit in six of the eight plants for the purposes of collective
bargaining, and in its Direction of Elections directed that separate
elections be conducted among the employees in such unit in each of
the two remaining plants, the 161 2nd Street, Mineola, plant and the
Gotham Hotel Supply Co. plant, respectively, to determine whether
or not such employees desired to be represented by the United for
the purposes of collective bargaining.
On November 15, 1938, the United filed with the Board a motion
to modify the Decision, Certification of Representatives, and Direc-
tion of Elections by excluding chauffeurs from the unit found to be
appropriate at the Gotham Hotel Supply Company plant. On Novem-
ber 19, 1938, the Board amended its Direction of Elections 2 to pro-
vide that the election at the Gotham Hotel Supply Co. plant be con-
ducted at such time as the Board might in the future direct. There-
after, on December 7, the Board issued an order reopening the record
and directing that a further hearing be held for the purpose of taking
additional evidence relative to the issues raised by the motion filed
by the United.
On January 10, 1939, pursuant to the above order, the Regional
Director for the Second Region (New York City) issued a notice of
hearing, copies of which, together with copies of the order reopening
the record, were served upon the Company and upon the United. The
said Regional Director thereafter issued a notice of postponement,
pursuant to which a hearing was held on February 6, 1939, at New
York City, before Howard Myers, the Trial Examiner duly designated
by the Board. The Board and the United were represented by counsel
and participated in the hearing. The Company did not appear at
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. At the close of the hearing the United
moved to modify the Decision, Certification of Representatives, and
Direction of Elections herein to exclude chauffeurs from the appro-
priate unit at the Gotham Hotel Supply Co. plant. The Trial Ex-
aminer made no ruling on this motion. For the reasons hereinafter
set forth, the motion is hereby granted. During the course of the
hearing th" ll Examiner made several rulings on motions. The
Boy- 'ed these rulings and finds that no prejudicial errors
The rulings are hereby affirmed.
wn.soN & CO. 321
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL AND AMENDED FINDINGS OF FACT
1. THE APPROPRIATE UNIT
In our original Decision we included chauffeur luggers in the appro-
priate unit at each of the eight plants of the Company, including the
Gotham Hotel Supply Co. plant, on the basis of a stipulation to that
effect between the United and the Company. It appears from the
records of both hearings that the duties of a chauffeur lugger entail
carrying or "lugging" meats between various points in the plant as
well as operating a delivery truck. Evidence adduced at the further
hearing reveals, however, that there are no chauffeur luggers employed
at the Gotham Hotel Supply Co. plant, the chauffeurs at that plant
being engaged exclusively in loading, unloading, and driving their
respective trucks. It also appears from the testimony of Herman
Hoffman and John Cash, United organizer and president of Interna-
tional Association of Teamsters, Local No. 816, respectively, not only
that the chauffeurs employed at this particular plant are ineligible
for membership in the United but also that such employees are mem-
bers of International Association of Teamsters, Local No. 816, and
that the latter union has an oral agreement with the Company recog-
nizing it as the bargaining agent for such employees. Under these
circumstances, we believe that the full benefit of the right of the em-
ployees to self-organization and to collective bargaining will best be
insured by excluding chauffeurs from the appropriate unit at the
Gotham Hotel Supply Co. plant, and we hereby modify the findings
of fact in our original Decision in that respect.
We find that the processing and operative employees of the Com-
pany at its Gotham Hotel Supply Co. plant, including scalers, ship-
ping clerks, cutters, egg handlers, sausage workers, and ham workers,
and excluding supervisory employees, clerical employees, salesmen,
schoctim, and chauffeurs , constitute a separate unit appropriate for
the purposes of collective bargaining, and that said unit will insure to
employees of the Company at said plant the full benefit of their right
to self-organization and to collective bargaining and otherwise effectu-
ate the policies of the Act.
II. THE DETERMINATION OF REPRESENTATIVES
In our original Decision we found that there were 11 employees
in the unit which was then held to be appropriate at the Gotham
Hotel Supply Co. plant. At the supplemental hearing, James P.
Connolly, a representative of the Company, stated that the aforesaid
11 persons were still employed at that plant together with one addi-
322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional employee, a meat cutter, who was hired after the first hearing,
and who is properly included in the appropriate unit as herein modi-
fied. The records of both hearings reveal that 5 of these 12 employees
are chauffeurs, leaving a total of 7 employees in the unit which we
now find appropriate. It appears from evidence introduced at the
first hearing that in October 1937, 4 of these 7 employees signed cards
designating the United as their representative for the purposes of
collective bargaining. In view of the considerable lapse of time be-
tween the date of such membership cards and this Decision, however,
we are of the opinion that the question concerning the representation
of employees of the Company at its Gotham Hotel Supply Co. plant
can best be resolved by the holding of an election by secret ballot to
determine whether or not the employees in the appropriate unit in
said plant desire the United to represent them. The employees in the
appropriate unit at such plant employed during the last pay-roll
period next preceding the date of this Direction shall be eligible
to vote.
Upon the basis of the above supplemental findings of fact and
upon the entire record in the case, the Board hereby withdraws para-
graph 2 of the Conclusions of Law in the original Decision, in so far
as it relates to the Gotham Hotel Supply Co. plant, and makes the
following :
SUPPLEMENTAL AND AMENDED CONCLUSION OF LAW
The processing and operative employees of the Company in its
Gotham Hotel Supply Co. plant, including scalers, shipping clerks,
cutters, egg handlers, sausage workers, and ham workers, and exclud-
ing supervisory employees, clerical employees, salesmen, schoctim,
and chauffeurs, constitute a separate unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
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 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Wilson & Co., with respect to its Gotham Hotel Supply Co.
plant, New York City, an election by secret ballot shall be conducted
within fifteen (15) days from the date of this Direction, under the
WILSON & CO. 323
direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the processing and operative employees of the
Company employed during the last pay-roll period next preceding the
date of this Direction at its Gotham Hotel Supply Co. plant, including
scalers, shipping clerks, cutters, egg handlers, sausage workers, and
ham workers, and excluding supervisory employees, clerical employees,
salesmen, schoctim, chauffeurs, and those who will have since quit or
been discharged for cause, to determine whether or not such employees
desire to be represented by United Meat Workers Local Industrial
Union No. 635, for the purposes of collective bargaining.
Mr. EDWIN S. SMITH took no part in the consideration of the above
Supplemental and Amended Decision and Second Amendment to
Direction of Election.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
May 25, 1939
On November 4, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Certification of Representatives,
and Direction of Elections in the above-entitled proceedings. On
November 19, 1938, the Board issued an Amendment to Direction of
Elections, and on April 19, 1939, issued a Supplemental and
Amended Decision and Second Amendment to Direction of Elections.
The Second Amendment to Direction of Elections directed that an
election by secret ballot be conducted among the processing and
operative employees of Wilson & Co. employed during the last pay-
roll period next preceding the date of the Direction at its Gotham
Hotel Supply Co. plant, including scalers, shipping clerks, cutters,
egg handlers, sausage workers, and ham workers, and excluding
supervisory employees, clerical employees, salesmen, schoctim, chauf-
feurs, and those who had since quit or been discharged for cause, to
determine whether or not such employees desired to be represented by
United Meat Workers Local Industrial Union No. 635, for the pur-
poses of collective bargaining.
On April 25, 1939, the Company filed its exceptions to the Supple-
mental and Amended Decision and Second Amendment to Direction
of Elections. The Board has considered said exceptions and finds
them to be without merit.
169134-39-vol. 12-22
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Direction of Elections, as amended, an election by
secret ballot was conducted on April 28, 1939, under the direction and
supervision of the Regional Director for the Second Region (New
York City). On May 1, 1939, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued and duly served upon
the parties an Intermediate Report on the Election.
As to the balloting and its results, the Regional Director reported
as follows:
Total number eligible to vote --------------------------------- 7
Total number of ballots cast -------- ------------------------ 7
Total number of ballots counted____________ _________________ 7
Total number of votes in favor of United Meat Workers Local
Industrial Union No. 635_____ _____________________________ 5
Total number of votes against United Meat Workers Local
Industrial Union No. 635____________________ ______________ 2
Total number of blank ballots________________ ______________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots____ ______________________ 0
Objections to the Intermediate Report were duly filed by the Com-
pany. The Regional Director has not found that the objections raised
any substantial and material issues with respect to the conduct of
the ballot or to the Intermediate Report. The Board has also con-
sidered the said objections and finds that no substantial and material
issues with respect to the conduct of the ballot or to the Intermediate
Report are raised thereby.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS FIEREBY CERTIFIED that United Meat Workers Local Industrial
Union No. 635 has been designated and selected by a majority of
the processing and operative employees of Wilson & Co. at its Gotham
Hotel Supply Co. plant, including scalers,. shipping clerks, cutters,
egg handlers, sausage workers, and ham workers, and excluding
supervisory employees, clerical employees, salesmen , schoctim, and
chauffeurs, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, United Meat
Workers Local Industrial Union No. 635 is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.
12 N. L. R. B., No. 41a.