Wilson & Co.

National Labor Relations Board - Board Decisions

Apr 24, 1942

40 N.L.R.B. 816 (N.L.R.B. 1942)

In the Matter Of WILSON & COMPANY and MOTOR TRANSPORT AND
ALLIED SERVICE WORKERS LOCAL UNION No. 400, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-3563.-Decided April 24, 19429
Jurisdiction : meat distributing industry
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition; conflicting claims of rival representatives;
election necessary.
Unit Appropriate for Collective Bargaining : all truck drivers, warehousemen,
egg candlers, sausage workers, produce handlers, boners, and cutters at the
Miami branch office of the Company, excluding managerial and supervisory
employees, office employees, salesmen, foremen, assistant foremen, candling
clerks, the engineer, and watchmen ; agreement as to.
Mr. John C. McRee, for the Board.
Mr. Paul Ware, of Chicago, Ill., for the Company.
Mr. Anthony Florio and Mr. Kenneth L. Zink, of Miami, Fla.,
for the C. I. O.
Mr. Ivan Young, of Miami, Fla., for the Amalgamated.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 12, 1941, Motor Transport and Allied Service
Workers Local Union No. 400, affiliated with the Congress of Indus-
trial Organizations, herein called the C. I. 0., filed with the Regional
Director for the Fifteenth Region (New Orleans, Louisiana), a
petition, and on November 19, 1941, an amended petition, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Wilson & Company, Miami, Florida, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On No-
vember 25, 1941, the National Labor Relations Board, herein ca] led
40 N. L. R. B., No. 143.
816
WILSON & COMPANY 817
the Board , acting pursuant to Article III, Section 10 (c) (3), of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , ordered this proceeding transferred to its Tenth Region
(Atlanta, Georgia ). On February 12, 1942, the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On February 13, 1942, the Regional Director for the Tenth Region
issued a notice of hearing , copies of which were duly served upon the
Company and the C. I. O. and upon Amalgamated Meat Cutters &
Butcher Workmen of North America, herein called the Amalgamated,
a labor organization claiming to represent employees directly affected
by the investigation . Pursuant to notice , a hearing was held on Feb-
ruary 21 , 1942, at Miami, Florida, before Alexander Wilson, Jr.,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Board , the Company , the C. I. 0., and the Amalgamated were
represented and participated in the hearing. Full opportunity to be
heard, to examine and cross -examine witnesses , and to introduce evi-
dence bearing on the issues was afforded all parties . At the close of
the hearing , counsel for the Company moved to dismiss the petition.
The Trial Examiner reserved his ruling . The motion is hereby de-
nied. During the course of the hearing the Trial Examiner made sev-
eral rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed . The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wilson & Company is a New Jersey corporation with its principal
offices at Chicago , Illinois. At its wholesale meat branch house at
Miami, Florida , with which we are here concerned, the Company is
engaged in the business of selling and distributing meat, meat food,
and poultry products . During 1942 the Company sold over 15,000,000
pounds of food products at its Miami branch office, approximately 90
percent of which was shipped to it from points outside Florida. The
Company sells products at its Miami branch office valued at about
$2,500,000 annually, approximately all of which is sold within Florida.
I
455771-42-vol 40 52
818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Motor Transport and Allied Service Workers Local Union No. 400,
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
Amalgamated Meat Cutters & Butcher Workmen of North America
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
During August or September 1941, the C. I. O. and the Amalgam-
ated each claiming to represent a majority of the Company's em-
ployees at its Miami branch office, requested the Company for exclusive
recognition. The requests were denied. A statement of a representa-
tive of the Regional Director, introduced into evidence at the hearing,
shows that the C. I. O. and the Amalgamated each represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF TIIE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has'
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing 'commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
-The Company, the C. I. 0., and the Amalgamated agree, and we
find, that all truck drivers, warehousemen, egg candlers, sausage
workers, produce handlers, boners, and cutters at the Miami branch
office of the Company, excluding managerial and supervisory em-'
ployees, office employees, salesmen, foremen, assistant foremen (in-
cluding boning foremen, sausage foremen, egg candling foremen,
'The report indicates that the C I. 0 presented 18 membership application or author-
ization cards bearing apparently genuine signatures . Ile further reported that the
Amalgamated presented 9 membership application cards bearing apparently genuine sig-
natures. There are approximately 32 employees in the unit hereinafter found to be
appropriate
WILSON & COMPANY 819
head shipper, assistant shipper, head night shipper, and assistant
night shipper ), clerks, the engineer , and watchmen , constitute a unit
appropriate for the purposes of collective bargaining . We further
find that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise will effectuate the policies ' of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation -- which has
arisen can best be resolved by means of an election by secret ballot.
We shall direct that the employees eligible to vote in the election shall
be those within the appropriate unit who were employed during the
pay-roll period immediately preceeding the date of the Direction of
Election herein , subject to the limitations and additions set forth in
the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting coinnierce has arisen concerning the repre-
sentation of employees at the Miami branch office of Wilson & Coin-
pany, Miami , Florida, within the meaning - of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All truck drivers , warehousemen , egg candlers , sausage workers,
produce handlers , boners, and cutters at the Miami branch office of
the Company, excluding managerial and supervisory employees, office
employees , salesmen, foremen, assistant foremen (including boning
foremen, sausage foremen, egg candling foremen, head shipper,
assistant shipper, head night shipper, and assistant night shipper),
clerks , the engineer, and watchmen , constitute a unit appropriate for
the purposes of collective bargaining , within the meaning of Section
9 (b) of the 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Wilson & Company, Miami, Florida , an election`by secret ballot
820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'r -
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction , under the direction and supervi-
sion of the Regional Director for the Tenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations , among all
truck drivers, warehousemen, 'egg candlers, sausage workers, produce
handlers, boners , and cutters at the Miami branch office of the Com-
pany who were employed during the pay-roll period immediately
preceding the date of this, Direction, including employees who did
not work during such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding managerial and super-
visory employees , office employees , salesmen, foremen , assistant fore-
men (including boning foremen, sausage foremen, egg candling fore-
men, head shipper, assistant shipper, head night shipper, and assist-
ant night shipper ), clerks, the engineer , watchmen , and employees
who have since quit or been discharged for cause , to determine
whether they desire to be represented by Motor Transport and Allied
Service Workers Local Union No. 400, affiliated with the Congress
of Industrial Organizations, or by Amalgamated Meat Cutters &
Butchers Workmen of North America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.