Wilson & Co.

National Labor Relations Board - Board Decisions

May 28, 1943

49 N.L.R.B. 1296 (N.L.R.B. 1943)

N
In the Matter of WILSON'& COMPANY and. AMALGAMATED MEAT CUT-
TERS & BUTCHER WORKMEN OF NORTH AMERICA, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR, LOCAL 454.
Case No. R-5328.-Decided May 28, 1943,
Mr. Richard C. Winkler, of Chicago, Ill., for the Company.'
Mr. Fred Batcher, of St. Joseph, Mo., for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Meat Cutters & Butcher
Workmen of North America, affiliated with the American Federation
of Labor, Local #454, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of Wilson & Company, Atchison, Kansas, herein called
the Company, the National Labor Relations Board provided for an,
appropriate hearing upon due notice before Margaret L. Fassig,
Trial Examiner. Said hearing was held at Atchison, Kansas, on
May 11, 1943. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. f
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 Delaware corporation having its principal
office and place of business in Chicago, Illinois. It is engaged in the
purchase and slaughter of livestock and the processing, sale, and
distribution of meat and meat products at its plants which are located
throughout the United States. At the Atchison, Kansas, cplant,
49 N L. R. B., No. 188.
1296
WILSON & COMPANY 1297
which is the only plant herein involved; the Company. processes poui-
try and eggs. Approximately 1,000 cases of eggs per day are proc-
essed at this plant during the peak season which lasts from February
to October of each year.- During the year 1942, the plant processed
more than 500,000 pounds of poultry valued in excess of $75,000. The
total volume of sales of poultry and eggs at- the plant for the same
period amounted to more than $1,000,000, of which 80 percent was
transported and distributed to points outside the State of Kansas.
About 100 percent of the Company's production is for war contracts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters & Butcher Workmen of North Amer-
ica, Local #454, affiliated with the° American Federation of Labor,
is a labor organization admitting to membership employees of the
Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company,has refused.to, grant recognition to the Union as the
exclusive bargaining representative of its production and mainte-
nance employees until the Union has been certified by the Board.,
A statement of an agent of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties stipulated and we find , in substantial agreement there-
with, that ' all production and maintenance employees in the Com-
pany's Atchison , Kansas, plant , including working supervisors who
do not have authority to hire, discharge , or recommend such action,
but excluding supervisory employees having the right to hire and ,
discharge , or recommend such action , office personnel , the plant man-
ager, assistant plant manager , plant superintendent , and assistant
plant superintendent , constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act. -
' The Field Examiner reported that the Union submitted 103 application for membership
cards, all of which bore apparently genuine original signatures ; that the names of 87 persons
appearing on the cards were listed on the Company's pay roll of April 17, 1943, which con-
tained the names of 212 employees in the appropriate unit ; that all the cards with the
exception of one were dated in 1943.
9
1298 DECISIONS OF NAfrI'ONAL LABOR R'ELATTONSI BOARD
V. THE DETERMINATION OF REPRESENTATIVES ,
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay=
roll period immediately preceding the date of the, Direction of Elec-
tion herein, subject to the limitations and additions set forth in, the
Direction.
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 Re-
lations Act, and pursuant to Article, III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby C
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wilson & Com-
pany, Atchison, Kansas, an election by secret ballot shall be conducted
as,early as possible, but not later than thirty (30) days from the date
of this Direction, under the direction and supervision °of the Regional
Director for the, Seventeenth Region,'acting in this matter, as agent
for the National Labor Relations Board, and subject to Article III,
Section 10, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did" not work during said pay-roll
period because they were ill or on vacation' or temporarily laid off,*
and including, employees in the armed, forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause, to determine,
whether or not they desire to be represented by Amalgamated Meat
Cutters & Butcher Workmen of North America, Local $454, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining. _
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