Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Oct 5, 1943

52 N.L.R.B. 1179 (N.L.R.B. 1943)

In the Matter Of WILSON & CO., INC. and INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL 955,
A. F. OF L.
Case No. 17-R-717.-Decided October 5,1943
Mr. M. R. Swanson, of Chicago, Ill., for the Company.
Mr. Lee Quisenberry, of Kansas City, Mo., for the Union.
Mr. Louis Colvin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood Qf Teamsters,
Chauffeurs, Warehousemen & Helpers, Local 955, A. F. of L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Wilson & Co.,
Inc., Kansas City, 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 Kansas City, Kansas, on September 10, 1943. The Company
and the Union appeared at and participated in the hearing.' 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 prej-
udicial error and are hereby affirmed. All parties were afforded op-
portunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wilson & Co., Inc., is a Delaware corporation with its principal
office at Chicago, Illinois. We are here concerned with its plant at
Kansas City, Kansas. During its fiscal year ending October 31, 1942,
'Although Packinghouse Workers Organizing Committee was served with notice of
hearing, it did not appear.
52 N. L. R. B., No. 193. / . 1179
1180 , P'FCI'SIONS OF NATIONAL LABOR RELATIONS BOARD
the Company sold finished products from its Kansas City, Kansas,
plant valued in excess of $500,000, over 50 percefit of which was shipped
to points outside the State of Kansas. The Company admits that it is
engaged in commerce within the meaning of the National Labor Re-
lations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers, Local 955, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 20, 1943, the Union requested the Company to recognize
it as exclusive collective bargaining representative of the chauffeurs
at the Kansas City, Kansas, plant. The Company refused this request.
A statement of a Field Examiner of the Board, introduced ' into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate 2
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
We find, in substantial agreement with a stipulation of the parties,
that all chauffeurs at the Kansas City, Kansas, plant of the Company
who are engaged in the delivery of meat and meat food products,
excluding clerical employees, mechanics, - mechanics helpers, car
washers, painters, and all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees ,in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
2 The Field Examiner reported that the Union submitted 9 application-for-membership
cards bearing, apparently genuine signatures of persons whose names appear on the
September 1, 1943, pay roll of the Company. There are 17 employees in the appropriate
unit.
WILSON & CO., INC. 1181
of Election herein, subject to the limitations and additions set forth
in the Direction. -
The parties are in dispute with respect to the eligibility of Fred
Grousberger. Up to 3 months before the hearing Grousberger was
employed as a full-time chauffeur. However, at that time he was
made a mechanic's helper because of -a temporary shortage of the
latter class of employees. He works as a chauffeur and mechanic at
the present time and is paid the same rate as the chauffeurs. It ap-
pears that he will resume his duties as a full-time chauffeur as soon
as the Company is able to secure an additional mechanic. Under
the circumstances, we find that Grousberger is eligible to vote in the
election.
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 .
DIRECTED that as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wilson & Co.,
Inc., Kansas City, Kansas, an election by secret ballot shall be con-
ducted 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, Sections 10 and 11, 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Brotherhood of Teamsters, ` Chauffeurs, Warehousemen &
Helpers, Local 955, affiliated with the American Federation of Labor,,
for the purposes of collective bargaining.