Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1508 (N.L.R.B. 1944)

In the Matter of WILSON & CO., INC. and AMALGAMATED MEAT
CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL #142,
A. F. of L.
Case No. 18-B-1002.-Decided June 104141
Mr. M. R. Swanson, of Chicago, Ill., for the Company.
Mr. Sam Twedell, of Sioux Falls, S. Dak., for the Union.
Mr. Louis Cokin,of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local #142, 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., Eagle Grove, Iowa, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Stephen M. Reynolds, Trial Examiner. Said hear-
ing was held at Eagle Grove, Iowa, on May 17, 1944. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity 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., All parties were afforded opportunity, to, file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT,
1. THE BUSINESS OF THE COMPANY
Wilson & .Co., Inc., is a Delaware corporation with its principal
offices at Chicago, Illinois. We are here concerned with its produce
plant and hatchery at Eagle Grove, Iowa. The Company purchases
for use at its hatchery about 40 to 50 tons of feed annually, all of which
56 N. L. R. B, No. 270. '
1508
WILSON, & CO., INC. 1509
is shipped to it from points outside the State of Iowa. All the
poultry and eggs processed at the produce plant are shipped to the
Company from points within the State of Iowa. Approximately 90
percent of all products processed at the plaint is shipped to points
outside the State of Iowa. The Company purchases 3 to 4 carloads
of wooden boxes annually for use at its produce plant, all of which
are shipped to it from points outside the State of Iowa.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act at its Eagle Grove
operations.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters'and Butcher Workmen of North Amer-
ica, Local #142, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 25, 1944, the Union requested the Company to recognize
it as exclusive bargaining representative of its employees at Eagle
Grove, Iowa. The Company refused this request until such time as the
Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hearing,
indicates that the Union represents a substantial number of employees
in the unit hereinafter found to be 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 Union urges that all employees of the Company at Eagle Grove,
Iowa, including hatchery employees and truck drivers , but excluding
supervisors , clerical employees, and the government inspector, con-
stitute an appropriateuriit. The only controversy with respect to the
unit concerns truck drivers , hatchery employees, and six alleged work-
ing foremen . The Union would include all such employees in the
unit, while the Company would exclude them.
The Company employs three truck drivers who are carried on its
,pay roll. They drive throughout the State of Iowa purchasing poultry
and eggs. The record indicates that the truck drivers frequently are
The Trial Examiner reported that the Union , submitted 51 membership application cards,
bearing apparently genuine -signatures of poisons whose names appear on the Company's
pay roll of April 27, 1944 . There aie approximately 86 employees in the appropriate unit.
1510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employed in the plant in addition to their driving activities. Under
the circumstances we shall include them in the unit.
The Company's hatchery is located about a block and a half from
its produce plant and is an integral part of the Company's Eagle
'Grove operations. The hatchery is under the supervision of the plant
manager and the hatchery employees are carried on the same pay roll
as the plant employees. Employees working at the hatchery do, so
only from February 1 to June 1 of each•year, and spell d"the remainder
of their time working at the plant. We shall include them in the unit.
The'Company has six employees 2 classified by it as foremen. They
are in charge,of various departments and have the authority to make
effective recommendations with respect to the hire and discharge ' of
their subordinates. We find that they are supervisory employees and,
as such, we shall exclude them from the unit.
We find that all employees at the Eagle Grove operations of the
Company, including hatchery employees and truck drivers, but ex-
cluding clerical employees, the government inspector, and all super-
visory employees ' with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the, status of employees, or
effectively recommend such action, constitute 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
,of Election 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. Rela-
tions Act, and pursu,tint to Article III, Section 9,,of National Labor
Relations Board Rules ,and Regulations-Series" 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wilson & Co.,
Inc., Eagle Grove; Iowa, an election by secret ballot shall be con-
ducted as early as possible, but,'not liter than thirty (30) , days from
the date of this. Direction, under the direction and supervision of the
-Regional Director for the Eighteenth Region, acting in this matter
I
2 Woodward , Hill, Wright , Clyde Pohlman , Summers, and `Brauman.
WILSON & CO., INC . - 15,11
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 of the Company 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 employees who have since quit or
been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they
desire to be represented by Amalgamated Meat Cutters and Butcher
Workmen of North America, Local #142, A. F. of L., for the purposes
of collective bargaining.
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