Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

May 29, 1944

56 N.L.R.B. 1030 (N.L.R.B. 1944)

In the Matter of THE PROVISION COMPANY DIVISION OF WILSON & CO.,
INC. and AMALGAMATED MEAT. CUTTERS AND BUTCHER WORKMEN OF
NORTH AMERICA
Case No. 10-B-1169.-Decided May 29,1944
Mr. M. R. Swanson, of Chicago, Ill., and Mr. ZIT. E. Fliers, of Colum-
bus, Ga., for the Company.
Mr. Wilson W. Rowland and Mr. Howard Anthony, of Columbus,
Ga., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, herein called the Union, alleg-
ing, that a' question affecting commerce had arisen concerning the.
,representation of employees of The Provision Company Division of
Wilson & Co., Inc., Columbus, Georgia, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon clue notice before George S. Slyer, Trial Examiner.
Said hearing was held at Columbus, Georgia, on April 28, 1944. , The
Company and the Union appeared and participated. 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 preju-
dicial error and are hereby affirmed. All parties were afforded an
opportunity 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
The Company is engaged in the slaughter of livestock and the
processing of meat and meat food products. The Company's pur-
56 N. L. R. B., No. 183.
1030
THE PROVISION COMPANY DIVISION OF WILSON & CO., INC.1031
chases of livestock and supplies exceed $100,000 a year, 35 percent of
which is received from without the State of Georgia; a similar amount
of finished products is shipped out of that State.
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 and Butcher Workmen of North Amer-
ica, 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 certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit. , I '
A statement of a Board agent; introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number, 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 agree that the unit may consist of all production and
maintenance employees, excluding superintendents, foremen with au-
thority to hire or discharge, armed watchmen, and clerical employees.
The parties are unable to agree as to dock checkers and truck drivers,
the Union seeking to include them in the unit, and the Company
seeking to exclude them.
The dock checkers check outgoing shipments, and also load and drive
trucks. At least one checker also works as a mechanic at times.
While the Company would exclude dock checkers who spend their
entire time at that work, the record reveals that the Company does
not have any such category of employee at the present time. Since
the precise duties of any category would constitute one of the deter-
minative factors in our decision as to their inclusion or exclusion, we
shall make no finding at present concerning any full-time dock check-
ers whom the Company might employ in the future. We see no
1 The Field Examiner reported that the Union submitted 182 membership application cards
and that there are about 230 employees in,the alleged appropriate unit.
1032, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
reason for excluding from the unit the -dock checkers presently
employed.
The truck drivers are variously engaged in local, county, and long
distance, driving. At times they assist in loading and unloading
trucks, and in preparing future shipments, in the plant. No labor
organization other than the Union' seeks to represent these truck
drivers. We shall include them in the unit.
We find that all production and maintenance employees' of the
Company, including dock checkers and truck drivers, but excluding
armed watchmen, clerical employees, superintendents, foremen, and
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 an election by secret ballot, among the em-
ployees in the appropriate unit who were employed during the pay-i oll
period immediately preceding the .date of the Direction of Electron
herein, subject to the limitations and additions set forth in the
Direction.2
A dispute arose as to the supervisory status of Jack Ellis, Melvin
'Day, and C. G. Martin, with the Union asserting that they are not
supervisory employees and the Company assuming the contrary posi-
tion. These three individuals are foremen with authority to recoth-
mend changes in the status of employees under them. Consequently
they fall within our normal definition of supervisory employees, and,
are ineligible to participate 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 Relations Act,
and pursuant 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 The Provision
Company Division of Wilson & Co., Inc., Columbus, Georgia, an elec-
tion by secret ballot shall be conducted as early as possible, but not
2 The Union seeks the use of the April 28, 1944, pay roll as determinative of eligibility
to participate in the election we see nothing in the record requiring deviation from our
usual eligibility basis . The request is denied.
r
THE PROVISION COMPANY DIVISION OF WILSON & CO., INC.1033
1
later than thirty (30) days from the date of this Direction, under the
direction and supervision 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, 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 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, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.