Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

May 8, 1945

61 N.L.R.B. 1015 (N.L.R.B. 1945)

In the Matter of WILSON & Co., INC. and AMALGAMATED MEAT CUTTERS
& BUTCHER WORKMEN OF NORTH AMERICA, LOCAL No. 442,
A. F. OF L.
Case No. 10-R-442.-Decided May S, 1945
Mr. M. R. Swanson, of Chicago, Ill., and Mr. R. C. Tkeon, of
Atlanta, Ga., for the Company.
Mr. I. P. Reagan, of Atlanta, Ga., for the Amalgamated.
Mr. G. E. Boone, of Atlanta, Ga., for the United.
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 & Butcher
Workmen of North America, Local No. 442, A. F. of L., herein called
the Amalgamated, alleging that a question affecting commerce had
arisen concerning the representation of employees of Wilson & Co.,
Inc., Atlanta, Georgia, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Albert D. Maynard, Trial Examiner. Said hearing was held
at Atlanta, Georgia, on April 23, 1945. During the course of the
hearing, the Trial Examiner granted a motion of United Packing-
house Workers of America, C. I. 0., herein called the United, to
intervene. The Company, the Amalgamated, and the United ap-
peared, participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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
I. THE BUSINESS OF THE COMPANY
Wilson & Co., Inc., is a Delaware corporation operating a plant at
Atlanta, Georgia, where it is engaged in the packing and processing
61 N. L. R. B., No. 171. 1015
1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of meats and the sale of soap, eggs, cheese, and poultry. During the
12-month period ending October 30, 1944, the Company purchased
products for use at its Atlanta plant valued in excess of $500,000, 90
percent of which was shipped to it from points outside the State of
Georgia. During the same period the Company sold products valued
in excess of $600,000, all of which was delivered to points within the
State of Georgia.
We find, contrary to the contentions of the Company, that it is
engaged in commerce at its Atlanta plant within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Packinghouse Workers of America 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,
Local No. 442, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
III. THE 'QUESTION CONCERNING REPRESENTATION
On February 27, 1945, the Amalgamated requested the Company to
recognize it as the exclusive collective bargaining representative of the
employees at the Atlanta plant. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Amalgamated and the
United each 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
We find, in agreement with the parties, that all employees at the
Atlanta, Georgia, plant of the Company, including truck drivers, but
excluding sales employees, office and clerical employees, 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.
1 The Field Examiner reported that the Amalgamated and the United presented 29 and
24 authorization cards, respectively. There are approximately 60 employees in the appro-
priate unit.
WILSON & CO., INC.
V. THE DETERMINATION OF REPRESENTATIVES
1017
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 pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, 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., Atlanta , Georgia, 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 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 dur-
ing said pay -roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls , but ex-
,eluding 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 they desire to be represented by United Pack-
inghouse Workers of America, C . I. 0., or by Amalgamated Meat
Cutters & Butcher Workmen of North America , Local No. 442, A. F.
of L., for the purposes of collective bargaining , or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.