Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

May 30, 1945

61 N.L.R.B. 1614 (N.L.R.B. 1945)

In 'the Matter Of WILSON & CO., INC. and UNITED PACKING1IOUSE
WORKERS OF AMERICA, LOCAL No. 62, C. I. O.
Case No. 17-R-1074.-Decided May 30, 1945
Mr. M. R. Swanson, of Chicago, Ill., and Mr. L. H. Fuqua, of
Omaha, Nebr., for the Company.
Messrs. Patrick Ratigan and Arthur E. Williams, both of Omaha,
Nebr., for the Union.
Miss Katharine Loomis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, Local No. 62, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Wilson & Co., Inc., Omaha, Nebraska, 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 Omaha, Nebraska, on
March 8, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the hearing the Company moved to dismiss the
petition. For reasons set forth in Section IV, infra, the motion is
denied. The Trial Examiner's rulings made at the hearing are free
from prejudicial 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
1. THE BUSINESS OF THE COMPANY
Wilson & Co., Inc., is a Delaware corporation having its principal
office and place of business in Chicago, Illinois. The Company is
engaged in the purchase and slaughter of livestock, and the processing,
61 N. L. R. B., No 251.
1614
WILSON & CO., INC. 1615
sale, and distribution of meat and meat products. This proceeding
is concerned only with the Company's Omaha, Nebraska, plant.
The total purchases of the Omaha plant during 1944 were valued in
excess of $500,000, of which approximately 40 percent was received
in interstate commerce. During the same year the sales of the Omaha
plant were valued in excess of $500,000, of which 50 percent or more
was made to points outside the State of Nebraska.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II: THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, Local No. 62 , affiliated
with the Congress of Industrial Organizations , is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the latter part of December 1944 the Union requested recog-
nition as the' collective bargaining representative of the plant-pro-
tection force at the Company's Omaha plant. In January 1945 the
Company denied this request.
A statement of a Board agent, introduced into evidence at the
hearing, 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 Union at the present time represents employees of the Com-
pany's Omaha plant in two separate units, one of production and
maintenance employeees and the other of restaurant employees. It
now seeks a unit comprised of the members of the Omaha plant's
plant-protection force, excluding the chief of police and the two
assistants to the chief of police. The Company contends that the
plant guards, who comprise the Company's plant-protection force,
are representatives of management and, consequently, should be de-
nied collective bargaining rights under the Act. The Company also
appears to take the position that, since the Union already represents
' The Trial Examiner reported that the Union submitted 10 membership cards, all of
which bore apparently genuine original signatures ; that the names of 9 persons appear-
ing on the cards were listed on the Company 's pay roll of March 3 , 1945, which con-
tained the names of 15 employees in the alleged appropriate unit ; and that the cards were
dated during October 1944 and January and February 1945.
1616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other employees in this plant, it cannot properly represent the plant-
protection employees.
The plant guards are not uniformed and are for the most part un-
armed, but they wear the insignia of the auxiliary military police
force, of which they are all members. Their duties are to require
identification of-persons entering the Company's premises, to watch for
fire hazards, and pull fireboxes, and to -report infractions of plant
rules prohibiting fighting, gambling, smoking, intoxication, and pil-
fering among the Company's production and maintenance employees.-
In reporting infractions of such rules it is the guard's duty to write a
memorandum to the chief of police describing the particular incident.
These reports are mere summaries of fact situations and the guards
have- no authority and are not expected to recommend whether dis-
ciplinary action should be taken against any employee who violates
the rules; nor after it has been decided that action should be taken
are they consulted regarding its nature. The Company's employment
manager accepts recommendations regarding applicants for employ-
ment from any of the employees in the plant, including the guards,
but all hiring of personnel must have his final approval. The Com-
pany's contention that the guards are "arms" of management is based
in large measure on the premise, clearly not borne out by the record,
that these employees make effective recommendations in regard to
hiring and discharging employees in the production and maintenance
unit. Contrary to the Company's position, however, the record clearly
demonstrates that the duties of these employees are merely monitorial,
being similar to those customarily performed by plant-protection em-
ployees.2 Moreover, the guards are paid by the Company, take their
directions from the chief of police, and their duties are substantially
the same as before they took their oath of allegiance to the United
States. Their militarization 'does not affect their status as employees
under the Act nor their right to collective bargaining. However, we
have recognized that it does distinguish them from other employees
to the extent that they should be placed in a unit separate from non-
militarized employees.3 For reasons which we have set forth in other-
decisions, we are of the opinion that the Company's plant-protection
employees constitute a separate appropriate unit and may be repre-
sented in such separate unit by' the same union which represents its
other employees.4
2 See Matter of Bethlehem Steel Company , 61 N. L. R. B 892; Matter of Bethlehem.
Fairfield Shipyard, Inc., 61 N. L. R. B. 901.
3 See Matter of Dravo Corporation, 52 N. L . R. B. 322 ; Matter of International Har-
vester Company, Milwaukee Works, 61 N. L. It. B. 912
4 See Matter of Chrysler Corporation, Highland Parks Plant, 44 N. L. It. B. 881 ; Matter of
Bohn Aluminum and Brass Corporation , 53 N L. It. B 231 ; Matter of Swift and Company,
58 N. L. It. B. 120 . See also Matter of Bethlehem Steel Company, supra, and Matter of
International Harvester Company, Milwaukee Works, supra.
WILSON & CO., INC. 1617
We find that all militarized plant-protection employees at the Com-
pany's Omaha, Nebraska, plant, excluding the chief of police, the two
assistants to the chief of police, and all other supervisory employees
with authority to hire, promote , discharge , discipline , or otherwise
effect changes in the status of employees , or effectively recommend
such action , constitute a uijit 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 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 Relations 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.,
Omaha, Nebraska , 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,
Sections 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 deter-
mine whether or not they desire to be represented by, United Pack-
inghouse Workers of America, Local No. 62 , C. I. 0., for the purposes
of collective bargaining.