Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1091 (N.L.R.B. 1945)

In the Matter of WILSON & CO., INC . and UNITED PACKINGHOUSE
WORKERS OF AMERICA, C. I. O.
Case No. 17-R-1210 .-Decided November 09, 1945
Mr. H. L. Burns, of Kansas City, Kans., for the Company.
Mr. Leslie Grear, of Kansas City, Mo., for the Union.
Miss Margaret M. Farmer, 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, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Wilson & Co., Inc., Kansas City, Kansas, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Elmer L. Hunt, Trial Exam-
iner. The hearing was held at Kansas City, Missouri, on September
17, 1945. 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 Company moved to dismiss the petition on the ground
that the unit petitioned for is not appropriate within the meaning
of the Act. For the reasons hereinafter stated, this 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 with its main offices
in Chicago, Illinois. The Kansas City plant, located at Kansas City,
Kansas , is the only plant involved in this proceeding. At its Kansas
City plant, the Company purchases and slaughters livestock and
64 N. L . R. B., No. 181. 1091
1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
processes, sells, and distributes meat and meat products. During the
year 1944 the Kansas City plant's sales of finished products exceeded
$1,000,000 in value, more than 50 percent of which was shipped to
points outside the State of Kansas.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse' Workers of America, affiliated with the Con-
gress of Industrial Organizations, 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 its guards, until the Union has
been certified by the Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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
le
The Union, now representing the Kansas City plant's production
and maintenance employees, seeks a separate unit of guards,2 excluding
the two chief guards, Raymond Ballende and Ora Martindale, who the
Company agrees are supervisory employees within the meaning of our
customary definition. The guards are armed, uniformed, and mili-
tarized and perform the functions normally associated with-their
position. They guard the plant against sabotage, check all persons and
vehicles entering and leaving the plant, check on fire equipment, and
enforce company rules and regulations. The guards are employed and
paid by the Company.
The Company contends that the guards cannot properly be included
in any unit, or indeed be represented by a union because they are mili-
tarized and because they are allied to management in the performance
1 The Regional Director reported that the Union submitted 10 membership cards, all of
which bore the names of persons listed on the Company's pay roll, which contained the
names of 24 employees in the appropriate unit ; and that the cards were dated August
1945 One card, dated August 1945, was submitted to the Trial Examiner during the
hearing.
2 Guards were also referred to in the record as watchmen.
WILSON & CO., INC. 1093
of their duties. We have considered both these contentions in numer-
ous recent cases involving militarized guards with substantially similar
duties and have found them to be without merit 3
The Company also contends that the guards cannot properly be
represented by the same union which represents the production and
maintenance employees. But the Union is here,seeking to represent
these employees in a separate unit, in accordance with our established
requirements; consequently, as in other cases, we reject this contention 4
The Union requests the inclusion of Charles Agee, the chief of the
sanitary squad. This employee supervises the night sanitary squad of
workers in all the buildings. Agee is paid by the week, receives the
same weekly wage as the guards, and is carried, as are the guards,
on the "watch department" pay roll. He has the authority effec-
tively to recommend the hiring and discharging of 35 sanitary employ-
ees who work under his direction and control. He spends less than
20 percent of his time in manual labor and more than 60 percent of
his time in his duties as a supervisory official. He lays out, directs,
and assumes responsibility for the performance of the work of these
35 employees. He will be excluded from the unit.
We find that all guards of the Company at its Kansas City, Kansas,
plant, excluding chief guards, chief of the sanitary squad, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employ-
ees, or effectively recommend such action, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 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.
3Matter of The B. F. Goodrich Company , 62 N. L R. B 206 ; Matter of General Motors
Corporation, Packard Electric Division, 62 N L. R. B 174 ; Matter of National Lead Com-
pany, Titanium Division, 62 N. L R . B. 107 ; Matter of Sealed Power Corporation, 61
N. L It B 1639 , Matter of Pullman-Standard Car Manufacturing Company , 61 N L R. B.
1398; Matter of International Harvester Company, Milwaukee Works, 61 N. L R B. 912;
Matter of The Babcock & Wilcox Company , 61 N. L. R B. 529 ; Matter of The Colorado
Fuel and Iron Corporation, Minnequa Works, 63 N L R. B. 1049 ; Matter of Bendix Radio
Division of Bendix Aviation Corpoiation, 63 N L R B 1265.
4 Matter of Drove Corporation , 52 N L R B. 322 , Matter of Bethlehem Steel Company, 61
N. L R B. 892; International Harvester Company , Milwaukee Works , Cl N. L . R. B. 912;
Bethlehemi -Fairfield Shipyard, Inc, et at, 61 N. L. R. B. 901.
1094 MCISIONS OF NATIONAL LABOR RELATIONS 130ARt
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.,
Kansas City, Kansas, an election by secret ballot shall be conducted
as early as possible, but not later than sixty ( 60) 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 employ-
ees 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
those 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 United
Packinghouse Workers of America, C. I. 0., for the purposes of col-
lective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.