Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Jan 25, 1946

65 N.L.R.B. 588 (N.L.R.B. 1946)

In the Matter Of WILSON & CO., INC. and AMALGAMATED MEAT CUTTERS
AND BUTCHER WORKMEN OF NORTH AMERICA (A. F. L.), LOCAL
No. 442
Case No. 10-If-16,37.Decided January 05, 1916
Mr. J. L. Cockrill, of Chicago, Ill., for the Company.
Mr. Wilson W. Rowland, of Memphis, Tenn., and Mr. I. P. Reagan,
of Atlanta, Ga., for the Union.
Mr. James Zett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Amalgamated Meat Cutters
and Butcher Workmen of North America (A. F. L.), Local No. 442,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Wilson &
Co., Inc., Cumming, Georgia, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Thomas Taylor Purdom, Trial Examiner. The hearing
was held at Cumming, Georgia, on October 22, 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 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 having its principal
offices and place of business in Chicago, Illinois. It operates approx-
imately 8 packing plants and approximately 90 branch houses and
produce plants throughout the United States.
65 N. L. R B , No. 100.
588
WILSON & CO.? INC. 589
This proceeding is concerned only with the Company's produce
plant at Cumming, Georgia, where the business of the Company is the
purchasing and slaughtering of poultry and the processing and dis-
tribution of dressed poultry. During the 12-month period preceding
the hearing, the Company at its Cumming plant purchased poultry
valued in excess of 1 million dollars. None of the poultry was pur-
chased outside the State of Georgia. During the same period other
raw material, consisting of boxes and coal, which comprises approxi-
mately 1 percent in value of the Cumming plant's purchases, was
shipped to its plant at Cumming, Georgia, from States other than the
State of Georgia. During the same period, the Company sold prod-
ucts, dressed poultry, valued in excess of 1 million dollars, of which
approximately 75 percent was shipped to points outside the State of
Georgia.
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
Amalgamated bleat Cutters and Butcher Workmen of North
America, Local No. 442 , is a labor organization , affiliated with the
American Federation of Labor, 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 its employees
at its Cumming, Georgia, plant until the Union has been certified by
the Board in an appropriate unit.
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
In substantial accord with an agreement of the parties, we find that
all employees of the Company at its Cumming, Georgia, plant, but
excluding executives, office and clerical employees, the supervisors
of receiving and feeding, 'packing, viscerating, and picking, and all
or any other supervisory employees with authority to hire, promote,
I
The Field Examiner reported that the Union submitted 74 application for membership
cards, and that there were approximately 140 employees in the alleged appropriate unit.
The cards were dated 66 in May 1045 , and 8 in September 1945.
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
discharge, 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 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.,
Cumming, 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, Sec-
tions 10 and 11, of said Rules and Regulations, among 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 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 Amal-
gamated Meat Cutters and Butcher Workmen of North America
(A. F. L.), Local No. 442, for the purposes of collective bargaining.