Armour and Co.

National Labor Relations Board - Board Decisions

May 17, 1940

23 N.L.R.B. 931 (N.L.R.B. 1940)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL INDUSTRIAL UNION No. 347, OF PACK-
INGHOUSE WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH C. I. O.
Case No. R-1890.Decided May 17, 1940
Refrigerator and Railroad Car Belldinq and Maintenance Industry-Investiga-
tion of Representatives : controversy concerning representation of employees ;
company refuses to recognize union until certified , by Board-Unit Appropriate
for Collective Bargaining : hourly paid and piece -work production and mainte-
nance employees , excluding foremen, supervisory employees , watchmen, and
clerical and office employees ; piece-work checkers and fire marshal included-
Election Ordered: eligibility to vote determined by pay roll dated one day
prior to date of hearing.
Mr. Robert R. Rissman, for the Board.
Mr. Walter C. Kirk, of Chicago, Ill., for the Company.
Mr. John J. Brownlee and Mr. Herbert March, both of Chicago,
Ill., for the Union.
Mr. J. H. Krug, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 12, 1940, United Packinghouse Workers of America, Local
Industrial Union No. 347, of Packinghouse Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
herein called the Union, filed With the Regional Director for the
Thirteenth Region (Chicago, Illinois) an amended petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Armour and Company, Chicago, Illinois,
herein called the Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On April
19, 1940, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
23 N. L R. B, No. 97.
931
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On April 23, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice a hearing was held on May 2, 1940, at Chicago,
Illinois, before Berdon M. Bell, the Trial Examiner duly designated
by the Board. The Board, the Company, and the Union were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour and Company, an Illinois corporation, having its prin-
cipal office and place of business in Chicago, Illinois, directly and
through subsidiaries operates approximately 30 meat-packing plants
located in some 23 States; about 300 wholesale meat-distributing
houses throughout the United States ; and, at various points through-
out the United States, fertilizer-manufacturing plants, tanneries, oil
refineries, shortening, manufacturing plants, creameries, poultry-
slaughtering and egg-breaking plants.
In connection with its business the Company owns or leases more
than 5,000 refrigerator and stock cars used to transport fresh meats,
poultry, butter, eggs, and other perishable food products as well as
livestock, and operates car shops for the purpose of repairing, paint-
ing, and otherwise maintaining the cars so employed in its business.
This proceeding is concerned with the Company's car shops in Chi-
cago, Illinois, which are referred to herein as the Chicago car shops.
In rebuilding, repairing, and maintaining cars at the Chicago car
shops the Company purchases various raw materials such as lumber,
wheels, steel frames, parts, fittings, and paint. For the fiscal year
ending October 28, 1939, the value of such purchases was in excess
of $400,000. Approximately 60 per cent of the materials so purchased
were transported to the Chicago car shops from places outside the
State of Illinois. The railroad cars rebuilt, repaired, and maintained
at the Chicago car shops are moved and transported to places outside
the State of Illinois in interstate commerce.
Approximately 360 persons are normally employed at the Chicago
car shops and of this number approximately 328 are engaged in
production and maintenance work.
ARMOUR AND COMPANY
II. THE ORGANIZATION INVOLVED
933
United Packinghouse Workers of America, Local Industrial Union
No. 347, of Packinghouse Workers Organizing Committee, is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated March 11, 1940, the Union requested that the Com-
pany recognize it as the exclusive bargaining representative for
employees at the Chicago car shops in an appropriate unit. The
Company subsequently advised the Union that it would not recognize
it as exclusive bargaining agency or bargain collectively with it in
the absence of certification by the Board.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing it was stipulated that the appropriate unit should
consist of all hourly paid and piece-work production and lnainte-
nance employees of the Company, engaged in the repair, maintenance,
and building of railroad and refrigerator cars at the Chicago car
shops, excluding foremen, supervisory employees, watchmen, and
clerical and office employees. There was introduced in evidence a
pay-roll list showing the names and classifications of all employees
at the Chicago car shops as of May 1, 1940. It was stipulated by
the Union and the Company that certain employees listed on that
pay roll should be excluded from the unit because they fall within
the classes of employees excluded by stipulation. These employees
are listed in Appendix A hereto.
The Union desires to exclude from the unit, and the Company
to include, L. Nelson and S. Simenkowski. These two employees
are piece checkers. When a car is sent to the Chicago car shops for
repairs, the car is inspected by a piece-work checker, who notes down
on a card the repairs which are necessary. The card is attached to
283034-41-vol 23--60
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the car and the work is subsequently done by truck hands or car-
penters under the direction of a foreman. When the work is com-
pleted the piece-work checker again inspects the car to see if the
repairs have been properly made. When a checker inspects a car
after it has been repaired and finds that additional work is necessary,
the foreman may disagree with him and refuse to order the additional
work. In the course of his work the checker uses various gauges
in order to determine whether repairs are needed. He carries a
flashlight and gets in under the cars in the course of his work. The
general superintendent of the Chicago car shops testified that the
piece-work checkers are skilled mechanics. They are paid by the
week and their pay is approximately equal to that of the highly
paid carpenters and truck hands but less than that of the foremen.
Upon all the evidence we find that Nelson and Simenkowski should
be included in the unit.
The Union desires to exclude, and the Company to include, August
Schlief, the fire marshal. Schlief is in charge of the Company's
fire-fighting equipment. He tests and refills the fire extinguishers.
In the event of a fire, he and the master mechanic would be in charge
;of, the 'fire-fighting equipment and the men who might be handling
it. Schlief inspects the buildings after the foremen have left in
order to detect fire hazards. He is also charged with the duty of
seeing that the drains which carry off the water used in washing the
cars are kept open, and when a drain becomes clogged he uses a
rod to poke away the obstruction. Schlief is paid by the hour, and
his rate of pay and hours of work are approximately equal to those
of other employees. We find that Schlief should be included in
the unit.
We find that all hourly paid and piece-work production and
maintenance employees of the Company, engaged in the repair, main-
tenance, and building of railroad and refrigerator cars at the Com-
pany's Chicago, Illinois, car shops, excluding foremen, supervisory
employees, watchmen, and clerical and office employees, and exclud-
ing specifically the employees listed in Appendix A hereto, constitute
a unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Prior to the hearing the Union submitted to the Regional Director
evidence of recent designation as representative for the purposes of
collective bargaining by a substantial number of employees of the
Company working at the Chicago car shops. The Union asks that an
election be held. We find that the question concerning representation
ARMOUR AND COMPANY 935
which has arisen can best be resolved by means of an election by secret
ballot.
The Union requests that the pay-roll list as of May 1, 1940, be used
to determine eligibility to vote. The Company agrees to the use of
this pay-roll list for determining eligibility provided the election is
held within 30 days from the date of the hearing. The record indicates
,that employment at the car shops is stable.. We shall direct that the
May 1, 1940, pay roll be used to determine eligibility to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Armour and Company, Chicago, Illinois,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2.• All hourly paid and piece-work production and maintenance
employees' of the Company, engaged in the repair, maintenance, and
building of railroad and refrigerator cars at the Company's Chicago,
Illinois, car shops, excluding foremen, supervisory employees, watch-
men, and clerical and office employees, and excluding specifically the
employees listed in Appendix A hereto, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Armour and Company. Chicago, Illinois, 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 of Election, under the direc-
tion and supervision of the Regional Director for the Thirteenth
Region, acting'in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions, among all hourly paid and piece-work production and mainte-
nance employees of the Company, engaged in the repair, maintenance,
and building of railroad and refrigerator cars at the Company's Chi-
cago, Illinois, car shops, who were employed by the Company as of
May 1, 1940, including those who did not work at such time because
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they were ill or on vacation and those who were then or have since
been temporarily laid off, but excluding foremen, supervisory em-
ployees, watchmen, clerical and office employees, and the employees
listed in Appendix A, and also excluding any who between May 1, 1940,
and the date of the election have quit or been discharged for cause,
to determine whether or not they desire to be represented by United
Packinghouse Workers of America, Local Industrial Union No. 347,
of Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
APPENDIX A '
Name Occupation
C. H. Morgan_________________________ General Superintendent.
H. P. Weisfuss________________________ Assistant Superintendent.
M. E. Bundy__________________________ Office Manager.
N. E. Rosenthal ------------------------- General Time Keeper.
C. J. Wold, Jr------------------------- Stenographer & Clerk.
P. J. Casey___________________________ Foreman.
J. E. Goddard ------------------------- Asst. Foreman.
C. H. Grebing-------------- _---------- Foreman.
J. J. Schmitz -------------------------- Chief Engineer & MM.
G. O'Leary____________________________ Foreman.
J. Fitzgibbons_________________________ Foreman.
E. Mackey ----------------------------- Foreman.
L. Celimer_____________________________ Foreman.
C. McIntosh---------------------------- Foreman.
P. Dedoes_____________________________ Foreman.
W. Witt ------------------------------- Asst. Foreman.
R. Berglund___________________________ Asst. Time Keeper.
W. A. Siemen_________________________ Chief Inspector.
P. Weisfuss___________________________ Yard Master.
W. Willooxson------------------------- Asst. Yard Master.
J. W. Allison -------------------------- Yard Clerk.
A. `Young_________________,____________ Watchman.
W. Sheahan--------------------------- Watchman.
J. Gordon------------------------------ Watchman.
J. Klappertsch------------------------- Watchman.
E. Kalal___________________--_________ Watchman.
J. Hiller______________________________ Watchman.
P. Hyland ------------------ ----------- . Watchman.
C. Wright----------------------------- Watchman.
Willard Ploog_________________________ Gang Leader & Checker.