Armour and Co.

National Labor Relations Board - Board Decisions

May 13, 1942

40 N.L.R.B. 1333 (N.L.R.B. 1942)

In the Matter of ARMOUR AND COMPANY and PACKINGHOUSE WORKERS
ORGANIZING COMMITTEE , LOCAL 58, AFFILIATED WITH TIIE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. B-3718.-Decided May 13, 1942
Jurisdiction : meat packing industry
Investigation and Certification of Representatives : existence of question. re-
fusal to accord petitioner recognition ; elections necessary.
Unit Appropriate for Collective Bargaining : unit of production and maintenance
employees to be expanded to include employees of one or more additional
departments if employees of such departments voting in separate elections
select as bargaining representative union now representing production and
maintenance employees.
Mr. Paul E. Blanchard, of Chicago, Ill., for the Company.
Mr. Herbert J. Vogt, of Chicago, Ill., for the Union.
Mr. A. S,umne'r•Lawrence, of counsel to-the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by Packinghouse Workers Organizing
Committee, Local 58, affiliated with the Congress of Industrial Or-
ganizations, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Armour and Company, St. Joseph, Missouri, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert S. Fousek, Trial Ex-
aminer. Said hearing was held at St. Joseph, Missouri, on April 10,
1942. The Company and the Union appeared, participated, and 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
errors and are hereby affirmed. On April 30, 1942, a stipulation,
signed by counsel for the Company, the representative of the Union,
and the Trial Examiner, was docketed with the Board, providing
for the correction of certain errors in the transcript of testimony.
The Board hereby orders that the. stipulation be made a part of the
40 N. L. R. B., No. 238.
1333
1334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
record and that the transcript be corrected in accordance with the
stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour and Company is an Illinois corporation having many
plants and branches throughout the United States.- The only plant
involved in this proceeding is located in South St. Joseph, Missouri,
where the Company is engaged principally in the business of slaugh-
tering, processing, and manufacturing meat and meat products, and
preparing fertilizer, tankage, lard, and hides. During the year end-
ing October 30, 1941, the Company shipped from this plant a sub-
stantial quantity of products, having a total value of some millions
of dollars,' of which approximately 90 percent was'shipped to points
outside the State of Missouri. The Company concedes that it is en-
gaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
Packinghouse Workers Organizing Committee, Local 58, is a labor
organization affiliated with the Congress of IndusUial-Organizations,
admitting to membership employees 'of-the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about December 18, 1941, the Union requested recognition
as the exclusive bargaining representative of the hourly and piece-
work paid production and maintenance employees, including the em-
ployees of the cooper department, the electrical department, and the
motive power department at the Company's South St. Joseph, Mis-
souri, plant. The Company declined to recognize the Union as the
exclusive representative of the group claimed by the Union for the
reason that- the Board had in a prior decision 2 found that different
units were appropriate.
In the decision referred to, the Board, pursuant to stipulations of
the parties, found that each of the following four units was appropri-
1 The figures in the stipulation relating to the Company's business are "approximately
152,000 pounds of products , having a total value of $2,000 ,000 " In our prior decision
involving this plant , we found that the 1937 shipments were "approximately 152,000,000
pounds of products , having a total value of $22 , 000,000" Matter of Armour & Company
and United Packing House Workers Industrial Union No. 767 , affiliated with the C. I. 0.,
9 N L. It . B 1239.
2 See Matter of Armour & Company and, United Packing House Workers Industrial
Union No 767, affi liated with the C 1 0, 9 N L R B 1239.
ARMOUR AND COMPANY 1335
ate : hourly and piece-work paid production and maintenance em-
ployees, employees of the cooper shop, employees of the engine room,
and electricians. The Board certified the following unions as the ex-
clusive representative, respectively, of the three last-mentioned
groups: ,Coopers International Union of North America, Local Union
No. 20; International-Union of Operating Engineers, Local Union
No. 120; 'and International Brotherhood of Electrical Workers,
Local Union 545. After an election, the Board certified the Union,,
then known as United Packing House Workers Industrial Union No.
-767, as the exclusive representative of the production and maintenance
em pl oyees.3
The Union is at the present time recognized by the Company, in a
contract expiring August 11, 1942, as the exclusive representative of
the employees in the production and maintenance unit previously
found appropriate by the Board. There is no dispute as to the
Union's status as the exclusive representative of that group, and the
Union does not seek an election therein. The Union contends that the
'former unit should now be enlarged by adding thereto the employees
in the cooper department, electrical department, and the motive power
department and, as stated above, has been refused recognition for the
expanded unit.
From the statement of the Regional Director'} and from certain
petitions 5 introduced in evidence at the hearing, it appears that the
Union represents, a substantial number of employees, in, each of the
three departments it desires to have added to the unit. Although
served with notice of the hearing, none of the three unions previously
certified appeared or made any claim of representation among the
employees in these departments.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company employed in the
cooper, electrical, and motive power departments at the St. Joseph,
Missouri, plant, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
IV. THE APPROPRTATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Union contends that the appropriate unit consists of the hourly
and piece-work paid production and maintenance employees, as es-
3 Id, 10 N L R. B 474
4The Regional Director reported that 27 out of 42 employees in these 3 departments
had either signed membership cards authorizing the Union to represent them or were
dues - paying members of the Union as of the pay-roll date of January 17, 1942.
S The Union introduced in evidence three petitions dated April 9, 1942 , and signed in
each case by all or a large majority of the employees in each of the said three depart-
ments The petitions , which were addressed to the Board , stated that the signers were
members of the Union and desired to have the Board include all eligible employees
in their particular department in the larger unit of production and maintenance
employees
1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tablished by our prior decision, together with the employees of the
cooper, electrical, and motive power departments. However,' the
Union does not seek an election covering the entire group but desires
to have any election which may be ordered by the Board confined
to the employees of the cooper, electrical, and motive power depart-
ments to determine whether or not the employees of those departments
'desire to be included with the production and maintenance group for
purposes of collective bargaining.
We are of the opinion and find that each of the groups which the
Union desires to have added to the production and maintenance unit
may properly form part of said unit if the employees so desire. In
view of the absence of any question concerning representation among
the employees in the original production and maintenance unit, we
shall direct separate elections only among the employees in the three
departments wherein a question concerning representation has arisen.
The employees in such of these voting groups as select the Union will
thereby have indicated their desire to be included in a unit with
the general production and maintenance group and will be part of
such unit.
We shall accordingly direct that the question concerning represen-
tation which has arisen be resolved by separate elections by secret
ballot among the employees in the cooper, electrical, and motive power
departments, respectively, who were employed within the respective
departments during the pay-roll period immediately preceding the
date of the Direction of Elections herein, subject to the limitations
and additions set forth in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 to ascertain representa-
tives for the purposes of collective bargaining with Armour and
Company, St. Joseph, Missouri, separate elections 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 super-
vision 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, Section 9, of said Rules and Regulations, among
those employees of the Company at- its South St. Joseph, Missouri,
plant, who were employed during the pay-roll period immediately
preceding the date of this Direction, in the cooper department, the
ARMOUR AND COMPANY 1337
electrical department, and'the motive power department, respectively,
including any such employees who did not work during said pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding supervisory employees and any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Packinghouse Workers Organizing Committee, Local
58, affiliated with the Congress of Industrial Organizations, for the
purposes. of collective bargaining.