Armour and Co.

National Labor Relations Board - Board Decisions

Aug 18, 1942

43 N.L.R.B. 307 (N.L.R.B. 1942)

Ili the Matter-of ARMOUR AND COMPANY and AMALGAMATED MEAT
CUTTERS AND BUTCHER WORKMEN OF NORTH A11ERICA, LOCAL 377,
AFFILIATED WITH AMERICAN FEDERATION OF LABOR
Case No. R-4045. Decided August 18,19 42
Jurisdiction : meat slaughtering and distributing industry
Investigation and Certification of Representatives : existence of question:
.refusal to accord petitioner recognition until certified by the Board; labor or-
ganization R hich did not appear at hearing or request a place on ballot, but
which record disclosed had some interest in the proceeding, accorded place on
ballot with permission to withdraw, upon request; election necessary. .
Unit Appropriate for Collective Bargaining : production and , maintenance
employees at Company's Grand Forks, North Dakota, plant; specified inclusions
and exclusions.
Mr. Marcus Whiting, of Chicago, Ill., for the Company.
Mr. Joseph P. McCoy, of-Chieabo, Ill., Mr. E. A. Solberg, of Minne-
apolis, Minn., Mr. Dougal Clarle, and Mr. William Shane, of Grand
Forks, N. Dak., for the Amalgamated.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
I
Upon petition duly filed by Amalgamated Meat Cutters and Butcher
Workmen of North America , Local 377 ; affiliated with the American
Federation of Labor , herein called the Amalgamated , alleging that a
question affecting commerce has arisen concerning the representation
of employees , of Armour and Company, Grand Forks , North Dakota, '
herein called the Company , the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice befoi e Harry Brown-
stein , Trial Examiner . The Company and the Amalgamated appeared
and participated . All parties were afforded full opportunity to be
heard, to examine and cross -examine witnesses , and to introduce evi
i Packinghouse Workers Organizing Committee, District No. 2, herein called the
P. W 0 C, although served R ith notice, did not appe.it
43 N L R B, No 46
307
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
deuce bearing on the issues. The^Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affrmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour and Company, an Illinois corporation, having'its principal
office and place of business at' Chicabo, Illinois, operates a packing-
house in Grand Forks, North Dakota, for the slaughtering of beef and
the distribution of meat products. That plant alone is involved in this
proceeding. From December 1, 1941, through June 27, 1942, the Com-
pany received at the plant in,Grand Forks shipments of livestock,
salt, coal, and oilier manufacturing supplies and materials, in the
amount of approximately 30 million pounds,-exceeding $100,000 in
value. Approximately 28.02 percent of such inbound shipments origi-
nated at points outside the State of North Dakota. During the same
period, the Company shipped from the Grand Foils plant, approxi-
mately 21 million pounds of fresh and cured meats, hides. and other
product's derived from the slaughter of live animals. The sales for
this period were in excess of $100,000 by value. Approximately 70.33
percent of such outbound shipments moved to points outside the State
of North"Dakota.
The Company admits it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, Local 377, is a labor organization affiliated with the American
Federation of' Labor, admitting to membership employees of the
Company.
Packinghouse Workers Organizing Committee, District No. 2, is a
labor organization affiliated. with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
ITI. THE QUESTION CONCERNING REPRESENTATION
The Company and the. Amalgamated stipulated and agreed that
shortly before March 1, 1942, the Amalgamated requested recognition
as'the exclusive representative of the employees at the Grand Forks
plant ; the Company refused to grant such recognition until the
Amalgamated was certified by the Board.
I
ARMOUR AND COMPANY 309
A statement of the Regional Director introduced into evidence shows
that the Amalgamated represents a substantial number of the em-
ployees in the unit hereinafter found to be appropriate.2
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 Amalgamated contends that the appropriate unit should be
composed of all production and maintenance employees including
checkers, Wang leaders, and livestock handlers,,but excluding super-
intendents, managers, foremen, and clerical workers in the general
office. The Company and the Amalgamated agree to the exclusion
from the unit the following: policemen and watchmen who are depu-
tized and exercise police powers; livestock cashiers; messengers and
salesmen,, who do not work part-time in the production and mainte-
nance line;,truck drivers; and chemists.4'
The Company desires the further exclusion, and the Amalgamated
desires the inclusion of the following, to wit: checkers, scalers, grad-
ers, weighmasters, plant and storeroom clerks, and working foremen.
C7ieckers-The duties of the checkers are the checking of products
on sale, checking products leaving the plant, and checking products
of the kill and producing departments going to the freezers. They
'must slake their reports to the office. The Company contends that
the checkers should be classified as managerial employees, and that
they do no production or maintenance work.
We are of the opinion, and find, that the Company's checkers do
clerical work and should therefore be excluded from the unit.'
Sealers and Graders-Three employees fill the jobs of scalers and
graders. As the hot carcasses come off of the kill, they are weighed by
scalers, who record the hot weight upon a ticket which they attach to
2 The Regional Director reported that the Amalgamated presented 50 undated authori-
zation cards; that all the cards appeared to bear genuine, original signatures; that 44
of the signatures were the names of persons whose names appealed on the pay roll sub-
mitted by the Companv as of June 3, 1942, containing 65 names
The P W 0 C submitted to the Regional Director 8 membership application cards
dated as follows: undated, 2 , March 23, 1942, 1 , Apul 1942, 5 All the cards submitted
appeared to bear genuine, original signatures and all of those signatures are the names of
persons whose names appeal on the pay roll submitted by the Company as of June 3, 1942,
containing 65 names
3 There ai e no salesmen employed at the plant at this time
4 These are no chemists employed at the plant at this time
6 See Mattel of lVilcon and Co and Local Tinton #6, United Packing/ou .se, Wonhe>s of
Amelea of Paclanymouse Workers Oiganizmq Committee, 14 N. L R B 283, illatte? of
Ammoui and Coni.pany of Delawme and Amalgamated Meat Cutters and Butclmi 1Vortnnen
of 1o, thAmerica,Local 116,36N L R. B 674.
310, DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
the carcass. , In addition to scaling, the scalers also serve as graders.
The Company contends that the scalers are a part of the office and
accounting set-up and that they do no production or maintenance
work.
There appear to be two graders employed by the Company, one of
whom is a hot beef (carcass) grader and the other a dressed beef
grader. Their duties are to grade the beef in order to establish a
quality grade upon it. The hot beef-grader operates under the sales
department of the plant and not under the operating department. A
representative of the Amalgamated stated that if the graders were
only grading beef and not also doing part-time scaling work, it would
not admit them.
Under the circumstances and in view of the nature of their work
we shall exclude the scalers and grader's from the appropriate unit.
Weig/zmmasters-The Company employs two or three bonded weigh-
masters. It is their duty to weigh livestock as it is brought in by the
farmers or ranchers and then, make up the weight tickets on such
livestock. They make up buy sheets at the end of each day and also
serve as clerks for the livestock division. The Company contends
that the weighmasters are also a part of their accounting set-up'.
They are on the Chicago pay roll, as are all office help, and they are
paid on a weekly basis. The other employees of the plant are on the
local plant pay roll. The weighmasters come under an office pension
fund in which only the Chicago employees and the managerial em-
ployees are eligible. We shall exclude the weighmasters from the
appropriate unrt.
Plant and storeroom clerks-The work of these employees is to
keep an inventory of all mechanical and general storeroom supplies,
issue the supplies out upon orders, and keep records of the inventory
on hand. A plant clerk keeps the clerical records of various depart-
ments throughout the packing plant. They are considered as a part
of the Company's accounting set-up and are eligible for positions in
the office.
We shall exclude the plant and storeroom clerks from the appro-
priate unit since they are not engaged in production or maintenance
works
Working foremen-The record discloses that the working foremen
actin a supervisory capacity part of the time and work along with
the men under their supervision part. of the time. They are not re-
sponsible to any other foremen, but report directly to the superin-
tendent. The working foremen have the right to hire and discharge
employees without first reporting to the superintendent.
"See Matter of 9rniour and Co and United Packinghouse Worlers, Local Industrial,
Union, No 13, of P. IV. 0 C, affiliated itith C 1 0, 13 N. L R B 567.
ARMOUR AND COMPANY ,311
Under such circumstances, the "working foremen.will be excluded
from the bargaining unit as they serve in a supervisory capacity.?
We find that 'all production ,and maintenance employees of the
Company at its Grand Forks, North Dakota', plant, including, gang
leaders and livestock handlers, but excluding superintendents, man-
agers, foremen, clerical workers in the general office, policemen and
watchmen who are deputized and exercise police powers, livestock,
cashiers, messengers and salesmen who do not work part time in the
production or Intdntenance line, truck. drii-ers, chemists,' checkers,
scalers, graders, welghlnasters, plant and storeroom clerks, and work-
ing foremen, constitute a unit appropriate for the purposes of col-,
lective bargaining within the meaning of Section-9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES j
We find that the question concerning, representation which has
arisen can best be resolved by an election by secret ballot. Notwith-
standing the failure of the P. W. O. C. to appear at` the hearing or to
request a place on the ballot, we shall accord to it a place on the bal-
lot, inasmuch as the record discloses it has some interest in the pro-
ceeding.8 However; the P. W. O. C. will be permitted to withdraw
from the ballot upon filing a written request.to that effect with the
Regional Director for the Eighteenth Region within five (5) days
from the date of this Decision' and Direction of -Election.
In accordance with our usual practice, we shall, direct that the
employees eligible to vote in the election shall be those-in the appro-
priate unit who were employed during the pay-roll period unnle-
diately preceding the date of the Direction of Election herein, sub=
ject 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 La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to asc rtaln representa-
tives for the purposes of collective bargaining with Armour and
Company, Grand Forks, North Dakota, an election-by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
' See Matter of Lincoln Pacl.ing Co and Amalgamated Meat Cutters and Butcher Work-
men of North America, 39 N L R B 855 ; Matter of A Fink and Sons Co, Inc and
Amalgamated Meat Cotters and Butcher Workmen of North America, Local 422,-9 N L
R B 441
8See Matter of Hygiade Food Products Corp and United Preserved Fish and Food
Packers Union Local 102, 37 N: L R B 305 • i
312 DECISIONS OF NATIONAL LABOR RELATIO\TS BOARD
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Eighteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, of said Rules and Regulations, among
the 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 of Election, including employees who did
not work during such pay-roll period because they were ill or on vaca-
tion or in the active military service or training of the United States
or temporarily laid off, but excluding employees who have since quit
or been discharged for cause, to determine whether they desire to be
represented by Amalgamated Meat Cutters and Butcher Workmen
of North America, Local 377, A. F. of L., or by the Packinghouse
Workers Organizing Committee, District No. 2, ' C. I. 0., for 'the
purposes of.collective bargaining, or by neither.
CI-IAIRMAN Mm ms took no part in the consideration of the above
Decision and Direction of Election.