Armour and Co.

National Labor Relations Board - Board Decisions

Mar 16, 1944

55 N.L.R.B. 537 (N.L.R.B. 1944)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGIIOUSE
WORKERS of AMERICA, LOCAL 49-A, CIO
Cause No. O-R-4392.Decided March 16, 1944
Mr. Peter F. Curran, of New York City, for the Company.
Mr. Ray Hobbs, of New York City, for the Union.
Mr. William Strong, 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, Local 49-A, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Armour and Company, North Bergen, New Jersey,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Jack Davis,
Trial Examiner. Said hearing was held at New York City on Febru-
ary 17, 1944. 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 an opportunity to file briefs with the
Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TILE BUSINESS OF TIIE COMPANY
The Company, an Illinois corporation, is engaged in the general
packinghouse business, and in the manufacture of soap and auxiliary
products in numerous States. We are here concerned with the Com-
pany's North Bergen, New Jersey, plant, where the Company manu-
factures soap and auxiliary products. During its 1943 fiscal year, the
55 N. 7. R. B, No. 100.
537
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company purchased for its North Bergen plant about 59,000,000
pounds of raw materials, of which 90 percent originated outside the
State of New Jersey, and manufactured an equal quantity of finished
products, of which 85 percent was shipped to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, Local 49-A, affiliated
with the Congress 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 certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of the Trial Examiner, 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 representative 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 Union seeks a unit composed of all watchmen, guards, and
"box-pullers" at the North Bergen plant, exclusive of all production,
maintenance, clerical, and supervisory employees. The Company as-
serts that such a unit is inappropriate because the watchmen, guards,
and "box-pullers," all of whom are classified by the Company as,
and perform the duties of watchmen, are management representatives
and are not "employees" within the meaning of the Act.' We find
no merit in these contentions. We have heretofore held that guards
and watchmen are "employees" within the meaning of the Act and
are not to be denied the right to collective bargaining.3 Nothing in
the record before us calls for any deviation from our conclusions in
that respect.
I The Trial Examiner reported that the Union submitted six membership application cards
five of which bore apparently genuine original signatures of persons apppearing on the
Company's pay roll as of February 16, 1943, which contained the names of nine employees
In the alleged appropriate unit.
'These watchmen were previously militarized but are not at the present time.
3 See Matter of Phelps Dodge Copper Products Corp, 41 N L R B. 973; Matter of Drava
Corporation, 52 N. L It. B. 322; Matter of Pacific Pump Works, 54 N. L R B. 1458.
ARMOUR AND COMPANY 539
We find that all watchmen, guards, and "box-pullers" at the North
Bergen, New Jersey, plant of the Company, excluding all production,
maintenance, and clerical employees, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act 4
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 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 Naf Tonal Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour and Com-
pany, North Bergen, New Jersey, 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 Second 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
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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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, Local 49-A, affiliated with
the Congress of Industrial Organizations, for the purposes of collective
bargaining.
'We have found heretofore that all production and maintenance employees of the Com-
pany excluding all supervisory and clerical employees , truck drivers , watchmen , special
guards, laboratory employees , tine-study men and timekeepers , constitute a unit appro-
priate for the purposes of collective bargaining Matter of A,nioar and Company of Dela-
ware, 47 N. L. R. B. 1285.