Armour and Co.

National Labor Relations Board - Board DecisionsMar 29, 1946

66 N.L.R.B. 1409 (N.L.R.B. 1946)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE WORKERS OF AMERICA, CIO Case No. 2-R-6123.-Decided March 29,1946 Mr. Peter F. Curran, of New York City, for the Company. Mr. Lemuel Ward, of New York City, for the CIO. Parsonnet, Wheitzman & Oransky, by Mr. Emanuel Oran-sky, of Newark, N. J., for the AFL. Mr. C. G. Kessler, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Packinghouse Workers of America, CIO, herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation .of employees of Armour and Company, Passaic, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John J. Cuneo, Trial Examiner. The hearing was held at Passaic, New Jersey, on February 14, 1946. The Company, the CIO, and Amalgamated Meat Cutters & Butcher Workmen of North America, Local 422, AFL, herein called the AFL, 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 I?xaminer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties wvere afforded opportunity i o file briefs with the Board. Upon the entire record in the case, the Board makes the following: ^ American Federation of Labor, united Construction Woi kei s, t" M \C A , and Loral 560, International Brotherhood of Teanisteis, Chauffeurs, warehousemen and helpers, A F. L, were served with notice of hearing but did not appear 66 N. L. R. B. No. 173. 1409 686 5 7 2-4 6-90 1410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. TIIE BUSINESS OF THE COMPANY Armour and Company, an Illinois corporation, owns and operates 30 meat packing plants and approximately 300 wholesale meat dis- tributing houses commonly known as "branch houses" throughout the United States, including the branch house at Passaic, New Jersey, the only one involved in this proceeding. The Company at its Passaic branch house is engaged in the curing of meat and processing and manufacture of smoked meats and sausage and the sale and distribu- tion of other meat and dairy products. During the yearly period ending on or about October 31, 1945, the Company purchased, for use at its Passaic branch house, in excess of 8,000,000 pounds of beef, sheep, lamb, pork products, calves, and dairy products, of which ap- proximately 80 percent was shipped to the Passaic branch house from places outside the State of New Jersey. During the same period the Company's total production amounted to approximately 8,000,000 pounds, of which approximately 1 percent was shipped from its Passaic branch house to places outside the State. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED United Packinghouse Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Amalgamated Meat Cutters & Butcher Workmen of North Amer- ica, Local 422, 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 declined to recognize the CIO as the exclusive representative of the employees within the alleged appropriate unit unless the CIO is certified as such exclusive representative by the Board. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the CIO and the AFL each represents a sub- stantial number of employees in the unit hereinafter found appro- priate? 2 The Field Examiner reported that the CIO submitted 22 cards, all of which bore the names of employees listed on the Company' s pay roll of January 2, 1946 . He reported further that the AFL submitted membership records which bore the names of 20 employee.- listed on the same company pay roll. There are approximately 39 employees in the appropriate unit. ARMOUR AND COMPANY 1411 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with the agreement of the parties, that all production and maintenance employees, including the order assembler-clerk in the sausage factory,3 employed in the Passaic branch house, but excluding all office employees, sales employees, truck drivers and chauffeurs, shipping clerk and assistant shipping clerk, and all supervisory employees with authority to hire, promote, 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 .4 V. THE DETER31INATION 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 Direc- tion. 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 Armour and Company, Passaic, 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 3 The sausage factory is a department located at the Passaic plant. 4 The unit is identical with the one covered by an oral agreement between th Compan% and the AFL, which agreement will expire sometime in June 1946 Although the contract is not urged as a bar , it is well settled that an oral understanding cannot operate to pre- vent an election at this time. 1412 i)ECISIO S OV NATIONAL L 1,OR RELATIONS BO_1RI) 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 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 they desire to be represented by United Packinghouse Workers of America, CIO, or by Amalgamated Meat Cutters & Butcher Workmen of North America, Local 422. AFL, for the purposes of collective bargaining, or by neither. CHAIRMAN IIERZOG took no part in the consideration of the above Decision and Direction of Election.