Armour and Co.

National Labor Relations Board - Board Decisions

Mar 29, 1946

66 N.L.R.B. 1380 (N.L.R.B. 1946)

In the Matter of ARAIOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, C. I. O.
Case No. 3-fl-116j.-Decided March 29,1946
Mr. P. C. Newsom, of Albany, N. Y., and Mr. E. J. Pyper, of
Syracuse, N. Y., for the Company.
Mr. John J. Maurillo, of Syracuse, N. Y., for the Union.
Mr. Emil C. Farkas, 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, C. I. 0., herein called the Union, alleging that a question-
affecting commerce had arisen concerning the representation of em-
ployees of Armour and Company, Syracuse, New York, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Francis X. Helgesen,
Trial Examiner. The hearing was held at Syracuse, New York, on
February 14, 1946. 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The parties stipulated and we find that Armour and Company is
an Illinois corporation, with its principal office in Chicago, Illinois,
'International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, AFL, and Amalgamated Meat and Butcher Workmen of North America, AFL.
were both served with notice of hearing but neither organization appeared.
66 N. L . R. B., No. 167.
1380
ARMOUR AND COMPANY 1381
engaged in the operation of a number of packing and processing
plants throughout the United States. The plant involved in this
proceeding is located in the city of Syracuse, New York, wherein the
Company is engaged in meat packing, processing, and distribution
of dairy, poultry, and meat products. Raw materials used by the
Company at its Syracuse, New York, plant include livestock, dairy
and poultry products. Purchases of raw materials for the calendar
year 1945 were in excess of $1,000,000, approximately 96 percent of
which was made outside the State of New York and shipped in in-
terstate commerce to the plant at Syracuse. For the same period, the
Company sold and processed products valued at approximately
$2,500,000 (gross sales value), all of which were sold to customers
located in the State of New York. Processed products transferred
by the Company to other Armour plants for the same period were
valued at approximately $500,000.
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 is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 24, 1946, the Union, by registered letter, requested
recognition as bargaining representative for certain of the Com-
pany's employees. On the same day, the Union, without waiting for
the Company's reply, filed its petition for certification in this case.
The position of the Company at the time of the receipt of the letter
and at the present time is that it will not recognize the Union's re-
quest unless and until certified by the National Labor Relations
Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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.
2 The Field Examiner reported that the Union submitted 32 cards, 1 dated in January
1945, 19 dated in January 1946, and 12 undated. There are approximately 38 employees
in the appropriate unit.
1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Union requests a unit composed of all processing and manu-
facturing employees at the Syracuse, New York, plant, excluding
regular salesmen, office clerical employees, and supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, but including truck drivers
and two peddler salesmen. The Company takes the position that
the two peddler salesmen are, in fact, salesmen and should be ex-
cluded as such. There is no other dispute as to the composition of
the unit.
The record discloses that the two employees in question operate
trucks owned by the Company. They load, deliver, and distribute
their products in much the same manner as the other truck drivers.
Like the truck drivers, they spend the major part of the day on the
road on their trucks and follow a regular route. They work under
a supervisor, whose job is limited exclusively to working with these
two men and who travels with each alternately for the purpose of
promoting trade and sales.
Those employees classified as regular salesmen, and excluded from
the unit by mutual agreement, are engaged solely in promotional
sales work. They drive personally owned cars, book orders for
future delivery by the truck drivers, and solicit sales and customers
in a free lance manner within the Syracuse territory area. They are
normally dressed in business clothes in contrast to the uniforms or
white frocks of the peddler salesmen all(] truck drivers, and are paid
for the use of their cars on a mileage basis.
It would appear from the facts presented in the record that the
two employees in question come more appropriately within the cate-
gory of truck drivers than regular salesmen. For this reason, and
in view of the fact that the two peddler salesmen have a substantial
unity of interest with the truck drivers, we shall include them in the
unit.
We find that all employees at the Syracuse. New York, plant of
the Company. including truck drivers, peddler salesmen, and the
processing foreman,3 but excluding regular salesmen, office clerical
employees, branch manager, assistant branch manager, sausage fore-
man, peddler truck supervisor, shipping foreman, and all other super-
visory 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
$ It was agreed by both parties at the hearing that the processing foreman, William
Lowery, is in fact , a working foreman or gang leader and should, properly , be included
in the unit
ARMOUR AND COMPANY 1383
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
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 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
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 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, Syracuse , New York, 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 Third 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
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 or not they desire to be repre-
sented by the United Packinghouse Workers of America, C. I. O.,
for the purposes of collective bargaining.
(hIAIRArAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.