Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

Oct 31, 1940

27 N.L.R.B. 1193 (N.L.R.B. 1940)

In the Matter of ARMOUR AND COMPANY OF DELAWARE and FEDERAL
LOCAL UNION No. 21088 OF THE AMERICAN FEDER4TION OF LABOR
Case No. R-1949
SUPPLEMENTAL DECISION AND DIRECTION
October 34 1940
On August 23, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on September 19, 1940,
under the direction and supervision of the Regional Director for the
Second Region (New York City).' On October 4, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National
Labor, Relations Board Rules and Regulations-Series 2, as amended,
issued and duly served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows:
Total number eligible to vote -------------------------------- 287
Total number of ballots cast____`-------- -------------------- 263
Total number of valid ballots___________________________'_____
Total number of votes in favor of Federal Local Union No.
249
21088 of the American Federation of Labor________________ 123
Total number of votes in favor of United Protective Association
of Armour Soap Works Employees , Inc.-------------------- 123
Total number of votes in favor of neither union________3
Total number of blank votes_________________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes___________________________ 14
The Regional Director recommended in her Report that the chal-'
lenges to the ballots of Stanley Boltuski, Anthony Walikanis, Gabriel
Dzibeier, and Joseph Kornovski, coopers, Frank Pisano, a laborer
126 N. L. R . B 1046 ' A petition for rehearing , filed by United Protective Associa-
tion of Armour Soap Works Employees ' Inc , on September 12, 1940 , seeking a reconsidera-'
tion by the Board of the unit found to be appropriate , was denied by the Board on September
16, 1940.
z On October 4, 1940 , there were filed with the Board affidavits , by a number of employees
of the Company 's maintenance department , setting forth their membership in United
Protective Association of Armour Soap Works Employees ' Inc , and requesting that the
Board reconsider its finding as to the appropriate unit This request is hereby denied.
27 N. L. R. B., No. 195.
1193
1194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and part-time cooper, and Grace Etzold, a cafeteria worker, be over-
ruled and that the challenges to the ballots of Nathan Backenroth,
William Bohnert, Vincent Nohal, oilers, Charles Merceron, Arthur
Wagner, and John E. Budin, machine shop employees, Joseph
Sangastiano, an employee of the carpenter shop, and Arthur
Hartwick, an employee of, the chauffeurs' department, be sustained.
On October 21,1940, United Protective Association of Armour Soap
Works Employees' Inc., herein called the Association, filed Objections
to Election Report. The Association bases its objections upon its in-
terpretation of the Decision and Direction of-Election of the Board
with respect to the appropriate unit and contends that the Board
intended to establish a unit of unskilled workers and to exclude
the skilled workers therefrom. It contends that Stanley Boltuski,
Anthony Walikanis, Gabriel Dzibeier, Joseph Kornovski, and Frank
Pisano should not have been allowed to vote because they are employed
as coopers and as such are skilled employees and were not intended by
the Board to be included in the appropriate unit. The finding of
the Board as to the appropriate unit was not based upon the distinc-
tion sought to be drawn by the Association `but generally upon the
distinction between production employees and non-production em-
ployees. It was stipulated at the hearing that the five employees
mentioned above are production employees. The Regional Director's
recommendation as to them is hereby sustained. ,
The votes of Nathan Backenroth, William Bohnert, Vincent Nohal,
Charles Merceron, Arthur Wagner, John E. Budin, and Joseph
Sangastiano were challenged by Federal-Local Union No. 21088, herein
called the Federal Local, upon the ground that these employees were
excluded from the unit as maintenance employees. The Association
contends that these men are general laborers and are unskilled and
should, therefore, be permitted to cast their ballots. Backenroth,
Bohnert, and Nohal are employees of the motive power department and
perform the same work on different shifts. They, are listed on the
Company's pay roll as oilers. Merceron, Wagner, and Budin are
listed on the Company's pay-roll as helpers in the machine shop and
Sangastiano as a helper in the carpenter shop. The stipulation entered
into at the hearing by the parties designated these persons as main-
tenance employees and they were excluded from the unit by the Board's
Decision and Direction of Election. The Regional Director's recom-
mendation that their ballots should not be considered valid is hereby
sustained.
The Association objected to the Regional Director's ruling sustain-
ing the Federal Local's challenge to the ballot of Arthur Hartwick.
Hartwick is listed on the Company's pay roll as a chauffeur and spends
50 per cent of his time driving a light delivery truck. The remaining
11
ARMOUR, AND COMPANY OF DELAWARE 1195
b0 per cent of his time is spent in the loading and unloading depart-
ment. Although the other chauffeurs employed by the Company are
required to' belong to the International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers by virtue of a contract between
it and the Company, Hartwick is exempt from this requirement because
lie drives only part time. Other persons employed in the loading and
unloading.- department were permitted to, vote at the election. We
overrule the Regional Director's recommendation as to the ballot of
Arthur Hartwick and direct that his ballot be counted.
The Regional Director overruled the Federal Local's challenge to
the ballot of Grace Etzold. No objections were filed to her ruling and
it is hereby affirmed.
Since the counting of the challenged ballots found above to have
been validly cast is essential to a determination of the result of the
election, we shall direct that they be counted.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
Drnx,PED that, as part of the investigation directed by the Board
to ascertain representatives for the purposes of collective bargaining
with Armour-and Company of Delaware, North Bergen, New Jersey,
the Regional Director for the Second Region (New York City) shall,
pursuant to the Rules and Regulations of the Board, set forth above,
and subject to Article III, Section 9, of said Rules and Regulations,
within ten (10) days from the date of this Direction open and count
the ballots of Stanley Boltuski, Anthony Walikanis, Gabriel Dzibeier,
Joseph Kornovski, Frank Pisano, Grace Etzold, and Arthur
Hartwick, and shall thereafter prepare and cause to be served upon
the parties in this case a Supplemental Election Report, embodying
her findings therein and her recommendations as to the results of
the secret ballot. - - -