Armour & Co.

National Labor Relations Board - Board Decisions

Mar 31, 1944

55 N.L.R.B. 972 (N.L.R.B. 1944)

In the Matter of ARMOUR & COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS
Case No. 17-R-819.-Decided March 31, 1944
Messrs. George H. Damsel, C. M. Steward and J. W. Neighbor, of
South St. Joseph, Mo., for the Company.
Mr. Ralph M. Baker, of Kansas City, Mo., and Mr. Fred Ingersoll,
of St. Joseph, Mo., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, affiliated with the Congress of Industrial Organizations,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Armour &
Company, South St. Joseph, Missouri. herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Margaret L. Fassig, Trial Examiner. Said
hearing was held at St. Joseph, Missouri, on February 29, 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. THE BUSINESS OF THE COMPANY
The Company is engaged in the business of packing and selling
meat throughout the United States. We are here concerned only
55 N. L R. B., No. 174.
972
ARMOUR & COMPANY 973
with its South St. Joseph plant, at which the Company is engaged
in slaughtering, processing, manufacturing meat and meat products
and byproducts, and operating a wholesale meat market. During the
12 months ending October 30, 1943, sales at the South St. Joseph
plant exceeded 244,000,000 pounds valued at about $48,775,000, of
which 96 percent was shipped to destinations outside the State of
Missouri. The sales of its meat market during that period exceeded
$2,316,000 in value, of which 22 percent was shipped outside the
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, affiliated with the
Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company 'has refused to grant recognition to, and bargain
with the Union as the exclusive bargaining representative of certain
of the Company's employees.
Statements of Board agents indicate that the Union represents a
substantial number of employees in the units hereinafter found
appropriate.'
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 DETERMINATION OF REPRESENTATIVES
The Union contends that all stockyard employees and all whole-
:sale market employees of the Company at South St. Joseph, exclud-
ing all supervisory employees, should be included in the production
and maintenance unit in which the Union is the recognized exclusive
collective bargaining representative. The Company asserts that the
stockyard employees could properly form a part of the production
and maintenance unit, but that the wholesale market employees
could not.
In a prior proceeding we found that a production and maintenance
unit is appropriate at this plant.' Subsequently we included other
See Matter of Armour and Company, 40 N. L R B 13:33
2 The Field Examiner reported that the Union submitted 17 membership application cards
all of which bore apparently genuine original signatures The Tiial Examiner repotted
that 6 of the Union ' s caids bear names of stockyard employees , of whom the Company
employs 13, and 7 of the Union 's cai ds bear the names of wholesale market employees, of
whom the Company employs 10
' Matter of Armour & Company, 9 N L R. B 1230 , 10 N L R B. 474
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
groups within that unit.' The Company and the Union are parties
to a collective contract covering production and maintenance
employees.
The stockyard employees are under the jurisdiction of the Com-
pany's superintendent of plant operations , while the wholesale mar-
ket employees are not. The wholesale market is located in the
Company's main plant . However it is operated as a separate unit.
There is slight interchange of employees between the plant and the
market operations . The wholesale market employees are carried on
the office pay roll, and include salesmen and clerical employees. The
work of the wholesale market employees and of the plant production
and maintenance employees appears to be dissimilar . In other plants
of the Company livestock or stockyard employees appear to be in-
cluded in production and maintenance units, while wholesale market
employees are not included.
We are of the opinion that the stockyard employees, excluding all
supervisory employees within our usual definition may properly con-
stitute a part of the production and maintenance unit if the employees
so desire . Under the circumstances here present , we are of a con-
trary opinion as to the wholesale market employees. ,' However, we
are of the opinion that the wholesale warehouse employees may
properly constitute a separate appropriate unit.
We find that all wholesale warehouse employees, excluding 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.
There is no question concerning representation among the em-
ployees in the original production and maintenance unit. We shall
direct an election among the stockyard employees, excluding all
supervisory employees, and if they select the Union in that election,
they will thereby have indicated their desire to be included in a unit
with the general production and maintenance group and will be part
of such unit . We shall also direct a separate election among the
wholesale market employees.
A dispute arises as to the eligibility of one Jake E. Leichti, a scaler.
Leichti substitutes for a foreman during the latter's absences, and
while acting in that capacity has the power to effectively recommend
changes in the status of ordinary employees. We have heretofore ex-
cluded scalers from the production and maintenance unit at this
Matter of Armour d Company, 40 N L R. B 1333
s Cf Matter of Wilson d Co , 52 N. L. R B. 877
ARMOUR & COMPANY 975
plant." We conclude that Leichti is without the unit, and is therefore
ineligible to participate in the election.
The questions concerning representation which have arisen shall
be resolved by elections by secret ballot among the stockyards em-
ployees and among the wholesale warehouse employees who were
employed during the pay-roll periods immediately preceding the date
of the Direction of Elections herein, subject to the limitations and
additions set forth in the Direction.
DIRECTION OF ELECTIONS
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, it is hereby
DIREcTEn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour and
Company, South St. Joseph, Missouri, separate elections 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 Seventeenth 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 those employees of the Company in its stock-
yard and in its wholesale warehouse, respectively, defined in Section
IV, above, who were employed during the pay-roll periods im-
mediately preceding the date of this Direction, including employees
who did not work during said pay-roll periods 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 elections, to determine whether or
not they desire to be represented by United Packinghouse Workers of
America, Local No.,58, CIO,7 for the purposes of collective bargaining.
9 Matter of Armour t Company, 9 N. L. R. B . 1239, 10 N. L . R. B. 474.
7 The Union asked to be thus designated on the ballot . The request is granted.