Armour & Co.Download PDFNational Labor Relations Board - Board DecisionsJul 9, 194562 N.L.R.B. 1194 (N.L.R.B. 1945) Copy Citation In the Matter of ARMOUR & COMPANY and AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA , LOCAL No. 442, A. F. OF L. . Case No. 10-R-1499.-Decided July 9,1945 Messrs. A. D. Faulkner and J. B. Williahns, of Atlanta, Ga., for the Company. Messrs. I. P. Reagan, of Atlanta, Ga., for the Amalgamated. Messrs. G. R. Hathaway, of Atlanta, Ga., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filedby Amalgamated Meat Cutters & Butcher Work- men of North America, Local No. 442, A. F. of L, herein called the Amal- gamated, alleging that a question affecting commerce had arisen concerning the representation of employees of Armour & Company, Atlanta, Georgia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Mortimer H. Freeman, Trial Examiner. Said hearing was held at Atlanta, Georgia, on June 2, 1945. At the commencement of the hearing, the Trial Examiner granted a motion of United Packinghouse Workers of America, C. I. 0., herein called the United, to intervene. The Company, the Amalgamated, and the United appeared, participated, and 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 Armour & Company, an Illinois corporation, operates a branch plant at Atlanta, Georgia, where it is engaged in the distribution of meats, dairy 62 N. L. R. B., No. 156. 1194 ARMOUR & COMPANY 1195 products, and poultry. During 1944 the Company purchased products for its Atlanta branch valued in excess of $1,000,000, over 75 percent of which was shipped to it from points outside the State of Georgia. During the same period the Company sold products from its Atlanta branch valued in excess of $2,500,000, about 5 percent of which was shipped to points outside the State of Georgia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Packinghouse Workers of America is a labor organization affili- ated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 442, is a labor organization affiliated with the American Fed- eration of Labor, admitting to membership employees of the Company. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION On May 2, 1945, the Amalgamated requested the Company to recognize it as the exclusive collective bargaining representative of the employees at the. Atlanta plant. The Company resfused this request until such time as the Amalgamated is certified by the Board. The United contends, in its brief, that no election should be held because of the contemplated permanent shut-down of the plant involved herein and urges that the petition be dismissed. The plant involved in the instant proceeding is located in a building leased by the Company; the Company also operates a plant in Atlanta, Georgia, known as the UpChurch Packing Company, Division of Armour and Company, herein called UpChurch The Company owns the premises occupied by UpChurch. The Company carries on all operations at the UpChurch plant that it does at the plant involved in the instant proceeding and, in addition, is engaged in slaughter- ing of livestock at the UpChurch plant. At the time of the hearing, the Company was building an extension to the premises occupied by UpChurch and will move its operations from the branch house involved herein to the UpChurch plant in September 1945. Its, lease on the premises occupied by the plant to be closed expires in September 1945. The employees at the -plant to be closed will lose their identity upon merger with the UpChurch plant inasmuch as all departments will be consolidated. The Company stated that it intended to transfer all of its personnel, but that some changes in job classifications might be necessary. At the present time, the Company employs approximately 120 production employees at the UpChurch plant and between 55 and 60 production employees in the plant involved herein. The employees presently at the UpChurch plant 1196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD are covered by a contract between the Company and the United. Inasmuch as the plant petitioned for herein is to cease operations permanently within several weeks, and the employees working therein are to lose their identity as a separate unit, we conclude that no useful purpose would be served by directing an election in the instant proceeding. Accordingly, we shall dismiss the petition. We accordingly find that no question has arisen concerning the repre- sentation of employees of the Company at its Atlanta, Georgia, branch plant. ORDER Upon the basis of the foregoing findings of fact and the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employ- ees of Armour & Company, Atlanta, Georgia, filed by Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 442, A. F. of L., be, and it hereby is, dismissed. CHAIRMAN HERZOG took no part in the consideration of the above Deci- sion and Order. 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