Armour & Co.

National Labor Relations Board - Board Decisions

Feb 17, 1947

72 N.L.R.B. 717 (N.L.R.B. 1947)

In the Matter of ARMOUR & COMPANY, EMPLOYER and AMALGAMATED
MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA,
PETITIONER
Case No. 13-R-1010.-Decided Februai y 17, 19477
illeisrs. R. J. Barlow and Grover F. Seidenbecker, of Chicago, Ill.,
for the Employer.
Messrs. Joseph E. Gubbins, Ben Dorsey, and Walter Piotrowski, of
Chicago, Ill., for the Petitioner.
Mr. R. Martinez, of Chicago, Ill., for the Intervenor.
M. Jerry Wohlnauth, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on December 1, 1946, before Leon A. Rosell, hearing officer.
The hearing officer's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE Elrl'LOYER
Armour and Company is a corporation engaged in slaughtering and
meat processing. Its principal office and place of business is at
Chicago, Illinois. During the year 1945, the Employer received plant
livestock and raw materials valued in excess of $1,000,000 for use in its
Chicago plant, approximately 90 percent of which came from points
outside the State. During the same period, the Employer processed
at its Chicago plant materials valued in excess of $1,000,000, of which
approximately 80 percent was consigned to points outside the State.
The Employer admits, and we find, that it is engaged in commerce
« ithin the meaning of the National Labor Relations Act.
IT. TIIE ORG 1NIZATTONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
72 NLRTi.No10
717
718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The United Packinghouse Workers of America, herein called the
Intervenor, is a labor organization affiliated with the Congress of In-
dustrial Organizations, claiming to represent employees of the
Employer.
III. THE QTJESTION CONCERNING IiEPRTSPNTATION
In the latter part of September 1946, Petitioner, in a letter to the
Employer, claimed that it represented a majority of the Employer's
six schochtim 1 and requested a collective bargaining conference. The
Employer refused to recognize the Petitioner until it was certified by
the Board.
Pursuant to Board certification 2 the Intervenor has represented
the Employer's production and maintenance employees since 1939.
In August 1945, the Employer signed a 1-year contract with the
Intervenor which provided that it was renewable from year to year
unless notice was given by either party in writing at least 30 days
prior to the yearly termination date. The contract is still in effect,
and purportedly covers all production and maintenance employees
for which the Intervenor was certified as the bargaining representative
by the Board. The Intervenor takes the position that the employees
whom Petitioner seeks to represent are already covered by its con-
tract with the E>ployer, and that the contract constitutes a bar to
the instant proceeding. Petitioner contends that the schochtim were
never included in the unit found appropriate by the Board, nor were
they covered by the Intervenor's contract with the Employer.
A determination of the issue thus raised necessitates analysis of
the intention of the parties to the contract now urged as a bar to
the instant proceeding. At the time the Board found a unit of
production and maintenance employees appropriate,' it adopted sub-
stantially a stipulation of the parties and did not consider the specific
inclusion or exclusion of the schochtim. Furthermore, no reference
is made to the schochtim in the ensuing contract between the Inter-
venor.and the Employer. It is also clear from the record that during
the 7 years following the Board certification of the Intervenor, no
request was made to negotiate on behalf of these employees relative
to working conditions, nor were any of the benefits derived under the
contract for other production and maintenance workers applied to
these employees as, for example, overtime pay or company-supplied
equipment.'
' The schochtim are al-o referred to as kosher hitchers D
2Alatte, of Armour C Coinpany, 16 N L It B 355, Matter of Atnioor eC Conipany, 18
N L R B 255
3 Id
4 In contrast to other production and maintenance employees, the schoclitim are paid a
gnaianteed weekly wage and consequently receive no compensation for work in excess of 8
hours a day Nor are they supplied with knives, meat hooks, and whetstone as ace other
pc oduction employees.
ARMOUR & COMPANY 719
In view of the foregoing, we are of the opinion that the schochtim
were not included within the unit covered by the contract in question.
Accordingly, we find that the contract between the Employer and the
Intervenor is not a bar to a present determination of representatives.-5
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner and the Employer are in agreement that a unit
composed of all schochtim employed at the Employer's Chicago plant
is appropriate. As previously indicated, the Intervenor contends
that these employees are part of the production and maintenance unit
for which it is the current bargaining representative.
A large part of the duties of the schochtim are governed by their
religion. These individuals are examined concerning their knowledge
of the Jewish laws by one or more ordained Rabbis and, if successful
in passing such examinations, are granted a certification to perform
their respective functions. None of these functions are analogous to
any work performed by any other employees of the Employer. The
employees in question perform religious rituals, test animals as to
their suitability for use under prescribed religious rules, slaughter
the animals and identify and tag the carcasses as to their acceptability.
In this work they are immediately supervised by their own foremen
who are themselves schochtim, and who, in turn, are supervised by a
Rabbinical Board established to assure the Jewish community that
animals are killed according to the Jewish code. Schochtim are paid
a guaranteed weekly wage regardless of the number of hours worked
instead of the hourly or piece-work compensation received by other
workers. Certain benefits extended to other employees by the Em-
ployer 6 are not enjoyed by the schochtim. We find that the differ-
ences in their training, skills, nature of work performed, compensation,
and status in the plant, warrant the conclusion that the schochtim
may function as a unit separate and apart from the general produc-
tion and maintenance employees.'
We find that all schochtim employed by the Employer at its Chicago
plant, 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
5 See Matter of American Warming & Ventilating Co. 38 N. L. R. B. 515; Matter of
Booth Kelly Lumber Co , 54 N. L. R B 406
" See footnote 4
7 Matter of Wilson & Co., 68 N. L R B 416; Matter of Swift & Company, 57 N. L R. B.
1411; Matter of New York Butchers Dressed Meat Co, 56 N. L . R. B. 1066
731242-47-vol. 72-47
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Armour & Company, Chicago,.
Illinois, 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 Thirteenth Region, acting in this matter as agent
for the National Labor Relatwns Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, 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 rein-
stated prior to the date of the election, to determine whether or not
they desire to be represented by Amalgamated Meat Cutters and
Butcher Workmen of North America, A. F. L., or by United Packing-
house Workers of America, C. I. 0., for the purposes of collective'
bargaining, or by neither.