Armour & Co.

National Labor Relations Board - Board Decisions

Dec 16, 1952

101 N.L.R.B. 1072 (N.L.R.B. 1952)

1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, we find that all production and maintenance em-
ployees at the Employer's Manchester, New Hampshire, establish-
ment, excluding all other employees and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
CHAIRMAN HERZOG} took no part in the
Decision and Direction of Election.
consideration of the above
ARMOUR & COMPANY and BUTCHER WORKMEN UNION OF NEW YORK
AND NEW JERSEY , LOCAL 640 , AFL, PETITIONER
SWIFT & Co. and BUTCHER WORKMEN UNION OF NEW YORK AND NEW
JERSEY, LOCAL 640 , AFL, PETITIONER
THE CUDAHY PACKING COMPANY and BUTCHER WORKMEN UNION OF
NEW YORK AND NEW JERSEY , LOCAL 640, AFL, PETITIONER
WILSON & CO ., INC. and BUTCHER WORKMEN UNION OF NEW YORK AND
NEW JERSEY , LOCAL 640 , AFL, PETITIONER . Cases Nos. 2-RC-4855,
£-RC-4856, 2-RC-4858, 2-RC-4857, 2-RC-4943, and 2-RC-4.944.
December 16,1952
Decision and Direction of Elections
Upon separate petitions duly filed 1 under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
Lewis Moore , hearing officer . The hearing officer 's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.2
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Members Houston, Murdock, and Styles].
1 The petitions were consolidated by orders of the Regional Director dated June 26, 1952,
and July 7, 1952.
2 A motion by Wilson & Co ., Inc., to dismiss the petitions covering its employees on the
ground that recognition was not requested prior to filing of the petitions is denied. At
the hearing, when Employer Wilson was asked whether it would grant recognition, the
reply was "The company will recognize the Union that is certified for the employees at
either branch ." See Advance Pattern Company, 80 NLRB 29.
The Petitioner objects to the intervention of United Packinghouse Workers of America,
CIO. herein called the Intervenor . Inasmuch as representatives of the Intervenor signed
contracts covering the employees involved, we find it has sufficient interest to intervene
in this proceeding . See Electrical Products Co., 89 NLRB 218.
101 NLRB No. 188.
ARMOUR & COMPANY 1073
Upon the entire record in these cases, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employers.
3. Questions affecting commerce exist concerning the representa-
tion of employees of the Employers within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner has filed separate petitions for separate plant-
wide units of employees at certain packinghouses of the various Em-
ployers. In general, the Intervenor asserts that plant-wide units
are inappropriate because multiplant units are supported by a long
history of joint collective bargaining.
General Operations
The Employers herein are engaged in the business of operating
packinghouses for the packing, distribution, and sale of meat. Each
Employer maintains administrative divisions known as districts,
directed by a district superintendent and a district manager. Within
each district are several branch houses or plants. In charge of each
branch is a branch manager with the power to hire, fire, or effectively
recommend dismissal. The operation of a branch is wholly autono-
mous. Each has its office staff and sales staff, orders the products it
requires, and receives shipments directly from the slaughter houses.
Transfers between branches occur infrequently and then usually
during emergency periods.
Case No. 2-RC-4858
The district of Employer Swift involved in this proceeding covers
the territory of New York, New Jersey, and Connecticut, and is com-
prised of 26 branch houses. The Petitioner seeks a unit confined to
the North 6th Street plant, while the Intervenor contends the appro-
priate unit should cover 5 branch houses for which it has contracted.'
The Petitioner, the Intervenor, and Employer Swift agree that if a
single-plant unit is found appropriate, it should consist of cutters,
Tuggers, and helpers.
The CIO was certified as the bargaining representative of the five
branches which it contends constitute the appropriate unit as a result
of separate elections and certifications held during the years 1938 and
1939. Shortly thereafter, the first of a series of "master" contracts
A The Williamsburg Market at North 6th Street ; Gansevoort -Barclay Market at N. 13th
Street ; Brooklyn Market at Fort Greene Place ; Westchester Market, Bronx ; and West
Harlem Market.
0
1074 DECISIONS OF NATIOYAL LABOR RELATIONS BOARD
for the five branches was negotiated. The contracting parties are
identified in the current contract as "Swift & Company's New York
City Markets as specified . . ." and "The United Packinghouse
Workers of America, Locals Nos. 49, 93, 104, 102, and 97." The recog-
nition clause in the contract provides, that "The Company recognizes
the Union 4 as the sole collective bargaining agency for its employees,
as certified by the National Labor Relations Board ... in the follow-
ing Branch Houses," and names the five branches. [Emphasis added.]
It is not clear from the record what positions the five persons hold
who signed for the Intervenor,5 but it appears that the branch manager
representing Employer Swift as well as a representative of each of the
Intervenor's locals involved are customarily present during contract
negotiations. The contract provides for minimum wage rates only,
restricts seniority to each branch, and specifies in the third step of the
grievance procedure that both parties may seek assistance from the
New York representatives of the Company and the national and dis-
trict representatives of the Union if settlement cannot be made in the
branch. The Petitioner's international organization represents plant-
wide units at three other branch houses in the district here concerned.
Cases Nos. 2-RC-4943 and 2-RC-4944
In the two cases involving Employer Wilson, the Petitioner seeks
to represent in separate plant-wide units employees at the branch
houses at 154 Fort Greene Place (2-RC-4943) and at North 6th
Street (2-RC-4944). The parties have stipulated that a unit con-
fined to the Fort Greene branch is appropriate and that such unit
should include luggers, cutters, and scalers and should exclude the
shipper, salesmen, office and clerical employees, the manager, depart-
ment heads, and all supervisors. The Intervenor contends however
that a plant-wide unit at the North 6th Street branch is inappropriate
because that branch has been merged in a multiplant unit of four
branches represented by the Intervenor.
For several years the Intervenor has had a contract for the em-
ployees at Employer Wilson's North 6th Street branch, the Harlem
Market, the Westchester Market, and the Mineola branch,' all located
in the administrative district covering New York, New Jersey, and
Connecticut. The Intervenor's contracts for the four branches have
been negotiated at the district level for Employer Wilson and for the
4 The "Union" refers to United Packinghouse Workers of America, Locals Nos. 49, 93,
104, 102, and 97.
6 The district superintendent stated that usually some representative of each local signed
the contract, then later testified that ordinarily the district director of the Intervenor plus
the employee committee signed the contract.
° A Jamaica, L. I., branch and the Empire Market, New York, formerly included in the
contract, have been closed?
ARMOUR & COMPANY 1075
Intervenor by a representative from each of the locals involved and
the district representative. The latest contract was executed Feb-
ruary 15, 1950, contains an automatic renewal clause, and includes a
supplemental agreement pertaining to wages executed September 14,
1950. The contract is between "Wilson & Co., Inc., for the following
branch houses listed below . . ." and "the following locals of the
United Packinghouse Workers of America. . . ." The recognition
clause in the contract states, "The Company recognizes the following
locals of the United Packinghouse Workers of America, . . . as the
exclusive bargaining agencies in the appropriate bargaining units
covering the employees of the Company at the following locations
in said units as have been certified by the National Labor Relations
Board or who have been by stipulation or consent recognized as being
represented by said Locals." [Emphasis added.] The original con-
tract and supplement bears one signature on behalf of the Intervenor,7
and J. J. Hanley on behalf of Employer Wilson. It provides for the
continuation of existing wage rates, and as supplemented increases
the hourly rate; limits seniority to the department of each branch;
and establishes a grievance system whereby grievances are first han-
dled by the manager of the branch involved and if not settled by
him are submitted to the district manager and the Union's district
representative as the second step in the procedure.
In addition to the four branch houses covered by the Intervenor's
contract, there are seven other branch houses located in the same
district. One other branch house is in metropolitan New York, two
are in Connecticut, and four are in New Jersey. Each of the Con-
necticut branclie,, and two of the New Jersey branches have separate
labor agreements.
If the North 6th Street branch is found to constitute an appropriate
unit the Petitioner seeks to include the checker in the unit of luggers,
cutters, and scalers, although he had always been excluded in the agree-
ments between Employer Wilson and the Intervenor. Employer IlTil-
son's district manager testified that on the payroll the checker has
the title "Foreman Shipping clerk" and that lie is foreman of the
loggers, with authority effectively to recommend hiring and firing.
His duties include directing the loading and shipping of all products
and checking sales receipts against the lugger's load. We find the
checker is a supervisor as defined in the Act.
Cases Nos. 2-RC-4855 and 2-RC-4856
The New York district of Employer Armour includes 19 branches
in New York, Connecticut, and northern New Jersey. The Peti-
T Elsewhere in the exhibits the signer bears the title "District Manager , Packinghouse
Workers of America, CIO
242..^,05--53-69
1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tioner seeks separate elections for the North 6th Street branch
(2-RC-4855) and the 197 Fort Greene Place branch (2-RC-4856).
The Intervenor contends that the branches petitioned for do not con-
stitute appropriate units and that a multiplant unit of the branches
it represents is the only appropriate bargaining unit in view of the
bargaining history.
The Intervenor was certified by the Board in 1938 as the bargain-
ing representative for each of Employer Armour's branches in New
York City, and in 1942 all these branches were grouped together in
one master contract . All the other branches in the district have sep-
arate labor agreements . In 1950, an AFL affiliate sought one of the
branches covered by the Intervenor's master contract," but the Inter-
venor won the election conducted and was certified on November
20, 1950, as the bargaining representative.
The latest master contract of the Intervenor dated September 1,
1950,9 is between "Armour and Company's New York City Branch
House as specified.... hereinafter referred to as the `Company', and
the United Packinghouse Workers of America, hereinafter referred
to as the `Union,' on behalf of Local Unions #9, 97, 104, 102 and 93
for the bargaining units hereinafter described." [Emphasis added.]
The recognition clause provides, "The Company recognizes the Union
as the exclusive collective bargaining agency for those employees in
such of the Company's branch houses in New York City as are certi-
fied by the National Labor Relations Board." Then follows a list of
the currently certified and recognized branch houses.1° In March,
June, and in October, 1951,11 supplemental agreements were added.
The contract limits seniority to the department of the branch and
provides that the grievance procedure begin on the branch level but
may end on the national level.
The only question raised as to the composition of the single-plant
units requested concerns a scaler at the North 6th Street branch house.
Employer Armour contends that the scaler should not be included
® Amalgamated Meat Cutters, Local 640, AFL, sought the Jamaica branch house in
Case No 2-RC-2135
9 The original contract dated March 1, 1942 , was between Armour and Company and
the Packinghouse Workers Organizing Committee on behalf of the United Packinghouse
Workers of America, CIO. was signed on behalf of the CIO by the district director , the field
representative , and the PWOC District Council No 6, comprised of a representative of
each local.
10 54 Tenth Ave. (Local No. 49).
42 Tenth Ave ( Local No 49)
22+6 12th Ave ( Local No. 97).
197 Fort Greene Place ( Local No 104)
96 N 6th Street ( Local No. 102)
635 Brook Avenue ( Local No 93).
11 In the October 1951 supplemental agreement , the contract was changed by adding the
Jamaica branch which had been omitted in the March 1950 contract and for vhich the
Intervenor was certified in November 1950
ARMOUR & COMPANY 1077
with luggers, cutters, boners, production and maintenance employees,
and egg candlers who compose the proposed plant unit. The scaler
weighs and records the weight of meat and makes out invoices to
customers. He receives the carcass meats and compares the shipment
with the invoice and, in the absence of salesmen or department heads,
he makes actual sales. He is carried on the general payroll, which
carries department heads and is separate from the payroll which
carries the other classifications of the proposed unit . He has no
authority to hire, discharge, discipline, or to recommend such action.
The scaler was certified as part of the present unit in 1938, and since
that time has been a part of the unit bargained for by the Intervenor.
We find that the scaler may be appropriately included in the pro-
posed unit as he shares the same working conditions and interests
as other employees in the unit.
Case No. 2-RC-4857
The Petitioner contends that Employer Cudahy's branch house at
110 North 6th Street, Brooklyn, New York, also known as the
Williamsburg branch, constitutes an appropriate unit. The North
6th Street branch is located in the administrative district which ex-
tends from Portland, Maine, to Pittsburgh, Pennsylvania, and which
includes 21 branch houses. In 1938 or 1939 the Intervenor was sepa-
rately certified as representative of several branches in the district.
Since that time it has represented 3 branches located in the New York
metropolitan area, including the North 6th Street branch, under a
single contract. It has represented other branches under separate
contracts.12
The Intervenor's latest contract including the North 6th Street
branch in its coverage was entered into June 21, 1951. It is between
"The Cudahy Packing Company for its branches at Passaic, New
Jersey, New Haven, Connecticut,13 and Westchester, Williamsburg,
and Gansevoort in New York City, N. Y., and the United Packing-
house Workers of America, CIO, Local Unions numbered, respec-
tively, 328, 163, 49, 93 and 102, hereinafter called the `Union."' The
recognition clause of the contract states : "The Employer recognizes
the Union as the sole collective bargaining agent for such employees
of its said branches as have been agreed upon locally pursuant to
Article XIV, Section 34." 14 The contract provides (article VIII,
"The Intervenor now represents the 820 Washington Street, New York City, branch
under a separate agreement . It formerly represented a Harlem branch but that branch
is now closed
1i This is the first contract covering the three New York City branches which al. ,o
included the Passaic and New Haven branches , which had formerly been representedseparately.
11 Article XIV, section 34 provides . "Any local agreements concerning working con-
ditions which are arrived at by the bargaining committee and the Branch Manager, shall
be reduced to writing and be signed by the Branch Manager and the local Union Committee,
or by an international officer of the Union and the Company 's District Manager."
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wages ) that "Wage rates shall be effective in accordance with the
agreement respecting a particular branch, made locally pursuant to
Article XIV, Section 34." On the same day this contract was executed
a supplemental agreement was entered into by the Employer and the
Intervenor for the three New York City branches . The supplemental
agreement fixes wage rates, specifies the composition of the unit, and
makes certain provisions regarding holidays and working conditions
at the branches . Finally, it provides that it shall not be used as a
precedent or be binding on Employer Cudahy with respect to any
other contract with the Intervenor . Bargaining sessions between Em-
ployer Cudahy and the Intervenor are attended by a representative
of the Employer 's legal department, the Intervenor 's district manager,
and representatives of its locals.
Conclusions
The single-plant units sought by the Petitioner in the cases herein
are appropriate for bargaining purposes unless, as the Intervenor con-
tends, the plants have been effectively merged with other plants to
form multiplant units. The master contracts between the Employers
and the Intervenor, described above, contain no clear indication that
the contracting parties intended to destroy the separate identity of
the original plant units and to establish a single, broader unit. The
Board has held in Hygrade Food Products Corporation 15 that when,
as here, there is no clear indication that parties to a multiplant con-
tract intended thereby to consolidate existing plant-wide units, that
the contract is not decisive of the unit question.
In these cases the employees in the alleged multiplant units appear
to have no special community of interest that is not present at the
Employers' other branches not covered by the collective contract.
There is virtually no interchange of employees among the various
branches of any of the Employers. Employee seniority rights, under
the Intervenor's contracts, are limited to the length of service in the
department or branch, and are not transferrable to any other branch
of the Employer. In none of the cases do the branch houses included
in the joint contracts comprise any functional or administrative sector
of the Employer's business organization. There does not appear to
be any established pattern of multiple-plant bargaining for the em-
ployees of any of the Employers, or for those in the industry generally.
It is our opinion under these circumstances that the groups of houses
of the various Employers under the master contracts are casual aggre-
gations of distinct employee units, and do not comprise a single appro-
priate bargaining unit.
Accordingly, we fi.id the following single-plant units appropriate
35 85 NLRB 841.
MATHIESON ALABAMA CHEMICAL CORPORATION 1079
for the purposes of collective bargaining within the meaning of Section
9 (b) of the Act :
Unit No. 1: All cutters, luggers, and helpers at Swift and Company's
North 6th Street, New York City, branch house, excluding all other
employees and supervisors as defined in the Act. (Case No. 2-RC-
4858.)
Unit No. 2: All Tuggers, cutters, and scalers at Wilson & Company,
Inc.'s, branch at 154 Fort Greene Place, New York City, excluding the
shipper, salesmen, office and clerical employees, the manager, depart-
ment heads, and supervisors as defined in the Act. (Case No. 2-RC-
4943.)
Unit No. 3: All Tuggers, cutters, and scalers at Wilson & Co., Inc.'s,
branch at North 6th Street, New York City, excluding the shipper,
salesmen, office and clerical employees, the manager, department heads,
the checker, and supervisors as defined in the Act. (Case No. 2-RC-
4944.)
Unit No. 4: All luggers, cutters, boners, scalers, egg candlers, and
production and maintenance employees in Armour and Company's
branch located at North 6th Street, New York City, excluding all other
employees and supervisors as defined in the Act. (Case No. 2-RC-
4855.)
Unit No. 5: All luggers, cutters, boners, production and maintenance
employees including processing employees, and egg candlers at Armour
and Company's branch located at 197 Fort Greene Place, New York
City, excluding all other employees and supervisors as defined in the
Act. (Case No. 2-RC-4856.)
Unit No. 6: All luggers, cutters, boners, checkers, shipping and re-
ceiving clerks, production and maintenance employees, and egg can-
dlers, at Cudahy Packing Company's branch located at 110 North 6th
Street, New York City, excluding all other employees and supervisors
as defined in the Act. (Case No. 2-RC-4857.)
[Text of Direction of Elections omitted from publication in this
volume.]
MATHIESON ALABAMA CHEMICAL CORPORATION and INTERNATIONAL
CHEMICAL WORKERS UNION, AFL, PETITIONER
MATHIESON ALABAMA CHEMICAL CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 505, AFL, PETI-
TIONER . Cases Nos. 15-RC--305 and 15-RC--820. December 17,1952
Decision , Order, and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
101 NLRB No. 182.