Armour & Co. of Delaware

National Labor Relations Board - Board Decisions

Jul 20, 1942

42 N.L.R.B. 623 (N.L.R.B. 1942)

In the Matter of ARMOUR & COMPANY OF DELAWARE and MILK DRIVERS,
DAIRY & ICE CREAM EMPLOYEES UNION LOCAL 387 (AFL)
Case No. R-3995.-Decided July 20, 1942'
Jurisdiction : dairy and poultry industry. -
Investigation and Certification of Representatives: existence of question re-
fusal to accoid petitioner recognition until ceitified by the Board, election
necessary
Unit Appropriate for Collective Bargaining : all employees of the egg-breaking
and poultry evisceration plant and the creamery and poultry-diessing plant,
excluding policemen, guards, engineelc, and clerical, office, and supervisory
employees, no controversy as to
Mr Harry Brownstein, for the Board
Mr Marcus Whiting, of Chicago, Ill , for the Company.
Connolly, O'Malley and McNutt by Mr. C. I. McNutt, and Mr. Sam
Winsky, of Des Moines, Iowa, for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Milk Drivers, Dairy & Ice Cream Em-
ployees Union Local 387 (AFL), herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Armour & Company of Delaware, Des
Moines, Iowa, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Robert F Koretz, Trial Examiner.' Said hearing was held at
Des Moines, Iowa, on June 29, 1942 The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine' witnesses, and'to introduce evi-
dence bearing on the issues The Trial Examiner's rulings made at
the hearing are free fiom prejudicial error and are hereby affirmed.'
Upon the entire iecord in the case, the Board makes the following:
' On July 16, 1942, the parties filed a stipulation for correction of the record The stipu-
lation is hereby approved, and the record is ordered to be corrected in accoid inee
therei%ith
42 N L R B, No 127
623
624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Armour & Company of Delaware is a Delaware corporation having
its principal office and place of business in Chicago, Illinois. The
Company operates two plants at Des Moines, Iowa, one of which is
engaged in egg-breaking and poultry evisceration, and the other of
which is engaged in the manufactuie of butter, the feeding and dress-
ing of poultry, and the handling of shell eggs The piesent proceed-
ings involve these two plants During the fiscal year ending Novem-
ber 1, 1941, the Company used at the Des Moines plants apps oximately
5,500 tons of raw materials and supplies valued at over $1,500,000, 12
percent of which was secuied from sources outside the State of Iowa.
During the same period, the Company shipped from the Des Moines
plants approximately 5,500 tons of products valued at over $1,500,000,
92 percent of which was shipped to destinations outside the State of
Iowa The Company admits that it is engaged in commerce at the
Des Moines plants within the meaning of the National Labor Relations
Act.
II TIIE ORGANIZATION INVOLVED
Milk Drivers, Daily & Ice Cream Employees Union Local 387 is a
labor organization affiliated with International Brotherhood of Team-
sters, Chauffeurs, Waiehousemen and Helpeis, and the American
Federation'of Labor, admitting to membership employees of the
Company
III THE QUESTION CONCERNING REPRESENTATION
On of about April 20, 1942, the Union iequested the Company to
recognize it as exclusive baigaiing iepiesentative of the employees
-of the Company's Des Moines plants The Company declined to
recognize the Union as such repiesentative until it had been certified
by the Board
A report of the Regional Director introduced into evidence at the
heating indicates that the Union iepresents a substantial number of
employees in the unit which we hereinafter find to be appropriate.'
IV. THE APPROPRIATE UNIT
In accordance with the contention of the Union, which the Company
does not oppose, we find that all employees of the egg-breaking and
2 The Union submitted to the Regional Diiector 90 membership application cards, 11
of shich were dated in March and 79 in April 1942 All the cards bore apparently genuine
original signatures , 66 of which were the names of persons on the Compain's May 2, 1042,
pay loll , listing 156 emploiees in the appropriate unit Fifty -six of the names on the cards
appear on the pay roll of the egg-breaking and Poultry eisceiation plant , containing 99
iniployees Ten appear on the pay roll of the creamers and poultr% dressing plant, Con-
taining 25 employees ,
ARMOUR & COMPANY OF DELAWARE 625
houltiy evisceration plant, and the creamery and poultry dreseing
plant, excluding policemen, guards, engineers, and clellcal, office, and
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act 3
V TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning iepresentation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropiiate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Dii ection -
DIRECTION OF ELECTION
By vii tue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Sections 8 and 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS IIERE13Y DIRECTLD that, as part of the investigation authorized
by the Board to ascertain representatives for the purposes of collective
bargaining with Armour & Company of Delaware, Des Moines, Iowa,
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 of
Election, under the direction and supervision of the Regional Director
for the Eighteenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations, among the employees in the unit found
to be appropriate in Section IV, above, who were employed during the
pay-loll period immediately preceding the date of this Direction of
Election, including employees who did not work during such pay-roll
period because they were ill or on vacation or in the active military
service or trailing of the United States, or temporarily laid off, but
excluding any who have since quit or been discharged for cause, to
determine whether of not they desiie to be represented) fo1 the purposes
of collective bargaining by Milk Drivers, Daily & Ice Cream Em-
ployees Union Local 387, affiliated with International Brotherhood of
_Teamstels, Chauffeurs, Warehousemen and Helpers, and the American
Federation of Labor
Mn GERARD D REILLY took no part in the consideration of the above
Decision and Direction of Election
Although separated by 12 city blocks , the 2 plants constitute one operational unit
They hive the same manager , assistant manager , and cloical force, and a single seniority
plan Emplo3ees are frequently interchanged The plants are sepaiated only because
there is insufficient space to accommodate all departments under one roof
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