Armour & Company

National Labor Relations Board - Board Decisions

Dec 10, 1938

10 N.L.R.B. 474 (N.L.R.B. 1938)

In the Matter of ARMOUR & COMPANY and UNITED PACKING HOUSE
WORKERS INDUSTRIAL UNION No. 767, AFFILIATED WITH THE
C. I. O.
Case No. 8-843
AMENDMENT TO DIRECTION OF ELECTION
December 10, 1938
On November 26, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Direction of Election, and Certifi-
cations of Representatives in the above-entitled proceeding., The
Direction of Election provided that "an election by secret ballot shall
be conducted ... among the hourly and piece-work paid production
and maintenance employees of Armour & Company, employed at its
South St. Joseph, Missouri, plant, whose names appear upon the pay
roll of the Company for the week ending April 9." Thereafter the
parties requested that the Company's pay roll of December 3, 1938, be
used in determining eligibility of employees to vote in the election.
We see no reason for not granting this request.
The Board hereby amends its Direction of Election by striking out
the words "April 9" and, substituting therefor the words "Decem-
ber 3."
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to Direction of Election.
10 N. L. R. B., No. 34.
SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 6,1939
On November 26, 1938, the National Labor Relations Board issued a
Decision, Direction of Election, and Certifications of Representatives
in the above-entitled case. The Direction of Election provided that
an election by secret ballot be conducted within fifteen (15) days from
the date of the Direction among the hourly and piece-work paid pro-
duction and maintenance employees at the South St. Joseph, Missouri,
2 9 N. L. R . B. 1239.
474
DECISIONS AND ORDERS 475
plant of Armour & Company, herein called the Company, whose names
appear upon the pay roll of the Company for the week ending April
9, excluding supervisory employees, clerical employees, straight sal-
aried employees and employees in the cooper shop, engine room, labo-
ratory, street-cleaning department, fire department and restaurant,
policemen and watchmen, box pullers, janitors, janitors general, live-
stock drivers (buyer, driver cattle; buyer, driver sheep), chief engi-
neers, scalers , matrons, automobile truck drivers, brick masons, and
electricians, and excluding those who have since quit or been dis-
charged for cause to determine whether such employees desire to be
represented by United Packing House Workers Industrial Union No.
767, affiliated with the Committee for Industrial Organization, or by
Armour Employees Industrial Organization, for the- purposes of col-
lective bargaining, or by neither. On December 10, 1938, the Direction
of Election was amended by striking out the words "April 9", and
substituting therefor the words "December 3".
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on December 12, 1938, under the direction
and supervision of the Regional Director for the Seventeenth Region,
(Kansas City, Missouri ). Full opportunity was accorded all parties
to this investigation to participate in the conduct of the secret ballot
and to make challenges. On December 13,1938, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 1, ,as_amended,.issued and duly
served upon the parties an Intermediate Report on the election. No
objections or exceptions to the Intermediate Report have been filed
by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible______________________________________ 751
Total Ballots Cast__________________________________________ 525
Total Number of Blank Ballots____________________________ 1
Total Number of Void Ballots_______________________________ 4
Total Number of Challenged Ballots __________________________
Total Number of Ballots Cast for United Packing House
1
Workers Industrial Union No. 767, affiliated with the Com-
mittee for Industrial Organization________________________ 473
Total Number of Ballots Cast for Armour Employees Indus-
trial Organization________________________________________ 10
Total Number of Ballots Cast for Neither____________________ 36
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that United Packing House Workers Indus-
trial Union No. 767, affiliated with the Committee for Industrial Or-
476 NATIONAL LABOR RELATIONS -BOARD
ganization , has been selected by a majority of all the hourly and piece-
work paid production and maintenance employees of Armour ,& Com-
pany employed at its South St. Joseph, Missouri, plant, excluding
supervisory employees, clerical employees , straight salaried employees,
and employees in the cooper shop, engine room, laboratory , street-
cleaning department, fire, department and restaurant, policemen and
watchmen , box pullers , janitors, J anitors general , livestock drivers
(buyer, driver cattle; buyer, driver sheep), chief engineers, scalers,
matrons, automobile truck drivers, brick masons, and electricians, as
their representative for the purposes of collective bagaining , and that,
pursuant to Section 9 (a) of the National Labor Relations'Act, United
Packing House Workers Industrial Union No. 767, affiliated with the
Committee for Industrial Organization , is the exclusive representa-
tive of all such employees .for the purposes of collective bargaining in
respect to rates of pay , wages, hours of employment, and other condi-
tions of employment.
CHAIRMAN MADDEN took no part in the consideration of the above
Certification of Representatives.
10 N. L . R. B., No. 34a.