Armour & Company of Delaware, a Corporation, Armour & Company Auxiliary Plants

National Labor Relations Board - Board Decisions

Jul 25, 1939

13 N.L.R.B. 1143 (N.L.R.B. 1939)

In the Matter of ARMOUR & COMPANY OF DELAWARE, A CORPORATION,,
ARMOUR & COMPANY AUXILIARY PLANTS and UNITED PACKING
HOUSE WORKERS, LOCAL INDUSTRIAL UNION No. 347, DIVISION 8, of
THE PACKING HOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1388.-Decided July 25, 1939
Meat Packing and Byproducts Manufacturing Industry-Investigation of Rep-
resentatives : question concerning representation : petition by local union after
employer had refused to recognize majority status of national organization with
which local cooperated is sufficient to raise-Labor Organizations : national
organization with which local cooperated, functioning as a single-Unit Appro-
priate for Collective Bargaining : production and maintenance employees exclud-
ing supervisors , foremen , shop mule men, automobile truckers and helpers, plant
restaurant employees , policemen , watchmen , office janitors , chemists , technicians,
laboratory testers and apprentices , clerical employees , and five named employees ;
controversy between employer and petitioning union as to watchmen , office jani-
tors, inventory and shipping clerks, plant stenographers , chemists , laboratory
employees , and certain other employees , who are excluded-Representatives:
proof introduced by union challenged by employer-Election Ordered: stipu-
lated pay-roll date adopted , but persons employed between pay -roll date and
date of this Direction also eligible to vote.
Mr. Albert P. Wheatley, for the Board.
Mr. Walter C. Kirk, of Chicago, Ill., for the Company.
Mr. John J. Brownlee, of Chicago, Ill., for the Union.
Mr. N. Barr Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 16, 1939, United Packing House Workers, Local Indus-
trial Union No. 347, Division 8, of the Packing House Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, herein called Local No. 347, filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Armour & Company Auxiliary Plants,
13 N L. R B, No 108.
1143
1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1355 West 31st Street, Chicago, Illinois, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On April 14, 1939, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an appro-
priate hearing upon due notice. On May 12, 1939, Local No. 347
filed an amended petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Armour &
Company of Delaware, a corporation, herein called the Company, and
Armour & Company Auxiliary Plants, 1355 West 31st Street, Chi-
cago, Illinois, herein called the Auxiliary Plants.
On May 16, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon Local No.
347, and upon Local 241 and Local 661 of Amalgamated Meat Cut-
ters & Butcher Workmen of North America, Chicago, Illinois, herein
called the Amalgamated. Pursuant to the notice, a hearing was held
on May 22 to 24, 1939, at Chicago, Illinois, before Joseph L. Maguire,
the Trial Examiner duly designated by the Board. The Board and
the Company were represented by counsel and Local No. 347 by an
-official representative of the Packing House Workers Organizing
Committee, herein called the P. W. O. C. Representatives of Locals
241 and 661 of the Amalgamated were present when the hearing
opened and were informed of their opportunity to present evidence
on the issues. They filed no appearance and offered no evidence dur-
ing the course of the 3-day hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties.
A motion made by Local No. 347 near the close of the hearing to
amend the description of the appropriate unit set forth in its petition
was reserved by the Trial Examiner for the ruling of the Board. Its
allowance will not prejudice the interests of the Company, and the
motion is hereby granted. At the close of the hearing the Company
moved to dismiss the proceedings because Local No. 347, the petition-
ing union, had not been authorized by any of the Company's employ-
ees to represent them and because there was no question concerning
representation. The Trial Examiner denied the motion and for rea-
sons hereinafter stated his ruling is affirmed. During the course of
the hearing the Trial Examiner made several other rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
ARMOUR & COMPANY OF DELAWARE 1145
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY 1
Armour & Company of Delaware is a Delaware corporation and a
subsidiary of Armour & Company, an Illinois corporation. The
Illinois corporation directly and through subsidiaries operates ap-
proximately 30 meat-packing plants located in some 23 States, and
some 300 meat-distributing houses scattered throughout the country.
The Delaware subsidiary operates a group of plants located near
31st Street and Benson Street, in the City of Chicago, Illinois, which
are known as the Armour & Company Auxiliary Plants, where soap,
glue, ammonia, curled hair, sandpaper, cosmetics, and other products
are manufactured. During the Company's fiscal year ending Octo-
ber 29, 1938, the products manufactured and sold by the Auxiliary
Plants had a sales value of approximately $16,500,000. The Illinois
corporation, including its subsidiaries, handled sales amounting to
$723,537,907 during the same fiscal year.
Approximately 50 per cent of the raw materials used in the manu-
facture of products at the Auxiliary Plants are obtained outside of
Illinois, and approximately 90 per cent of the products manufactured
during the fiscal year ending October 29, 1938, were shipped to
destinations outside the State.
At its Auxiliary Plants, the Company employs approximately 1,073
persons, excluding general office employees.
II. THE ORGANIZATIONS INVOLVED
United Packing House Workers, Local Industrial Union No. 347,
is a labor organization affiliated with the Congress of Industrial
Organizations, herein called the C. I. 0., admitting to membership
production and maintenance employees of the packinghouse indus-
try and allied industries of Armour & Company in Chicago, Illinois.
Division 8 is open to employees within this classification who are
employed at the Auxiliary Plants of the Company.
Packing House Workers Organizing Committee 2 is a national
labor organization, affiliated with the C. I. 0., composed of local
unions whose membership is among employees in the packinghouse
industry and allied industries.
1 These findings are based in part on a stipulation of facts.
s On the petition for certification and on the authorization cards this organization is
designated "Packing House Workers Organizing Committee." On the stamps issued when
dues are paid and in other connections, it is titled "Packinghouse Workers Organizing
Committee." The two designations are apparently used interchangeably by the organ-
ization.
1146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On February 7, 1939, the P. W. O. C. sent to the Company a
registered letter stating that it represented a majority of the produc-
tion and maintenance employees in the Auxiliary Plants, and request-
ing recognition as sole bargaining agent. The Company replied on
February 14, 1939, refusing to accord recognition "without an official
determination by the National Labor Relations Board." Despite
this the Company contends that no question concerning representa-
tion has arisen. The contention is based upon the fact that Local
No. 347 is the petitioner seeking certification by the Board, while the
Company was requested and refused to recognize the P. W. O. C.
Local No. 347 was chartered by the C. I. 0. in July 1937 and has
not exchanged its original charter for a P. W. O. C. charter, as have
most C. I. O. packinghouse workers' locals. However, the record
shows that its representatives participated in conferences in October
1937 and May 1938 at which the P. W. O. C. was set up as an adminis-
trative subdivision of the C. I. O. to promote the interests of mem-
bers of the C. I. O. engaged in the packing industry and allied indus-
tries. When members pay dues to Local No. 347 they receive, by way
of receipt, stamps to be placed in their membership books bearing the
name "Packinghouse Workers Organizing Committee, C. I. O."
P. W. O. C. representatives regularly serve on the grievance com-
mittee of Local No. 347 and have met with representatives of the
Company on behalf of members of Local No. 347 as many as 20 times
since November 1938. The P. W. O. C. and Local No. 347 are treated
by the employees and function as a single labor organization for the
purposes of collective bargaining. We find that under these circum-
stances a request for recognition by the P. W. O. C. constituted a
request for recognition by Local No. 347.
We further find that a question has arisen concerning the repre-
sentation of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
ARMOUR d, COMPANY OF DELAWARE
V. THE APPROPRIATE UNIT
1147
The petition filed by Local No. 347, as amended, states that the
unit deemed appropriate consists of "all production and mainte-
nance employees excluding foremen, supervisors, teamsters and chauf-
feurs, timekeepers, clerical and office workers, watchmen, chemists
and technicians."
The pay roll of the Auxiliary Plants was introduced at the hear-
ing. It contains 1,073 names. The parties agreed and we find that
127 persons on this pay roll should be excluded from the appropriate
unit because they are supervisors, foremen, shop mule men, automo-
bile truckers and helpers, plant restaurant employees, plant police-
men, chemists and other technicians who may be classed as profes-
sional workers.3 In addition to these exclusions, Local No. 347 con-
tended that 59 other persons should be excluded from the appropriate
unit; the Company desired their inclusion. During the course of the
hearing the Company agreed with Local No. 347 that eight of these,
who are plant policemen, should be excluded and we so find .4 At the
same time it was agreed that Marie Sagart, who dispenses labels and
wrappers to other employees, was engaged in production work. She
will therefore be included in the unit.
Among the remaining 50 employees whose status is in dispute, there
are 14 watchmen or "box-pullers." 5 They are on duty at night,
Saturdays, Sundays, and other times when the plant is not in opera-
tion. In addition to covering definite routes through the plant to
watch for fires and prowlers they oil and check the functioning of
machines allowed to run when the plant is not in operation; they also
start certain motors and vat fires preparatory to the commencement
,of daily operations. Although their duties include functions closely
,connected with production, they are primarily guards of the plant
and premises. We will therefore exclude them from the unit .6
8 These 127 names , were identified by the parties on the pay roll of May 13, 1939,
which is Board Exhibit No. 8, by an "X" placed immediately preceding the name of each
person whose exclusion was agreed to.
4 They are : Frk. Gleva , Geo. Passmore , Henry Basch, Arthur Holtgren , Chas. Weninger,
Corn. Brown, Ray Grodecki, and Alfred Folbert. Their names are also preceded by an
X" on Board Exhibit No. 8 to indicate their exclusion.
6 Their names , listed on pages 53 and 54 of Board Exhibit No. 8, are : Chas . Forth,
Steven Day , Aug. Peters, Geo. Whaley, Chas. Bonnes, Jos. Schmidt , Frk. Lubek, Emil
Herman, Phil Knowlton, Jno. Szymanski, G. Weidmann, Albert Hentz, Jno. Grady, and
Henry Lehman
6 Matter of Plankinton Packing Company and Packing House Workers Organizing Com-
mittee, 5 N . L. It. B 813, 816 ; Matter of General Mills , Inc., doing business under the
trade name of Washburn Crosby Company and Flour, Feed, and Cereal Workers Federal
Union No. 19184, and United Clam and Cereal Workers, Local No. 2W, 3 N. L R B.
730, 738
1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Five persons whose status as production or maintenance employees
is challenged by Local No. 347 are janitors who care exclusively for
the office building which is separate from the buildings in which the
production work takes place. None of these five does any work in the
production units of the plant, although the Company charges their
wages to plant-maintenance expense and they work under the super-
vision of the plant superintendent. In accord with previous decisions
we will exclude them from the unit.7
The remainder of the 50 are 31 steady-time employees,' the char-
acter of whose work was put in evidence at the hearing, the Company
insisting upon and Local No. 347 opposing their inclusion in the appro-
priate bargaining unit. Among these 31 are 6 engaged in work almost
entirely clerical; 8 who do the work of both inventory and shipping
clerks,10 4 who are stenographers." These employees will be ex-
cluded 12 In the group also are three graduate chemists " and five
employees 14 who are connected with the plant laboratory, engaged in
making tests of products manufactured, or as apprentice testers doing
messenger work. They will be excluded because their training and
interests are substantially different from that of the regular produc-
tion and maintenance employees 16 Other employees whose status is
in controversy are Thomas Mulligan, who is classified as an office
engineer with duties similar to the five office janitors whom we have
already excluded, Donald Foos, yardmaster in charge of the routing
of incoming and outgoing freight cars, Ken Albright, who reads and
inspects the water and steam meters throughout the plant, Edwin
Erb, who receives and assigns all requests for machine repairs coming
from the various departments of the plant, and Lewis Burke, who
spends all of his time in repairing the Company's .delivery trucks.
7 Matter of Consumers Power Company and International Brotherhood of Electrical
Workers, Local 876, 9 N. L. R B. 742, 748.
8 These 31 are among the employees listed on pages 146 and 156, inclusive , of Board
Exhibit No. 8.
6 Jas. Shramek , Simon Schuffert , V. Van Eylen, Frank Tetu, all of whom are inven-
tory clerks ; Joseph Yutka, billing clerk, Henry Bauch, receiving clerk
11 Paul Krueger, Joseph O'Donnell, Edwin Burkhardt, Ada Connorton, Al Skokalski,
John Krolak , Arthur Burger, and Reginald Esler.
11 Julia Janik, Esther Branigan, Stella Kameuske , Mabel Shaver.
32 Foprevious decisions excluding similar employees see Matter of Walker Vehicle
Company and the Automatic Transportation Company, Division of Yale & Towne Manu-
facturinq Company and Walker-Automatic Independent Labor Association, 7 N L. R. B.
827, S32 (production stock record clerks, stenographers ) ; Matter of Simplex Wire and
Cable Company and Wire & Cable Workers Federal Local Union No. 21020, 6 N. L. R. B.
251, 259 ( shipping and factory clerks).
12 Walter Hoover, Idris Cornwell, Raymond Uebele.
14 Oran Digman, Frank Rozich , Eric Alfredson, Stanley Krolak, Robert Crundwell.
15 Matter of Southern Chemical Cotton Company and Textile Workers Organizing Com-
mittee, 3 N. L. R. B. 869 , 874; Hoffman Beverage Company and Joint Local Executive
Board of International Union of United Brewery, Flour, Cereal, and Soft Drink Workers
of America, 3 N. L R B 584, 588.
ARMOUR & COMPANY OF DELAWARE 1149
Although all of these employees might well be included in a unit com-
posed of production and maintenance employees, the testimony indi-
cates that their work is sufficiently different from that of the regular
production and maintenance employees to warrant their exclusion.
We find that all production and maintenance employees on the pay
roll of the Company's Auxiliary Plants excluding supervisors, fore-
men; shop intile men, automobile truckers and helpers, plant restau-
rant employees, plant policemen and watchmen, office janitors, chem-
ists, technicians and others who run tests'in the laboratory, laboratory
messengers who are apprentice testers, and clerical employees includ-
ing those who perform the combined duties of inventory and shipping
clerks, and also excluding Thomas Mulligan, Donald Foos, Ken Al-
bright, Edwin Erb, and Lewis Burke, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will in-
sure to employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise effectuate
the policies''of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The parties stipulated that the pay roll of May 13, 1939, might be
used by the Board either for purposes of certification or election.
Local No. 347 claimed to represent a majority of the employees in
the unit found appropriate and introduced in evidence in support of
its claim authorizations designating the P. W. 0. C. as exclusive rep-
resentative and dues receipts issued by Local No. 347 of a majority of
the employees on the pay roll of May 13, 1939, in the appropriate
unit. The Company admitted the validity of the signatures on the
authorization cards and did not challenge the authenticity of the rec-
ords showing payments of dues. However, the Company objected to
both the cards and dues receipts on the grounds that the authoriza-
tion cards had been solicited and signed and dues had been paid on
the premises of the Auxiliary Plants during working hours in viola-
tion of the rules of the Company and that the authorization cards
designate the P. W. 0. C. as representative, while it is Local No. 347
which seeks certification.
Under the circumstances we find that the question concerning rep-
resentation can best be resolved through an election by secret ballot,
and we shall so direct Ie
18 See Matter of Armour ct Company and United Packinghouse Workers, Local Industrial
Union No 13 of Packinghouse Workers Organizing Committee. 13 N. L. R B 567;
Matter of Cudahy Packing Company and United States Packinghouse Workers of America,
Local No. 21, of the Packinghouse Workers Organizing Committee, 13 N. L. R B 520.
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and upon the.entire
record in the case, the Board makes the following : '
CONCLUSIONS OF LAW
1. A question affecting commerce has'arisen concerning the repre-
sentation of employees of Armour & Company at the Armour &
Company Auxiliary Plants, Chicago, Illinois, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All production and maintenance employees on the pay roll of
the Company's Auxiliary Plants, excluding supervisors, foremen,
shop mule men, automobile truckers and helpers, plant restaurant
employees, plant policemen and watchmen, office janitors, chemists,
technicians and others who run tests in the laboratory, laboratory
messengers who are apprentice testers, clerical employees including
those who perform the combined duties of inventory and shipping
clerks, and also excluding Thomas Mulligan, Donald Foos, Ken
Albright, Edwin Erb, and Lewis Burke, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Armour
& Company of Delaware at the Armour & Company ' Auxiliary
Plants, Chicago, Illinois, an election by secret ballot shall be
conducted within fifteen (15) 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 Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among all production and maintenance em-
ployees listed on the pay roll of the Company's Auxiliary Plants
for May 13, 1939, including employees who did not work during
that pay-roll period because they were ill or on vacation, and also
any employees who have been employed by the Company between
May 13, 1939, and the date of this Direction of Election, but exclud-
jng supervisors, foremen, shop mule men, automobile truckers and
ARMOUR & COMPANY OF DELAWARE 1151
helpers, plant restaurant employees, plant policemen and watchmen,
office janitors, chemists, technicians and others who run tests in the
laboratory, laboratory messengers who are apprentice testers, and
clerical employees including those who perform the combined duties
of inventory and shipping clerks, and also excluding Thomas Mul-
ligan, Donald Foos, Ken Albright, Edwin Erb, and Lewis Burke,
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Packing House Workers, Local Industrial Union No. 347, Division 8,
of the Packing House Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, for the purposes of
collective bargaining.
MR. EDWIN S. SMITH, .dissenting :
For reasons stated by me in several previous cases 11 I would certify
,Local No. 347 upon the record, rather than hold an election. In view
of the fact that the majority of the Board has committed itself to
holding an election under circumstances such as are present here,
however, I shall not hereafter consider it necessary in individual
cases to register my dissent to that policy.
'Matter of Cudahy Packing Company and United Packinghouse Workers of America,
Local No. 21, of the Packinghouse Workers Organizing Committee, 13 N. L. R. B. 526;
Armour ct Company and United Packinghouse Workers, Local Industrial Union No. 13 of
Packinghouse Workers Organizing Committee, 13 N. L R. B. 567; Alpena Garment
Company, Inc. and International Ladies Garment Workers Union, 13 N. L. R. B. 720;
Isthmian Steamship Company and Commercial Telegraphers Union, Marine Division,
A. F of L., 13 N. L. R B 969.
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