Armour Creameries

National Labor Relations Board - Board Decisions

Aug 15, 1942

43 N.L.R.B. 260 (N.L.R.B. 1942)

In the Matter of ARMOUR AND COIIIPANY , A CORPORATION OPERATING
UNDER THE TRADE NAME OF ARMOUR CREAMERIES and DAIRY AND ICE
CREAM EMPLOYEES , LOCAL UNION # 783, OF INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF
AMERICA , AFFILIATED WITH THE A . F. OF L.
Case No: R-it117.-Decided August 15,19-112
Investigation and Certification of Representatives : stipulation for certification
upon consent election
'
,111r. J. C. Clark, for the Board.
Mr. Paul E. Blanchard, of-Chicago, Ill., for the Company.
Mr. Pat_Ansbourj, of Louisville, Ky., for the United.
Mr; Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF TILE CASE
Upon petition and amended petition duly filed by Dairy and Ice
Cream Employees , Local Union #783, of International Brotherhood
of Teamsters , Chauffeurs , Warehousemen and Helpers of America,
herein called the Union , alleging that a question affecting commerce
had arisen concerning the representation of employees of Armour and
Company, operating under the trade name of Armour Creameries,
herein called the Company , engaged in New Albany, Indiana, in the
creamery business , the National Labor 'Relations Board provided for
an appropriate hearing upon due notice. On July 21, 1942 , before a
hearing w as held, the Company, the Union , and the Regional Director
for the Eleventh Region , ( Indianapolis, Indiana ) entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation , an election by secret ballot Was con-
ducted' on July 24 , 1942, under the direction and supervision of the
Regional Director , among all production workers in the plant and
truck- drivers , excluding supervisory and clerical employees, to de-
termine whether or, not they desired to be represented by the Union
for the purposes of collective bargaining . On July 27 , 1942, the
43 N L'R B, No. 33.
260
ARMOUR AND COMPANY 261 ,
Regional Director issued and duly served upon the parties an Election'
Report. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director'reported
as follows :
Total on eligibility list --------------------------------------- .5
Total ballots cast---------------------------------------------------- 5
Total ballots challenged _____________________________________ 0
Total blank ballots------------------------------------------- 0
Total void ballots ------------------------------------------- 0
Total valid votes counted ------------------------------------- 5
Votes cast for Dairy and Ice Cream Employees , Local Union
#783, of International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America , ( A F. of 5
Votes east against Dairy and Ice Cream Employees , Local Union
#783 of International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America , ( A. F. of L) -------- 0
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Armour and Company, operating under the
trade name of Armour Creameries, New Albany, Indiana, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
'2. All production workers at the plant and truck drivers of the Com-
pany, excluding supervisory and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
3. Dairy and Ice Cream Employees, Local Union #783, of Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, affiliated with the A. F. of L., has been designated
and selected by a majority of the employees in the unit set forth in
paragraph 2 above as their representative for, the purposes of col-
lective bargaining and is the exclusive representative of all employees
ili'said unit, within the meaning of Section 9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES '
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,
IT IS HEREBY CERTIFIED that Dairy and Ice Cream Employees, Local
Union #'783, of International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, affiliated with the A. F. of L.,
262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has been designated and.selected by a majority of all production work-
ers at the plant and- truck drivers of Armour and Company, operating
under the trade name of Armour Creameries, New Albany , Indiana,
excluding supervisory and clerical employees , as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9_ (a) of the Act, Dairy and Ice Cream Employees, Local Union
#783, of International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America , affiliated with the A . F. of L., is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages , hours of em-
ployment, and other conditions of employment.