Armour Creameries

National Labor Relations Board - Board Decisions

Oct 2, 1942

44 N.L.R.B. 755 (N.L.R.B. 1942)

In the Matter of ARMOUR AND COMPANY, A CORPORATION, OPERATING
UNDER THE TRADE NAME OF "ARMOUR CREADIERIES" and INTERNATIONAL
BRO'rmu MOOD- -OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS, LOCAL 215, A. F. OF L. -
Case No. R-4097.-Decided October 0, 1942
Investigation and Certification- of Representatives : stipulation for certification
upon consent election. - -
Mr. Paul 9. Blain eh ard, for the Company.
Mr. Irvin Ralph, for the Union..
Miss Viola James, of counsel to the Board.
DECISION
AND
CERTIFICATION OF. REPRESENTATIVES
Upon petition and amended petition duly filed by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers,
Local 215, affiliated with American Federation of Labor, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Armour and Company,
a corporation, operating under the trade name of "Armour Cream-
eries," herein called
,
the Company, engaged in the distribution of
dairy products at Owensboro, Kentucky, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice.
On September 8, 1942, before a hearing was held, the Company, the
Union, and the Regional Director and Field Examiner for the Elev-
enth 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 September 10, 1942, under the direction and supervision
of the Regional Director, among the truck drivers and housemen
in the Owensboro plant of the Company, who were employed during,
the pay-roll period August 29, 1942, excluding supervisory and clerical,
employees, to determine whether or not said employees desired to
be represented by the Union for the purposes of collective bargaining.
On September 11, 1942, the Regional Director issued and duly served
upon the parties an Election Report on the ballot. No objections to
the conduct of the election or the Election Report have been filed
by any of the parties.
44 N. L. R. B., No. 144.
755
756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list__________________________----------------------------------------- 5
Total ballots cast ----------------------------------- =_____- 5
Total ballots challenged___________________________________
Total blank ballots________________________________________
Total void ballots______________________________________'___
Total valid votes counted------------------------------------
Votes cast for International Brotherhood of Teamsters, Chauf-
feurs,, Warehousemen and Helpers of America, Local 215,
affiliated with the A. F. of L_____________________________
Votes cast against International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, Local
4
215, affiliated with the A. F. of L_________________________
We find it unnecessary to pass on the challenged ballot since it cannot
affect the result of the election:,''
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the -Board makes the following :
FINDINGS Or'FACT
1. A question affecting commerce'has, arisen concerning the 'repre;
sentation-of employees of Armour and Company, a corporation, oper'-
ating under' the trade name "Armour Creameries," Owensboro, Ken-
tucky, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the' National Labor Relations Act. .-
2. All truck drivers-and housemen in the Company's -Owensboro
plant, excluding supervisory and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the,,
meaning of Section 9 (b) of the Act.
3. International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers, Local 215, affiliated with the A. F. of L:, has been
designated and selected by a majority of the employees in the above
unit asgtheir representative for the purposes of collective bargaining
and is the exclusive representative of all employees in 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 International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers, Local 215, A. F. of L., has-'
been designated and selected by a majority of the truck drivers and
housemen at the Owensboro plant of Armour and Company, a "cor-
ARMOUR AND COMPANY 757
poration, operating under the trade name of "Armour Creameries,"
Owensboro, Kentucky, excluding supervisory and clerical employees,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, International Brotherhood
of Teamsters, Chauffeurs;-Warehousemen and Helpers, Local 215,
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 employment and other conditions of employment.
MR. Wm. M. LEisERsoN took no part in the consideration of the above
Decision and Certification of Representatives.
I