Armour Creameries

National Labor Relations Board - Board DecisionsAug 24, 1945

63 N.L.R.B. 518 (N.L.R.B. 1945)

In the Matter of ARMOUR AND COMPANY, DOING BUSINESS AS ARMOUR CREAMERIES, MONETT, MISSOURI, and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L. Case No. 1P-R-1143.-Decided August 241, 1945 Mr. J. W. Post, of Chicago, Ill., and Mr. Ralph McCorkle, of Monett,, Mo., for the Company. Messrs. Leo LaFauce, and Marvin W. Cook, of St. Louis, Mo., both for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Amalgamated Meat Cutters and Butcher Workmen of North America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Armour and Company; doing business as Armour Creameries, Monett, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Margaret L. Fassig, Trial Examiner. Said hearing was held at Monett, Missouri, on June 23, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Armour and Company, an Illinois corporation during business as Armour Creameries, Monett, Missouri, is engaged at its Monett, Mis- souri, plant, the only plant involved in this proceeding, in the slaugh- 63 N. L R. B., No. 80. 518 ARMOUR AND COMPANY 519 tering of livestock and poultry and processing of such articles together with meat, produce, eggs, butter, and cream. During the year 1944, the Company purchased and sold at its Monett plant approximately 1,250,- 000 pounds of poultry and approximately 20,000 cases of eggs, and also handle approximately 20,000 pounds of butter fat in cream. Of the various food products other than cream presently handled by the Company's Monett plant, approximately 90 percent is under contract either directly or indirectly with the United States Government. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Amalgamated Meat Cutters and Butcher Workmen of North Amer- ica, affiliated with the American Federation of Labor, is a labor organ- ization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the ,exclusive bargaining representative of the Company's employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees within the meaning of Section 9 (c) and .Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with the parties, that all produc- tion and maintenance employees of the Company at its Monett, Mis- souri, plant, including the combination chauffeur driver-general plant worker, but excluding office and clerical employees, the plant super- intendent, the plant manager, and all other supervisory employees with -authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among' the em- I The Board agent reported that the Union submitted 52 cards dated in May 1945 and 1 undated card all of which bore apparently genuine original signatures . At the date of the hearing , there were approximately 40 employees in the unit alleged to be appropriate. 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD, ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the- Direction. DIRECTION OF ELECTION 6 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DrRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Armour and Com- pany, doing business as Armour Creameries, Monett, Missouri, an elec- tion by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period im- mediately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but 'excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Amalgamated Meat Cutters and Butcher Workmen of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. GEnAxn D. REILLy took no part in the consideration of the above Decision and Direction of Election.