Armour Creameries

National Labor Relations Board - Board DecisionsJan 10, 1946

65 N.L.R.B. 353 (N.L.R.B. 1946)

In the Matter of ARMOUR AND COMPANY, DOING BUSINESS AS ARMOUR CREAMERIES and GENERAL DRIvERs, CHAUFFEURS AND HELPERS, LOCAL UNION No. 886, AFL Case No. 16-R-1453.-Decided January 10, 1946 Mr. M. C. Stanley , of Chickasha , Okla., for the Company. Mr. A. J.. Moore , of Oklahoma City , Okla., for the Union. Mr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by General Drivers, Chauffeurs and Helpers, Local Union No. 886, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- senta tion of employees of Armour and Company, doing business as Arni;.nr Creameries, Chickasha, Oklahoma, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before William J. Scott, Trial Ex- aminer. The hearing was held at Chickasha, Oklahoma, on October 3, 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 o I. THE BUSINESS OF THE COMPANY Armour and Company, doing business as Armour Creameries, is an Illinois corporation. At its Chickasha, Oklahoma, plants, solely involved herein, the Company is engaged in the manufacture of cheese. During the 9-month period ending July 31, 1945, the Com- 65 N. I, R. B., No. 64. 353 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany purchased raw materials valued at $2,150,000. Only a small portion of the purchases was made outside the State of Oklahoma. During the same period, the Company sold $2,150,000 worth of fin- ished products, of which approximately 70 percent represented ship- ments to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED General Drivers , Chauffeurs and Helpers , Local Union No. 886, is a labor organization, affiliated with the American Federation of Labor, 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 certain of its 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 of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties are in agreement that all employees of the Company,2^ excluding office and clerical employees, solicitors and field men, farm route men, night watchmen, and supervisory employees, constitute in- appropriate unit. They are in disagreement, however, with respect to the inclusion of the assistant cheese maker, the assistant processing superintendent, and the engineer, the Company contending that they are supervisory employees who should be excluded, and the Union tak- ing the opposite position. Assistant cheese maker and assistant processing superintendent: The cheese maker and the processing superintendent are admittedly supervisory employees within the meaning of,the Board's definition. They are paid a weekly salary. The cheese maker supervises the cheese department and the processing superintendent the processing I The Field Examiner reported that the Union submitted 38 cards, and the record shows that there are approximately 40 employees in the appropriate unit. 2The Company's Chickasha, Oklahoma, plants include a curd plant and a processing plant. These plants are closely integrated and are under the same general supervision. The parties are in agreement that the appropriate bargaining unit should include em- ployees of both plants ARMOUR CREAMERIES 355 department. The assistant cheese maker and the assistant processing superintendent act in their absence. The assistant processing super- intendent also directs the work of small groups of employees while the processing superintendent is at the plant. There are approxi- mately six employees in each department. These assistants are hourly paid, and receive the same rate of overtime pay and the same privi- leges as the other hourly paid employees. Although the employer claims that they have authority to hire and discharge employees, the record shows no substantial evidence of such practice or that such ac- tion has been effectively recommended by either the assistant cheese maker or the assistant superintendent of the processing department. Accordingly, we shall include them in the unit.' Engineer: The engineer maintains the machinery of the plant in operating condition. He is hourly paid and receives the same rate of overtime pay and the same privileges as the other hourly paid em- ployees. The record does not show that the engineer regularly super- vises any employees. Accordingly, we shall include the engineer in the unit. We find that all employees at the Chickasha, Oklahoma, plants of the Company, including the assistant cheese maker, the assistant processing superintendent, and the engineer, but excluding office and clerical employees, solicitors and field men, farm route men, night watchmen, and all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES Although the Union stated at the hearing that it desired the Board to designate the Company's pay roll immediately preceding the date of the hearing as the proper pay roll for determining the eligibility of employees to vote, no persuasive reasons appear to warrant such a departure from our customary practice. Accordingly, we shall direct that the question concerning represen- tation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 8 See Matter of The Texas Company, 61 N. L. R B. 885 ; Matter of United Chemical & Organic Products Division and Central Chemical Division of Wilson & Co ., Inc., 63 N. L. R B. 160 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended , it is hereby DIxECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Armour and Company, doing business as Armour Creameries , Chickasha, Okla- homa, an election 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 direction and supervision of the Regional Director for the Sixteenth 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 employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction , including employees who did not work during 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 General Drivers, Chauffeurs and Helpers, Local Union No. 886 , AFL, for the purposes of collective bargaining.