Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Nov 5, 1937

4 N.L.R.B. 39 (N.L.R.B. 1937)

In the Matter of CUDAHY PACKING COMPANY and PACKING HOUSE
WORKERS UNION LOCAL No. 5, AMALGAMATED MEAT CUTTERS AND
BUTCHER WORKMEN OF NORTH AMERICA
Case No. R-318
AMENDMENT TO DIRECTION OF ELECTION
November 5, 1937
On October 28, 1937, the National Labor Relations Board, herein
called the Board, issued a Direction of Election in the above-entitled
proceeding,' the election to be held within ten days from the date of
the Direction, under the direction and supervision of the Regional
Director for the Second Region (New York, New York). The Board
having been advised by the Regional Director that a longer period is
necessary, hereby amends the Direction of Election issued on October
28, 1937, by striking therefrom the words, "within a period of ten
(10) days after the date of this Direction", and substituting therefor
the words, "within a period of fifteen (15) days after the date of
this Direction".
[SAME TITLE ]
Decision , December 30, 1937
Meat Packing Industry-Investigation of Representatives : controversy con-
cerning representation of employees ; rival organizations ; controversy as to
appropriate bargaining units-Unit Appropriate for Collective Bargaining: all
employees except mechanical employees, teamsters , clerical and supervisory
employees ; no controversy as to-Election' Ordered-Certification of Repre-
sentatives.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 27, 1937, Packing House Workers Union Local No. 5,
Amalgamated Meat Cutters and Butcher Workmen of North America
herein called the Amalgamated, filed with the Regional Director for
the Second Region (New York City) a petition alleging that a
question affecting commerce had arisen concerning the representation
Of employees of Cudahy Packing Company, Jersey City, New Jersey,
herein called the Company, and requesting an investigation and
13 N L. R B 930
67573-38-vol iv-4 39
40 NATIONAL LABOR RELATIONS BOARD
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On September 16, 1937, 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 Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On September 20, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Amalgamated, and upon the Independent Packing House Work-
ers of Jersey City, herein called the Independent, a labor organiza-
tionfclaiming to represent employees directly affected by the investi-
gation. The Regional Director issued on September 23, 1937, an
amended notice of hearing and on October 4, 1937, a second amended
notice of hearing, copies of both of which were duly served upon all
parties. Pursuant to the notices, a hearing was held on October 4,
1937, at New York City, before H. R. Korey, the Trial Examiner
duly designated by the Board. The Board, the Company, the
Amalgamated and the Independent were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and to cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. During the course
of the hearing the Trial Examiner made several 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 prej-
udicial errors were committed. The rulings are hereby affirmed.
After examining the record in the case, the Board concluded that
a question affecting commerce had arisen concerning the representa-
tion of employees of the Company, and on the basis of such conclu-
sion, and acting pursuant to Article III, Section 8 of said Rules and
Regulations-Series 1, as amended, issued a Direction of Election on
October 28, 1937, in which it found that all employees of the Com-
pany at its Jersey City, New Jersey, plant, excluding mechanical
employees, teamsters, clerical, and supervisory employees, constituted
a unit appropriate for the purposes of collective bargaining. For the
purpose of expediting the election and thus insuring to the employees
of the Company the full benefit of their right to collective bargain-
ing as early as possible, the Board directed the election without at
the same time issuing a decision embodying complete findings of
fact and conclusions of law. On November 5, 1937, the Board issued
an amendment to Direction of Election which extended the period
within which the election was to be held.
Exceptions to the Direction of Election were filed with the Board
on November 8, 1937, by the Company and by the Independent.
DECISIONS AND ORDERS 41
After consideration of the exceptions, the Board directed the Re-
gional Director for the Second Region to proceed with the election
,in accordance with its direction.
Pursuant to the Board's Direction of Election and the amendment
thereto, an election by secret ballot was conducted on November 10,
1937, by the Regional Director for the Second Region among the
employees of the Company constituting the bargaining unit found
appropriate by the Board. On November 22, 1937, the Regional
Director issued and duly served upon the parties to the proceeding
her Intermediate Report upon the secret ballot. The Company and
the Independent each filed exceptions to the Intermediate Report.
One exception, filed by the Independent and by the Company, was
based upon use of the pay roll furnished by the Company at the
hearing to determine the eligibility to vote. As to this, it is to be
noted that such pay roll was used at the hearing to determine what
persons were eligible to vote on the date in question and at that time
the parties to the proceedings raised no objection. Another excep-
tion, filed by the Independent, was made upon the ground that there
is in existence a contract between the Company and the Independent
and certification as recommended in the Intermediate Report would
impair the obligations tinder the contract. Neither the Company nor
the Independent introduced evidence of any contract at the hearing,
although they had full opportunity to do so. They are, therefore,
estopped from raising such objection at this time. The Company
and the Independent also contend that certification of representatives
is not proper since the total votes cast at the election were less than
a majority of the employees of the Company in the appropriate unit.
This objection is fully answered by the Board in a prior decision where
a like objection was raised.
The Board has given careful consideration to the exceptions of the
Company and the Independent and finds that no substantial and
material issues with respect to the conduct of the Ballot or to the
Intermediate report are raised thereby.
As to the results of the secret ballot, the Regional Director reported
as follows :
Total number of ballots cast_________________________________ 107
Total number of votes in favor of Amalgamated Meat Cutters
and Butcher Workmen of N A., Local No. 5, A F of L______ 95
Total number of votes in favor of Independent Packing House
Workers Union of Jersey City____________________'__________ 6
Total number of votes in favor of neither organization-------- 4
Total number of blank votes_________________________________ 0
Total number of void ballots_________________________________ .2
Total number of challenged ballots___________________________ 0
1 Matter of R C A. Aranufactioing Company, Inc, and United Electrical and Radio
Workers of America, 2 N. L R. B 168
42 NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the fol-
lowing:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a corporation organized in 1915 under the laws
of the State of Maine. It is engaged principally in the purchase of
iivestock. for slaughter, the slaughter of livestock, and the sale of
meat and various by-products. The Company purchases in addi-
tion to livestock various articles necessary in connection with its
business. The greater percentage of all finished products are shipped
outside New Jersey. The Company employs 32 salesmen, 12 of
whom operate in New York.-
Counsel for the Company stated that the normal weekly slaughter
at the Jersey City plant was 1,000 calves, 6,000 sheep and 1,000
cattle. He added that the Company purchased all the livestock
outside New Jersey and that the livestock was transported to the
Jersey City plant principally by rail. He stated also that the edible
products are sold mostly to supply the Kosher trade of the New York
Harbor District and that an amount in excess of 50 per cent of the
beef production was sold to Kosher butchers of New York.
II. THE ORGANIZATIONS INVOLVED
Packing House Workers Union Local No. 5, Amalgamated Meat
Cutters and Butcher Workmen of North America, is a labor organiza-
tion affiliated with the American Federation of Labor. It admits
to membership all the employees of the Company at its Jersey City
plant, exclusive of mechanical employees, teamsters, clerical and su-
pervisory employees.
The Independent Packing House Workers of Jersey City is an
independent labor organization. It is not clear what its eligibility
requirements are.
III. THE QUESTION CONCERNING REPRESENTATION
The Amalgamated claimed to represent a majority of the em-
ployees of the Company constituting the appropriate unit. The In-
dependent, on the other hand, contended that the Company has recog-
nized it as the collective bargaining agency in the Jersey City plant
and that it had been acting for the employees for a period of several
months. No evidence was presented as to any contract between the
Company and either union.
We find that a question has arisen concerning representation of
employees of the Company.
2 The above facts concerning the business of the Company were stipulated to by the
Company.
DECISIONS AND ORDERS 43
IV. IHE EFFECT OF THE QUESTION CONCERNING REPRESENTA'IION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section h 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. -
V. THE APPROPRIATE UNIT
In its petition the Amalgamated alleged that all the cattle butchers,
sheep butchers, calf butchers, skinners, wool workers, casing work-
ers, ice box men, hide seller men, meat cutters, luggers, and other
packing house workers, excluding mechanical employees, teamsters,
clerical and supervisory employees, 'constitute a unit appropriate
for the purposes of collective bargaining. At the hearing the Amal-
gamated stated that all the employees of the Company, exclusive of
the mentioned exceptions, constitute an appropriate bargaining unit.
The Company and the Independent raised no objection at the hearing
to the unit contended for by the Amalgamated.
We find that all the employees of the Company at its Jersey City,
New Jersey, plant, excluding mechanical employees, teamsters, cleri-
cal and supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure 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 petition filed by the Amalgamated stated that there were ap-
proximately 325 employees of the Company in the appropriate unit
and the Amalgamated claimed to represent a majority of such
employees. It submitted in evidence 120 cards of application for
membership in the Amalgamated. A comparison of the cards and
the Company's pay roll of July 27, 193'7, indicated that 113 were
cards of persons employed by the Company on July 27. The Inde-
pendent introduced no evidence supporting its claim that it repre-
sented employees of the Company.
Since the Board found it impossible to determine the desires of a
majority of the employees in the appropriate unit from the evidence
submitted at the hearing, an election was ordered. The results of
said election are set forth above.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
44 NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of.employees of Cudahy Packing Company, Jersey City,
New Jersey , within the meaning of Section 9 (c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. All the employees of the Company at its Jersey City, New
Jersey, plant , excluding mechanical employees , teamsters , clerical
and supervisory employees ,- constitute a unit appropriate for the pur-
poses of collective bargaining , within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. Packing House Workers Union Local No. 5, Amalgamated Meat
Cutters and Butcher Workmen of North America, is the exclusive,
representative of all the employees in such unit for the purposes of
collective bargaining , within the meaning of Section 9 ( a) of the
National Labor Relations 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 Rela-
tions Act , and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Packing House Workers Union Local
No. 5, Amalgamated Meat Cutters and Butcher Workmen of North
America, has been designated and selected by a majority of all the
employees of Cudahy Packing Company, Jersey City, New Jersey, at
its Jersey City, New Jersey, plant , excluding mechanical employees,
teamsters , clerical and supervisory employees , as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the Act, Packing House Workers Union
Local No.. 5, Amalgamated Meat Cutters and Butcher Workmen of
North America, 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.