Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Dec 20, 1940

28 N.L.R.B. 705 (N.L.R.B. 1940)

In the Matter of CUDAHY PACKING COMPANY and LOCAL #123,
UNITED PACKINGHOUSE WORKERS OF AMERICA, OF PACKINGHOUSE
WORKERS ORGANIZING COMMITrEE (C. I. 0.)
Case No. R-2179.-Decided December 20, 1940
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding foremen, supervisors , clerical and office employees, and
truck drivers.
Mr. Thomas Creigh, of Chicago, Ill., for the Company.
Mr. John J. Brownlee, and Mr. Sigmund Wlodarczyk, of Chicago,
Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 18, 1940, Local #123, United Packinghouse Work-
ers of America, of Packinghouse Workers Organizing Committee
(CIO), herein called the Union, filed with the Regional Director for
the Thirteenth Region (Chicago, Illinois) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Cudahy Packing Company, Chicago, Illinois,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On No-
vember 26, 1940, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) and Articles III, Section
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On November 28, 1940, the Regional Director issued a notice of
hearing, 'copies of which were duly served upon the Company and
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705
706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Union. Pursuant to notice, a hearing was held on December
5, 1940, at Chicago, Illinois, before Charles F. McErlean, the Trial
Examiner duly designated by the Board. The Company was repre-
sented by counsel, the Union by its representatives; both participated
in the hearing. Full opportiinityto be heard, to examine and cross-
examine-ii,itnesses, 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 inotions and on objections to
the admission of evidence. `The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon'the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Cudahy Packing Company is a Maine corporation having its prin-
cipal executive offices in Chicago, Illinois. It maintains a plant in
South Chicago, Illinois, With which we are here 'concerned. Ap-
proximately 90 per cent of all the products processed at the South,l
Chicago plant are shipped to it f.rom' points outside the State of
Illinois. 'The Company sells finished products from its South Chi-
cago plant valued at $500,0.00. annually, approximately 50, per, cent
of which are shipped by it to points outside the State of Illinois.
The Company admits that the South Chicago plant is engaged in
commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
Local #123, United Packinghouse Workers of. America, of Pack-.11
inghouse ' Workers Organizing Committee, ' is a la10
1
bor organization
affiliated with the Congress of Industrial Organizations. It admits
to membership all production and maintenance employees, at the
South" Chicago plant of the Company, excluding ' foremen, super-
visors, clerical, and office employees, and truck drivers.
III. THE QUESTION CONCERNING REPRESENTATION
During October 1940, the Union, claiming to represent a majority
of the employees at the South Chicago plant of, the Company, re-
quested exclusive recognition. This request was denied. A state-
ment of the Trial Examiner read into the record at the hearing
shows that the Union represents a substantial, number of the employ-
ees in the unit which it alleges is appropriate."
1 The Trial Examiner ' s statement shows that 72 employees at the South Chicago plant of
the Company have signed applications in the Union . There are approximately 150
employees in the alleged appropriate unit
CUDAHY PACKING COMPANY 7.07
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate,, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to 1abor "disputes -burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
at the South Chicago plant of the Company, excluding foremen,
supervisors, clerical and office employees, and truck drivers, consti-
tute, an appropriate unit. The Company took no position with
respect to the unit. We see no reason for departing from the desires
of the Union.
We, find that all production and maintenance employees at the
South Chicago plant of the Company, excluding foremen, super-
visors, clerical and office employees, and truck' drivers, constitute a
unit appropriate for the purposes, of collective bargaining, and
that such 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
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The
Union stated that in the event the Board directed an election it
desired that the pay roll immediately preceding the date of the Direc-
tion be used to determine eligibility to vote. The Company took the
position that this was a question for the- Board. We find, that the
employees of the Company eligible to -vote in the, election, shall be
those employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees, who did not work during such pay-roll, period
because they were ill or on vacation and employees who were then
or have since been temporarily laid off, but excluding those who have
since quit or been discharged for cause.
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708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees at the South Chicago plant of Cudahy
Packing Company, Chicago, Illinois, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. ,All production and maintenance employees at' the South 'Chi-
-cago plant of the Company, excluding foremen, supervisors, clerical
and office employees, and truck drivers, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
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 At, 49 (Stat. 449, and pursuant to Article III, Section 8
of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Cudahy Packing Company, Chicago, Illinois, 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 Thirteenth Region,
acting in this matter, as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations; among all production and maintenance employees at the
South Chicago plant of the Company who were employed during
the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during such pay-roll
period because they were ill or on vacation and employees who were
then or have since been temporarily laid off, but excluding foremen,
supervisors, clerical and office employees, truck drivers, and employ-
ees who have since quit or been discharged for cause, to determine
.whether or not they desire to be represented by Local #123, United
Packinghouse Workers of America, of Packinghouse Workers Or-
ganizing Committee, affiliated with the Congress of Industrial
Organizations for the purposes of collective bargaining.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Decision and Direction of Election.