Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Feb 9, 1942

38 N.L.R.B. 1009 (N.L.R.B. 1942)

In the Matter Of CUDAHY PACKING COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. R-3451.Decided February 9, 1942
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition ; conflicting claims of rival representatives ;
closed-shop contract for one year, and from year to year thereafter unless
terminated upon thirty days notice, held no bar to, where both the Company
and the contracting union had notice of the rival union's claim prior to the
renewal date, and since the original term of the contract has expired ; eligibility
to be determined by the pay roll preceding the expiration of the contract;
election necessary.
Unit Appropriate for Collective Bargaining : all production employees of the
Company, including coopers, but excluding chauffeurs, watchmen, mechanics,
roustabouts, engineers, firemen, supervisors, managerial employees, office clerks,
carpenters, and electricians ; "shochtim" and weighmasters excluded from the
unit hitherto found appropriate, excluded from the present unit in the absence
of any showing by the union desiring their inclusion that such employees have
designated the union as bargaining agent.
Mr. Frederick R. Livingston, for the Board.
Mr. Louis F. Gerber, of Jersey City, N. J., for the Company.
Mr. Samuel L. Rothbard, of Newark, N. J., for the C. I. O.
Mr. Jacques Buitenkant, of New York City, for the A. F. of L.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 14, 1941, Packinghouse Workers Organizing Commit-
tee, affiliated with the Congress of Industrial Organizations, herein
called the C. I. 0., 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 certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
38 N.L.R B, No. 187.
1009
438861-42-vol. 38-65
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, 49 Stat. 449, herein called the Act. On January 30, 1941, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article 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 December 31, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the C. I. O. and upon Wholesale Meat Distributors Union, Local 640
of the Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the American Federation of Labor, herein
called the A. F. of L., a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on January 12, 1942, at Jersey City, New Jersey,
before James C. Paradise, the Trial Examiner duly designated by
the Chief Trial Examiner. The Board, the C. I. 0., and the A. F.
of L. were represented by counsel, and the Company by the plant
manager. Full opportunity to be heard, to examine and cross-exam-
ine 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 prejudicial errors were committed.
The rulings are hereby affirmed.
On January 31, 1942, the A. F. of L. filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cudahy Packing Company is principally engaged in the purchase
and slaughter of livestock and the sale of meat and various byprod-
ucts. The Company operates a plant at Jersey City, New Jersey,
the only plant involved in this proceeding.
During the period between June 15, 1941, and December 15, 1941,
the Company received weekly at its Jersey City plant approximately
1,000 cattle, 6,000 lambs, and 800 calves, 90 percent of which were
purchased and brought to the Company's plant from points outside
New Jersey. During the same period the Company shipped weekly
from its plant 850 cattle, 5,000 lambs, and 700 calves, 90 percent of
which were shipped to points outside New Jersey. The Company
admits that it is engaged in commerce within the meaning of the Act.
CUDAHY PACKING COMPANY 1011
H. THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
Wholesale Meat Distributors Union, Local 640 of the Amalgamated
Meat Cutters and Butcher Workmen of North America, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 14, 1941, the Board certified the A. F. of L. as the sole
bargaining agent of the Company's production employees. There-
upon the A. F. of L. and the Company entered into a closed-shop
contract covering such employees. The contract provided that it
should be in effect for 1 year and should be automatically renewable
thereafter from year to year unless terminated by either party on 30
days' notice.
On October 1, and again on November 13, 1941, the C. I. O. asked
the Company for a bargaining conference, alleging that it represented
a majority of the Company's production employees. The Company
did not reply to either letter. On November 14, 1941, the C. I. O. filed
the petition in this proceeding. Since the original term of the con-
tract between the A. F. of L. and the Company has already expired,
and since both the Company and the A. F. of L. had notice of the
claim of the C. I. O. to represent a majority of the Company's em-
ployees before the effective renewal date of the contract, it is clear
that the contract between the A. F. of L. and the Company constitutes
no bar to an investigation of representatives at this time.
A statement prepared by the Regional Director and introduced into
evidence indicates that the C. I. O. and the A. F. of L. each represents
a substantial number of employees in the appropriate unit.2
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 operation of the Company
I See Matter of The Cudahy Packinq Co and Packinghouse Worbers Oiganczcng Commit-
tee, a ffiliated with the Congress of Industntal Organizations, 28 N L R B 369
2 The C I 0 submitted to the Regional Director 151 authorization cards, all dated in
1941, 115 of which bear names of employees on the pay roll of November 22, 1941 The
A F of L submitted a copy of its closed-shop agreement with the Company, expiring Janu-
ary 13, 1942 The A F of L submitted no other evidence to disclose that it represented
any employees of the Company. There are about 274 production employees listed on the
November 22, 1941, pay -roll.
1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 labor disputes burdening and obstructing commerce and
the free flow of commerce.
V. THE APPROPRIATE UNIT
In the prior representation proceeding the C. I. 0., the A. F. of L.,
and the Company agreed, and the Board found, that all production
employees at the Company's plant, including coopers, but -excluding
chauffeurs, weighmasters, watchmen, mechanics, roustabouts, engi-
neers, firemen, supervisors, managerial employees, "shochtim," office
janitors, office clerks, carpenters, and electricians, constituted an appro-
priate unit.
In its petition filed in the instant proceeding the C. I. 0. contended
that "production employees" of the Company constituted an appro-
priate unit. At the hearing the C. I. 0. contended that the unit found
appropriate in the prior proceeding was appropriate for bargaining.
Such employees were covered in the closed-shop contract between the
A. F. of L. and the Company which terminated on January 13, 1942.'
The A. F. of L. contends that the above-described unit is appropriate,
except that "shochtim" and weighmasters, expressly excluded by agree-
ment from such unit in the prior proceeding, should now be included in
the unit with other production employees 4
The A. F. of L. has operated for the past year under a contract with
the Company for employees in the unit heretofore found appropriate.
Although the A. F. of L. would enlarge this unit to include "shoch-
tim" and weighmasters, two categories of employees hitherto excluded
from the bargaining unit, the A. F. of L. has not submitted any evi-
dence to disclose that "shochtim" or weighmasters desire collective
bargaining through a labor organization or have designated the
A. F. of L. as a bargaining agent. The C. I. 0. has not organized
such employees and does not desire that they be included in the bar-
gaining unit at this time. For these reasons we find no occasion to
alter the unit heretofore found to be an appropriate bargaining unit.'
We find that all production employees of the Company, including
coopers, but excluding chauffeurs, weighmasters, watchman, mechan-
8 Substantially the same employees were covered in a memorandum agreement between
the Company and another, union affiliated with the American Federation of Labor in 1940
4In August 1941, and again in October 1941, the A. F of L. requested the Company to
bargain on behalf of its "shochtim". The Company refused to bargain, contending that
such employees lay outside the scope of the ordinary bargaining contract The A F. of L
took no further action in the matter
5 Under these circumstances we need not consider at this time whether "shochtim" and
weighmasters could be appropriately included with other production employees in a single
bargaining unit. Cf. Matter of Interlake Iron Corporation and Local Union 1657, Steel
Workers Organizing Committee, C 1 0., 38 N L R B. 146
CUDAHY PACKING COMPANY 1013
ics, roustabouts, engineers, firemen, supervisors, managerial em-
ployees, "shochtim," office janitors, office clerks, carpenters, and elec-
tricians, constitute a unit appropriate for the purposes of collective
bargaining. We further find that said unit will insure to employees
of the Company the full benefit of their right to self-organization and
to collective bargaining, and will 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. We shall accordingly di-
rect an election by secret ballot.
The closed-shop agreement between the A. F. of L. and the Com-
pany terminated on January 13, 1942. The C. I. O. requests that the
pay roll preceding the expiration of this contract determine the eligi-
bility of employees to vote in the election. We shall grant this re-
quest.
Those eligible to vote in the election shall be employees in the ap-
propriate unit who were employed during the pay-roll period im-
mediately preceding January 13, 1942, subject to the limitations and
additions set forth in our Direction of Election.
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 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 Act.
2. All production employees of Cudahy Packing Company, Jersey
City, New Jersey, including coopers, but excluding chauffeurs, weigh-
masters, watchmen, mechanics, roustabouts, engineers, firemen, super-
visors, managerial employees, "shochtim," office janitors, office clerks,
carpenters, and electricians, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with Cudahy Packing Company, Jersey City, New Jersey, 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 of Election,
under the direction and supervision of the Regional Director for the
Second Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among all production employees of the Company
who were employed during the pay-roll period immediately preceding
January 13, 1942, including coopers and employees who did not work
during said pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding chauffeurs, weighmasters, watch-
men, mechanics, roustabouts, engineers, firemen, supervisors, man-
agerial employees, "shochtim," office janitors, office clerks, carpenters,
electricians, and employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by Pack-
inghouse Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, or by Wholesale Meat Distributors
Union, Local 640 of the Amalgamated Meat Cutters and Butcher
Workmen of North America, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.