Emge and Sons

National Labor Relations Board - Board Decisions

Aug 17, 1942

43 N.L.R.B. 273 (N.L.R.B. 1942)

In the Matter of PETER EMGE , BARBARA EMGE, OSCAR EMGE, THERESA
EMGE, RALPH EMGE, CONRAD L. ELPERS, CHRISTINA ELPERS, URBAN
P. REISING AND ALMA REISING, DOING BUSINESS AS EMGE AND SONS and,
AMALGAMATED MEAT CUT'T' ERS AND BUTCHER WORKMEN OF NORTH
AMERICA, LOCAL No. 237, AFFILIATED WITH TIIE A. F. OF L.
Case No. R-4082.Decided August 17, 10 42
Jurisdiction: edible meat products manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to recognize either of competing, labor organizations until certified by
the Board; election necessary.
Unit Appropriate for Collective Bargaining : production• and maintenance em-
ployees, excluding supervisory and clerical employees, salesmen, and casual
labor employed as'hide shakeis; stipulation as to.
Mr. Isidor Kahn, of Evansville, Ind., for the Company.
Mr. Louis B. Daniels, of Louisville, Icy.,, and Mr. Connie Williams,
of Terre Haute, Incl., for the Ammalgamated.
Mr. James Robb, of Indianapolis, Ind., and Mr. S. R.. Woodruff,
of Fort Branch, Ind., for the P. W. O. C.
Miss 11!ameia Hertsmarle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters and Butcher
Workmen of North America, Local No. 237, affiliated with the A. F. of
L., herein called the Amalgamated, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Peter Emge, Barbara Emge, Oscar Emge, Theresa Emge, Ralph
Emge, Conrad L. Elpers, Christina Elpers, Urban P. Reising and
Alma Reising, doing business as Emge and Sons, Fort Branch, Indi-
ana, herein called the Company, the National Labor Relations 'Board
provided for an appropriate hearing upon due notice before Arthur
R. Donovan, Trial Examiner. Said hearing was held at Evansville,
Indiana, on July 30, 1942. The Company, the Amalgamated, and
Packinghouse, Workers Organizing Committee, Local No. 172, affili-
43 N. L. R. B., No. 36. ,
273
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274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ated with the C. I. 0., herein called the P. W..O.-C., appeared, partici-
pated, and 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Einge and Sons is a partnership engaged in the manufacture of
edible meat products and byproducts at Fort Branch, Indiana. Its,
raw products consist'principally.of-cattle, hogs, calves, and sheep. It
purchases annually in excess of $100,000 worth of such products, ap-
proximately 50 percent of which is obtained from sources outside the
State of Indiana. The Company's annual sales total more than
$150,000. About 50 percent of this amount represents the sale of
products shipped to points outside the State' of Indiana.
H. THE ORGANIZATIONS INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica Local No . 237,- is a labor organization affiliated with the American
Federation of Labor, admitting , to membership employees of the
Company. '
Packinghouse Workers Organizing Committee , Local No. 172, is 'a;
labor organization affiliated with the Congress of Industrial Organi-
zations , admitting to meinbership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Amalgamated and the'P. W. O. C. claim to represent the Com-
pany's employees. The Company refuses to recognize either until it
has been certified by the Board.
A statement 'of the Regional Director, introduced in evidence, at
the hearing shows' that the-Amalgamated and the P. W. O. C. each
represents a substantial' number of employees 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 meIlniug
' The Regional Director reported that the Amalgamated submitted 170 application cards,'
including S duplications,'' 71 beating apparently genuine. onginil sigiiatui es, and 154 bear-,
ing names of persons listed on the Company a pay toll for the penod from Februaiy 21 to
March 7, 1942.
The P AV O - C "submitted 140 membership `cards, including 40 duplications, all bearing
apparently genuine, original signatures, and 99 bearing names of .pen sons -listed oh ,the
above-mentioned pay roll, %xhich contains the navies of 294 persons
EATGE AND SO--\-'S 275
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
I4. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance 22 employees of the Company, excluding
supervisory and clerical employees, salesmen, and casual labor em-
ployed as hide shakers,' constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of
the Act'
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which liras
arisen can best be resolved by an election by secret ballot. The
Amalgamated and the P. W. O. C. desire that the pay roll of July
28, 1942, be used to determine eligibility of employees' to vote. The
Company desires that a current pay roll be used. It appears that
the number of employees has been gradually increasing since Decem-
ber 1941, at which, time there were approximately 300 to 350 em-
ployees. At the time of the hearing there were about 412 employees.
In view of the gradual increase in personnel, and in accordance with
our usual practice, we shall direct that the employees of the Com-
pany eligible to vote in the election shall be those 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. -
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, 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 to ascertain repre-
sentatives for the purposes of collective bargaining with Peter Emge,
Barbara Emge, Oscar Emge, Theresa Emge, Ralph Emge, Conrad L.
Elpers, Christina Elpers, Urban P. Reising and Alma Raising, doing
business as Emge and Sons, Fort Branch, Indiana, an election by
2 The parties stipulated at the hearing that firemen are to be considered as maintenance
employees
3 Hide shakers w ere described at the hearing as persons called in about once a month
to shake, fold, wrap , and load hides into cars. These employees vary from month to
month
* The parties stipulated that about 10 or 12 employees , who spend approximately half
their time in selling merchandise and the remainder in sewing as truck di ivei s , should be
included within the unit
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Eleventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, 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
immediately preceding the date of this Direction, including any such
employees who did not work during said pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding any
who have since quit or been discharged for cause, to determine
whether they desire to be represented by, Amalgamated, Meat Cut-
ters and,Butcher Workmen of North America, Local No. 237, affili-
ated with the A. F. of L., or by Packinghouse Workers Organizing
Committee Local No. 172, affiliated with the C. I. 0., for the pur-
poses of collective bargaining,, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.