Fryer and Stillman, Inc.

National Labor Relations Board - Board Decisions

Dec 23, 1952

101 N.L.R.B. 1333 (N.L.R.B. 1952)

FRYER AND STILLMAN, INC. 1333
ing policy, would have found appropriate a unit limited to the Em-
ployer's employees. For reasons stated in my dissent in Continental
Baking Co.,S I believe that the Board should likewise find such a unit
appropriate, upon the petition of the incumbent union, even though
the Employer desires to continue to bargain on a multiemployer basis.
As I pointed out at length in the Continental Baking case, the action
of my colleagues, in dismissing the petition filed in the instant case
by an incumbent union, represents a disparity in treatment which I
find it difficult to justify.
. MEMBER HOUSTON took no part in the consideration of the above
Decision and Order.
P 99 NLRB 777. The majority did not, in that case, pass upon the issue here presented
of the severability of a multiemployer unit upon the petition of the contracting or incumbent
union.
FRYER AND STILLMAN, INC. and UNITED PACKINGHOUSE WORKERS OF
AMERICA, CIO, PETITIONER
LITVAK MEAT COMPANY and UNITED PACKINGHOUSE WORKERS OF AMER-
ICA, CIO, PETITIONER
SIGMAN MEAT COMPANY AND ARVADA PACKING COMPANY and UNITED
PACKINGHOUSE WORKERS OF AMERICA, CIO, PETITIONER
PEPPER PACKING COMPANY and UNITED PACKINGHOUSE WORKERS OF
AMERICA, CIO, PETITIONER
ROCKY MOUNTAIN MEAT DEALERS ASSOCIATION, ET AL. and UNITED
PACKINGHOUSE WORKERS OF AMERICA, CIO, PETITIONER. Cases Nos.
30-RC-811, 30-RC-815, 30-RC-816, 30-RC-817, and 30-RC-820.
December 23, 1959
Decision , Order, and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Clyde F. Waers, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Members Houston, Styles, and Peterson].
Upon the entire record in these cases, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act.
101 NLRB No. 199.
1334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organizations involved claim to represent certain
employees of the Employers.'
3. A question affecting commerce exists in Case No. 30-RC-820 con-
cerning the representation of employees of the Employers within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
However, for the reasons set forth in paragraph 4, below, we find that
no questions affecting commerce exist in Cases Nos. 30-RC-811, 30-
RC-815, 30-RC-816, and 30-RC-817, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner primarily seeks to represent all production em-
ployees of the employer-members of the Rocky Mountain Meat Dealers
Association, hereinafter called the Association,2 in separate single-
employer units. Alternatively, it requests an election in a multi-
employer unit, if the Board finds such unit appropriate. The
Intervenor and the Employers are in agreement with the internal
composition of the various units sought. However, as to scope, the
intervenor contends that only a multiemployer unit is appropriate;
although the individual Employers maintained a neutral position at
the hearing, the Association expressed a desire for a multiemployer
unit.
The individual Employers here involved are meat packers or proces-
sors in the Denver, Colorado, area. They are all members of the
Mountain States Employers Council, herein called the Council, which
renders services in connection with matters concerning labor relations
to its members.3 During 1946, a representative of each of the
employer-members 4 of the Council at that time, acting as one group,
negotiated with the Intervenor. These negotiations resulted in the
execution of separate substantially identical contracts by each of these
Employers .5
Starting in 1947 a small committee, selected by the meat packer
members of the Council from among themselves, conducted contract
negotiations on behalf of all its members. After negotiations were
} Amalgamated Meat Cutters and Butcher Workmen of North America, Local No 641,
AFL, herein called the Intervenor , was permitted to intervene at the hearing on the basis
of its contractual relationship.
'The Association comprises the Employers in Cases Nos. 30-RC-811, 30-RC-815,
30-RC-816, and 30-RC-817, respectively, and Capitol Packing Company, Denver Whole-
sale Meat Company, Joe Hoffman Packing Company, K. & B. Packing Company, and
Lindner Packing and Provision Company.
' In addition to meat packers, the Council includes employers in virtually every type
of indnstrN
A These included Lindner Packing and Provision Company, Pepper Packing Company,
Sigman Packing Company, K. & B. Packing Company, and "all the butchers ." Later in
the year they were joined by Jett and Stillman, Inc. (now Fryer and Stillman, Inc.), Denver
Wholesale Meat Company, and Arvada Packing Company
5 Although Capitol Packing Company did not become a member of the Council until
November 1950, its employees were also represented by the Intervenor in 1946 under a
separately negotiated contract which was identical to those executed by the 'packing
company members of the Council.
'FRYER AND STILLMAN, INC. 1335
completed, each employer-member of the Council executed individual
but substantially identical contracts.6 This practice continued until
the latter part of 1950 when the 10 individual Employers herein
involved organized the Association to conduct bargaining negotia-
tions on their behalf. The Association was empowered to execute
collective bargaining contracts binding on all its members. On Janu-
ary 30, 1951, following negotiations begun in October or November
1950,' the Association, on behalf of its 10 employer-members, executed
a single collective bargaining contract with the Intervenor for the
period December 1, 1950, to December 1, 1952, covering, in general,
all production employees of the individual Employers in this pro-
ceeding. A supplement to the December 1, 1950, contract was negoti-
ated and executed in November 1951 by the committee on behalf of the
10 Employers here involved.8 The Association has also represented
the Employers collectively in obtaining a wage increase approval
from the Wage Stabilization Board.
Under all the circumstances, and particularly in view of the bar-
gaining history since 1950, we are of the opinion that the individual
Employers have clearly demonstrated their desire over a substantial
period of time, to be bound by group, rather than by individual, action.
Accordingly, we find, contrary to the primary contention of the Peti-
tioner, that only a multiemployer unit is here appropriate .9 We shall
therefore dismiss the petitions involving individual Employers in
Cases Nos. 30-RC-811, 30-RC-815, 30-RC-816, and 30-RC-817. As
the Petitioner has indicated a willingness to represent a multiemployer
unit in the event the Board should find the same to be the only appro-
priate unit, and has made an adequate showing of interest in such a
unit, we shall direct an election in Case No. 30-RC-820, involving the
Association, in the multiemployer unit hereinafter described.
Accordingly, we find in substantial agreement with the parties as
to the composition of the unit, that the following constitutes a unit
The Intervenor also executed individual substantially identical contracts with Lltvak
Meat Company and Joe Hoffman Packing Company which were not members of the Council
at that time.
' These negotiations were initiated and conducted by a committee of representatives of
4 members of the later -formed Association , on behalf of all the employer-members of that
Association. During negotiations there were times when owners or representatives of other
packing companies attended meetings of the committee . However, the committee was
designated to negotiate agreements on behalf of all 10 companies.
8 Altburger Packing Company and Millers Super Markets , which are not members of the
Association and are not included herein , also authoriaed*the negotiating committee of the
Association to negotiate this supplement on their behalf.
# Foundry Manufacturers Negotiating Committee , et al., 98 NLRB 1256 . A lso see Taylor
and Boggis Foundry Division of the Consolidated Iron-Steel Manufacturing Company, 98
NLRB 481.
We find without merit the Petitioner's contention that single-employer units only are
appropriate because consent union-security elections among these Employers in 1949 were
on that basis . See Albion Malleable Iron Company, 90 NLRB 1640 , 1642 . It is also
without controling significance that two nonmembers of the Association were covered by
the supplemental negotiations in November 1951.
1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (c) of the Act:
All production employees of Fryer and Stillman, Inc., Litvak Meat
Company, Pepper Packing Company, Capitol Packing Company,
Denver Wholesale Meat Company, Joe Hoffman Packing Company,
K. & B. Packing Company, Lindner Packing and Provision Company,
at their plants in Denver, Colorado, and Sigman Meat Company and
Arvada Packing Company at its plant in Arvada, Colorado, including
truck drivers and combination coolermen and dockmen at the Fryer &
Stillman, Inc., plant, drivers of Joe Hoffman Packing Company plant,
truck drivers and dockmen at the Litvak Meat Company plant, and
Schectors at the Capitol Packing Company plant, but excluding drivers
and dockhands at Denver Wholesale Meat Company, Pepper Packing
Company, Sigman Meat Company, and Arvada Packing Company
plants, office, professional, and maintenance employees, meat peddlers,
shipping and receiving clerks, engineers, salesmen, buyers, cleanup
employees, foremen, assistant foremen, superintendents, assistant sup-
erintendents, and all other supervisors within the meaning of the Act.10
Order
IT IS HEREBY ORDERED that the petitions filed in Cases Nos. 30-RC-811,
30-RC-815, 30-RC-816, and 30-RC-817 be, and they hereby are,
dismissed.
[Text of Direction of Election omitted from publication in this
volume.]
'0 The drivers , dockhands , engineers , and maintenance employees excluded from the
unit are represented by other labor organizations.
VIRGINIA-CAROLINA CHEMICAL CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE No. 183 , AFL, PETITIONER
VIRGINIA-CAROLINA CHEMICAL CORPORATION and UNITED GAS, COKE
& CHEMICAL WORKERS OF AMERICA, C. I. 0., PETITIONER . Case No.
11-RC-453 (formerly 10-RC-1950) and 11-RC-454 ( formerly
10-RC-1959). December 23, 1952
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Gilbert Cohen, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
101 NLRB No. 206.