Lincoln Packing Co.

National Labor Relations Board - Board Decisions

Mar 16, 1942

39 N.L.R.B. 855 (N.L.R.B. 1942)

In the Matter of LINCOLN PACKING COMPANY and AMALGAMATED
MEAT CUTTERS AND BUTCHER W ORKMEN OF NORTH AMERICA, AFFILI-
ATED WITH THE AMERICAN FEDERATION OF LABOR.
Case' No. R-3533.Decided March 16, 1942
Jurisdiction : livestock purchasing and meat packing industry
Investigation and Certification of Representatives : existence of question : refusal
of Company to 'accord union recognition ; election necessary '
Unit Appropriate for Collective Bargaining :' production employees working in
and about the Company's packing house, excluding managerial and office
help, sales force, and livestock buyers ; agreement as to ; yvorking foremen
excluded over Company's objection.
Baylor, Tou Velle cC Healey, by Mr. F. B. Baylor, of Lincoln, Nebr.,
for the Company.
Mr. George I. Craven, and Mr. Edward B. Richardson, of Lincoln,
Nebr.,,for the Union.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 11, 1941, Amalgamated Meat Cutters and Butcher
Workmen of North America, affiliated with the American' Federation
of Labor, hereinafter called the Union, filed with the Regional Di-,
rector for the Seventeenth Region (Kansas City, Missouri) a petition
alleging that a question affecting commerce 'bad arisen concerning
the representation of employees of Lincoln Packing Company, Lin-
coln, Nebraska, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of, the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On January 19, 1942, 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 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 February 5, 1942,
39 N. L R. B., No 166.
855
856 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
the Regional Director issued a notice of hearing, copies of which
were duly served upon the Company and the Union. Pursuant to -
notice a hearing was held on February 12, 1942, at Lincoln, Nebraska,
before Robert S. Fousek, the Trial Examiner duly designated.by the
Chief Trial Examiner. At the hearing the Company and the Union
appeared and participated in the hearing. Full opportunity to be
heard, to examine and 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 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lincoln Packing Company is a Nebraska corporation with its
principal office and place of business at Lincoln, Nebraska. It is
engaged in the purchase and slaughter of livestock and,the conversion
thereof into various food products.
In 1941, the Company purchased approximately $1,170,000 worth'
of livestock and raw materials and other products. $90,000, or 7.7
percent of this amount represented products originating outside the
State of Nebraska. Of this $1,170,000 worth of purchases, $109,-
975.45 represented livestock immediately diverted to other purchasers.
Of the $109,975.45 expended for livestock, $78,338.20 worth was sold
and shipped to points outside the State of Nebraska, the remainder
to purchasers within' the State of Nebraska. An undetermined
amount of this remainder was shipped by the Nebraska purchasers to
points located outside the State of Nebraska. The Company's total
sales in 1941 amounted to approximately $1,430,000, of which $62,000
was directly shipped to points outside the State of Nebraska.'
H. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North
America is a labor organization, affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
1 The Company contends that it is not engaged in interstate commerce within the mean-
ing of the National Labor Relations Act. The facts disclose and we find that the Company
is engaged in commerce within the meaning of the Act. National Labor Relations Board v.
White Swan Co., 118 F. ( 2d) 1002 (C. C. A. 4 ) enforcing as modified Matter of White Swan
Company and Amalgamated Clothing Worh,ers of America, Cleaners , Dyers and Laundry
Workers, Local 808, 19 N. L. R. B. 1079; 313 U. S. 23, certificate dismissed ; 62 S. Ct. 93
cert. denied.
'LINCOLN PACKING COMPANY 857
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to give recognition to the Union on the
ground that it did not, believe that the Union represented a majority
of its employees. The statement of the Field Examiner introduced
in evidence shows that the Union represented a substantial number of
employees in the alleged appropriate unit.2
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCEF.NING 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 labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree that the' appropriate unit should include all
production employees working in and about the packing house of the
Company, and should exclude managerial and office help, sales force,
and livestock buyers. The parties disagree on the inclusion of work-
ing foremen. The Union contends that all 7 of the working foremen
should be excluded. The Company maintains that they should be
included. These foremen work along 'with the men under their
supervision. However, they are authorized to report to the general
manager any breach of discipline and to refer, to him any eligibles
for employment. Although the record does not disclose that they
hire and discharge production employees, we are of the opinion that
they should be excluded from the unit. We therefore find that all
production employees working in and about the packing house of
the Company, excluding managerial and office help, sales force, live-
stock buyers, and working foremen, constitute a unit appropriate for
the purposes of collective bargaining. We further find that such
unit will insure to the employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise will effectuate the policies of the Act.
'The Company employs approximately 85 employees , about 63 of whom are production
employees , as that term is used in the petition , and are, therefore , within the unit claimed
to be appropriate. The Field Examiner 's statement shows that the Union submitted 46
authorization cards dated from October 1941 to December 1941. One of these cards was a
duplication , making the subtotal 45 Each of the 45 signatures appears to be a genuine
original signature . Thirty-seven of these are names of persons appearing on the Com-
pany's pay roll of December 1, 1941.
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen can best be resolved by
the holding of,an election by secret ballot. In accordance with our
usual - practice we shall direct that an election by secret ballot be held
among the employees of the Company in the appropriate unit who
were employed during the pay-roll period immediately preceding the
date of this Direction of Election , subject to the limitations and addi-
tions set forth in the Direction.
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 Lincoln Packing Company , Lincoln,
Nebraska , within the meaning of Section 9 ( c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. All production employees working in and about the packing
house of the Company, excluding managerial and office help, sales
force, livestock buyers, and working foremen , constitute a unit appro-
priate 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 Rela-
tions Act, 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 Lincoln Packing Company , Lincoln, Nebraska , 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 Seventeenth 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 working in and about
the packing house - of the , Company who were employed during the
pay-roll period immediately proceeding the date of this Direction,
including employees who did not work during such 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
LINCOLN PACKING COMPANY 859
' managerial and office help, sales force, livestock buyers, and working
foremen, and all other employees having the right to hire and dis-
charge, and employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Amalgamated Meat Cutters and Butcher Workmen of North America,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.