Memphis Butchers Association, Inc.

National Labor Relations Board - Board Decisions

Feb 27, 1947

72 N.L.R.B. 934 (N.L.R.B. 1947)

In the Matter of MEl rii-n s B uTCHERs ASSOCIATION, INC., Ei I PLOYER and
UNITED PACKINGHOUSE WORKERS OF AMERICA, AFFILIATED WITH
THE CONGRESS OF INDUSTRIAL ORGANIZATIONS , PETITIONER
Case No. 15-B-1913.-Decided February 27, 19/.7
Messrs. Abe D. Waldaucr and Ben C. Adams, of Memphis, Tenn.,
for the Employer.
Mr. G. R. Hathaway, of Atlanta, Ga., for the Petitioner.
}Messrs. Robert A. Tillman, Wilson Rowland, and Ernest Leslie, of
Memphis, Tenn., for the Intervenor.
Mr. P. C. Anderson, of Memphis, Tenn., for the Operating Engi-
neers.
Mr. Melvin J. Welles, of counsel to the Board.
DECISION
AND
ORDER
•
Upon a petition duly filed, hearing in this case was held at Memphis,
Tennessee, on September 25, 1946, before Gerald A. Brown, hearing
officer. The hearing officer's rulings made at the hearnig are free from
prejudicial error and are hereby affirmed. At the hearing, the Inter-
venor moved to dismiss the petition on the ground that a contract
between the Intervenor and the Employer is a bar to an election. The
hearing officer referred this motion to the Board. For reasons stated
in Section III, infra, this motion is hereby granted.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Memphis Butchers Association, Inc., a Tennessee corporation, is en
gaged in the operation of an abbatoir as a custom killer in Memphis,
Tennessee.' The Employer also purchases hides and non-edible fats,
and its volume of sales of these items in States other than that of
1 During the 6 months preceding the hearing, the Employer slaughtered an average of
approximately 850 head of livestock each Reek This livestock is obtained lions customers
in Shelby County, Tennessee, and the Employer has no knowledge of its original source
The carcasses are delivered to customers in Shelby County, Tennessee, and the Employer
has no knowledge of where the carcasses arc shipped
72 N. L. R. B., No. 159 -
934
MEMPHIS BUTCHERS ASSOCIATION, INC. 935
Tennessee during the past year was approximately $140,000. - More-
over, the Employer makes fertilizer, and during the past year shipped
approximately 500 pounds weekly to points outside the State of
Tennessee.
The Employer admits, for the purposes of this proceeding only, and
we find, that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, clanning to represent employees of the
Employer.
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, Local 515, herein called the Intervenor, is a labor organization
affiliated with the American Federation of Labor, claiming to repre-
sent employees of the Employer.
International Union of Operating Engineers, herein called the
Operating Engineers, is a labor organization affiliated with the Amer-
ican Federation of Labor.,
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On September 17, 1941, following a Board certification,3 the Inter
venor and the Employer executed a contract covering all production
and maintenance employees of the Employer. Paragraph 16 of this
contract provides:
This agreement shall be in full force and binding upon both
parties until the 17th day of September 1942. This agreement
shall automatically renew itself from year to year unless the
parties seeking changes of agreement shall notify the other in
writing thirty (30) clays in advance of such desire. The pro-
visions of the new agreement shall be effective from the date
following the expiration of the old agreement. (b) The basic
part of this contract shall be in full force with the exception of
Clause No. 7 pertaining to wages only, which can be reopened
with thirty (30) days written notice.
011 August 19, 1946, the Petitioner, by letter, apprised the Employer
of its rival claim to representation, and on August 23, 1946, filed the
original petition in this case.
The Intervenor contends that its contract with the Employer is a
bar to an election at this time. The Petitioner, on the other hand,
contends that the contract is not a bar because (1) the allegedly
ambiguous language in the automatic renewal clause makes the con-
2
At the hearing the Operating Engineers disclaimed any interest in the employees of the
Employer
'Matter of Memphis Butchers Association, Inc. 34 N L R B 698
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tract one of indefinite duration, and (2) the Intervenor is a defunct
labor organization.
The only possible ambiguity in the language of the automatic
renewal clause quoted above are the words "in advance of such de-
sire." We are of the opinion, however, that, in their context, these
words must reasonably be read as "in advance of any anniversary
date." Accordingly, we reject the contention that the contract is
one of indefinite duration.
Nor do we find merit in the Petitioner's contention that the Inter-
venor is a defunct labor organization. For the record discloses that
the Intervenor has not ceased to function as the bargaining represent-
ative of the Employer's employees. Although no evidence was pre-
sented at the hearing to indicate that the Intervenor had made any
efforts to enforce the closed-shop provision of its contract, and inch-
vidual employees have requested and been granted wage increases by
the Employer without any discussion with the Intervenor, the record
discloses that some time in April 1946, a representative of the Inter-
venor discussed vacations with the acting general manager of the
Employer, and vacations were granted. In addition, the Intervenor
adduced evidence at the hearing to the effect that 27 employees of
the Employer were members of the Intervenor, and had been paying
dues to the Intervenor for from 5 years to 1 month. Furthermore,
a request in writing to renegotiate wage rates was made by the In-
tervenor in September 1946.4 Under all the circumstances, we are
of the opinion that the Intervenor is still a functioning labor organi-
zation capable of administering its contract.5
Inasmuch as the Petitioner's claim to representation was not as-
serted until after the operative date of the automatic renewal clause,
or "Mill B" date, of the contract between the Intervenor and the
Employer, we find that this contract is a bar to a current determina-
tion of representatives.`, We shall, therefore, dismiss the petition.
ORDER
The National Labor Relations Board hereby orders that the peti-
tion for investigation and certification of representatives of employees
of Memphis Butchers Association, Inc., Memphis, Tennessee, filed by
United Packinghouse Workers of America, affiliated with the Con-
gress of Industrial Organizations, be, and it hereby is, dismissed.
MR. JAMES J. Ri vioLDS, JR., took no part in the consideration of the
above Decision and Order.
"This request-was made pursuant to a clause in the contract permitting wage renegoti-
ations
5 Matter of Miller Meters, ]nc, 71 N 1, R B 1331 . Matter of Ellis Canning Company,
67 N L R B 384 , Matter of Douglas Public Sc, sic Corp , 62 N L It B (351.
6 Matter of Portland Lumber Mills, 56 N L. R B. 1336.