Plankinton Packing Co.

National Labor Relations Board - Board Decisions

Nov 19, 1947

75 N.L.R.B. 241 (N.L.R.B. 1947)

In the Matter Of PLANKINTON PACKING COMPANY and UNITED
PACKINGHOUSE WORKFRS OF AMERICA, C. I. O.
Case No. 13-C-3049.-Decided November 19,1947
Mr. Herman J. DeKoven, for the Board.
Mr. Arthur R. Curtis, of Chicago, Ill., for the respondent.
DECISION
AND
ORDER
On February 13, 1947, the Trial Examiner, Isadore Greenberg,
issued his Intermediate Report in the above-entitled proceeding, find-
ing that the respondent had engaged in and was engaging in certain
unfair labor practices and recommending that it cease and desist
therefrom and take certain affirmative action as set forth in the copy
of the Intermediate Report, attached hereto. Thereafter, the re-
spondent filed its exceptions to the Intermediate Report.
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed.
The Board has considered the Intermediate Report, the respond-
ent's exceptions and the entire record in the case.' The Board has
also considered the fact that this case was pending but not yet decided
by the Board on August 22, 1947, the effective date of the Labor Man-
agement Relations Act of 1947, and finds, iu accordance with its deci-
sion in 111atter of MaiWtall and Bruce Company,' that the enactment
of these amendments to the National Labor Relations Act does not
impair the Board's power to adjudicate the present case and to issue
an appropriate order herein. The Board accordingly adopts the find-
ings, conclusions and recommendations of the Trial Examiner, except
insofar as they relate to what constitutes an appropriate order in
the light of the facts of this case.
' Coutrar\ to the iespondent s allegations, the Board tully considered all contentions
submitted br the respondent duung this proceeding and the representation proceeding
herein concerned
75 N L R B 90 Decision and Order dated October 24, 1947.
75 N L R. B, No. 32.
241
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Trial Examiner, having found that the respondent has violated
Section 8 (5) of the Act, recommended, in accordance with estab-
lished Board policy at that time, that the Board order the respondent,
upon request, to bargain collectively with the Union as the exclusive
representative of the employees in the appropriate unit. However,
it appears that the Union has not as yet complied with the provisions
of Section 9 (f), (g), and (h) of the Act, as amended, which provi-
sions are now in effect. The situation, therefore, is,similar to that
which confronted us in the Marshall and Bruce Company case, supra.
Therefore, in accordance with the majority decision of the Board in
that case and for the reasons stated therein, we shall not issue the
recommended unqualified order but shall instead condition our order,
in part, upon compliance by the Union with that section of the
amended Act within 30 days from the date of the Order herein.3
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the respondent, Plankinton Pack-
ing Company, Milwaukee, Wisconsin, and its officers, agents, suc-
cessors, and assigns shall :
1. Cease and desist from :
(a) Refusing to bargain collectively v^ith United Packinghouse
Workers of America, CIO, if and when said labor organization shall
have complied, within 30 days from the date of this order, with Sec-
tion 9 (f), (g) and (h) of the Act as amer-ded,4 as the exclusive bar-
gaining representative of all the respondent's office and clerical em-
ployees, including the office janitor, the load dispatcher, the clerks in
the time and employment office, the credit union employee, the teletype
operators, the general cashier, the paymaster, the departmental clerks,
in the departmental department, the general ledger clerk, the general
utility office man in the auditing department, and the cost clerks in
the cost figuring department, but excluding all plant clerical employees
other than the clerks in the time and employment office and load dis-
patcher, the stenographers in the purchasing department and super-
intendent's office, the confidential clerk and confidential secretary in
the superintendent's office, the secretary to the plant employment
manager and head timekeeper, the confidential secretary to the plant
manager, the confidential secretaries to the auditor and office manager
s Members Houston and Murdock have indicated in the Marshall and Bruce Company
case their disagreement with the qualification placed upon this Order. However , imA,smuch
as the majority position is now law, they accept it without expressing a dissent
4 As to what constitutes compliance in this respect, see Matter of Northern Virginia
Broadcasters , Inc, 75 N . L R B. 11.
PLANKINTON PACKING COMPANY 243
and to the department heads of the plant sales and city sales depart-
ments , the confidential secretary in the industrial relations depart-
ment, switchboard operators , salesmen , nurses , the discrepancy inves-
tigator, the department heads and assistant department heads of beef,
provision, by-products, plant sales, purchasing, credit, transportation,
industrial relations, city sale, voucher, departmental, cost figuring,
bookkeeping, order writing and sales distribution departments, the
head of the invoice department, the director of country beef sales, the
director of soap and canned goods sales and distribution, the plant
superintendent and assistant plant superintendent, the buyers, graders,
weight takers and sorters in the livestock buyer's office, the auditor
and office manager, the assistant auditor, the casualty and liability
insurance manager, the "beef, lamb and veal man," the "smoked meat
man," the plant employment manager, the head timekeeper, the assist
ant plant employment manager and assistant head timekeeper, and
all other supervisors ;
(b) In any manner interfering with the efforts of United Packing-
house Workers of America, C. I. 0., if and when such labor organiza-
tion shall have complied with the filing requirements of the Act, as
amended, in the manner set forth above, to negotiate for or to repre-
sent the employees in the aforesaid bargaining unit, as their exclusive
bargaining representative.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act:
(a) Upon request , and upon compliance by United Packinghouse
Workers of America, C. 1. 0., with the filing requirements of the Act, as
amended, in the manner set forth above, bargain collectively with
United Packinghouse Workers of America, C. I. 0., as the exclusive
representative of all its employees in the aforesaid appropriate unit,
with respect to grievances, labor disputes, wages, rates of pay, hours
of employment or other conditions of employment, and if an under-
standing is reached, embody such understanding in a signed agree-
ment;
(b) Post in conspicuous places throughout its plant at Milwaukee,
Wisconsin, copies of the notice attached hereto marked "Appendix A." 5
Copies of said notice, to be furnished by the Regional Director for the
Thirteenth Region, shall, after being duly signed by the respondent's
representative, be posted by the respondent immediately upon receipt
thereof and maintained by it for thirty (30) consecutive days there-
after and also for an additional thirty (30) consecutive days in the
5 In the event that this Order is enforced by decree of a Circuit Court of Appeals, them
shall be inserted , before the words, "A decision and Order" the words "Decree of tlu•
United States Circuit Court of Appeals Enforcing"
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
event of compliance by United Packinghouse Workers of America,
C. I. 0., with the filing requirements of the Act as amended, in conspicu-
ous places, including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the respondent
to insure that said notices axe not altered, defaced, or covered by any
other material;
(c) Notify the Regional Director for the Thirteenth Region in writ-
ing, within ten (10) clays from the date of this Order, and again within
ten (10) days from the future date, if any, on which the respondent
is officially notified that United Packinghouse Workers, C. I. 0., has
met the condition hereinabove set forth, what steps the respondent has
taken to comply herewith.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that:
WE WILL NOT refuse to bargain collectively with United Pack-
inghouse Workers of America, C. I. 0., as the exclusive representa-
tive of all the employees m the appropriate unit described below;
provided said labor organization complies, within thirty (30)
days from the date of the aforesaid order of the Board, with Sec-
tion 9 (f), (g) and (h) of the National Labor Relations Act, as
amended.
AVE WILL NOT in any other manner interfere with the efforts of
United Packinghouse Workers of America, C. I. 0., to negotiate
for or represent employees of the said bargaining units, as their ex-
clusive bargaining agent; provided said labor organization com-
plies within thirty (30) days from the date of the aforesaid order
of the Board, with Section 9 (f), (g) and (h) of the National
Labor Relations Act, as amended.
WE WILL BARGAIN collectively upon request with United Pack-
inghouse Workers of America, C. 1. 0., as the exclusive bargaining
representative of all employees in the unit described herein with
respect to labor disputes, grievances, wages, rates of pay, hours
of einploynient, or other terms or conditions of employment, and
i i an understanding is reached, embody such understanding in a
signed agreement: provided said labor organization complies
within thirty (30) days from the date of the aforesaid order of
the Board, wit ii Section 9 (f). (g) and (h) of the National Labor
Relations Act, as amended. The bargaining unit is:
PLANKINTON PACKING COMPANY 245
All of the respondent's office and clerical employees, including
the office janitor, the load dispatcher, the clerks in the time and
employment office, the credit union employee, the teletype opera-
tors, the general cashier, the paymaster, the departmental clerks
in the departmental department, the general ledger clerk, the
general utility office man in the auditing department, and the cost
clerks in the cost figuring department, but excluding all plant
clerical employees other than the clerks in the time and employ-
ment office and the load dispatcher, the stenographers in the pur-
chasing department and superintendent's office, the confidential
clerk and confidential secretary in the superintendent's office, the
secretary to the plant employment manager and head timekeeper,
the confidential secretary to the plant manager, the confidential
secretaries to the auditor and office manager and to the department
heads of the plant sales and city sales departments, the confidential
secretary in the industrial relations department, switchboard
operators, salesmen, nurses, the discrepancy investigator, the de-
partment heads and assistant department heads of beef, provision,
by-products, plant sales, purchasing, credit, transportation, in-
dustrial relations, city sales, voucher, departmental, cost figuring,
bookkeeping, order writing and sales distribution departments,
the head of the invoice department, the director of country beef
sales, the director of soap and canned goods sales and distribution,
the plant superintendent and assistant plant superintendent, the
buyers, graders, weight takers and sorters in the livestock buyer's
office, the auditor and office manager, the assistant auditor, the
casualty and liability insurance manager, the "beef, lamb and veal
man," the "smoked meat nian," the plant employment manager,
the head timekeeper, the assistant plant employment manager and
assistant head timekeeper, and all other supervisors.
All our employees are free to become or remain members of the
above-named union or any other labor organization.
PLANKINTON PACKING COMPANY,
Employer.
By -------------------- ------------
(Representative ) ( Title)
INTERMEDIATE REPORT
Mr. Herman J. DeKoven , for the Board.
Mr. Arthur R Curtis, of Chicago , Ill , for the respondent.
STATEMENT OF THE CASE
Upon a charge duly filed on October 17, 1946, by United Packinghouse Workers
of America, C. I. 0., herein called the Union, the National Labor Relations Board,
766972-48-vol. 75-17
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the Board , by its Regional Director for the Thirteenth Region
(Chicago, Illinois ), issued its complaint dated December 23, 1946 , against Plank-
nnton Packing Company , of Milwaukee , Wisconsin , herein called the respondent,
alleging that the respondent had engaged in and was engaging in unfair labor
practices affecting commerce , within the meaning of Section 8 (1) and (5) and
Section 2 ( 6) and ( 7) of the National Labor Relations Act, 49 Stat . 449, herein
called the Act. Copies of the complaint together with copies of the charge and
notices of hearing thereon were duly served upon the respondent and the Union.
With respect to the unfair labor practices , the complaint alleges in substance
that the Union , having been duly chosen on August 13, 1946, by a majority of
the employees in a unit of the employees of the respondent defined therein and
alleged to be appropriate for the purposes of collective bargaining within the
meaning of Section 9 ( b) of the Act , as their representative for, purposes of
collective bargaining , by virtue of Section 9 (a) of the Act , has been and is now
the exclusive representative of all the employees in such unit for the purposes
of collective bargaining with respect to wages , hours of employment , rates of
pay, and other conditions of employment ; that on or about September 20, 1946,
the Union requested the respondent to bargain collectively with it in respect to
wages, hours of employment , rates of pay, and other conditions of employment
as the exclusive representative of the employees in the unit; and that on Sep-
tember 20 , 1946, the respondent refused and ever since has continued to refuse
to bargain collectively with the Union as such representative , and by such action
has engaged in and is engaging in unfair labor practices within the meaning of
Section 8 (1) and ( 5) of the Act.
In its answer duly filed herein, the respondent admits its corporate existence ;
that it engages in interstate commerce ; that on or about August 13 , 1946, a
majority of the persons voting in an election conducted by the Board, had desig-
nated the Union as their representative for the purposes of collective bargaining;
that the Union has requested the respondent to bargain collectively with it and
that the respondent has and does refuse to bargain collectively with the Union
The answer further alleges that the employees pan ticipating in the election above
referred to, and constituting the unit alleged in the complaint to be appropriate
for purposes of collective bargaining , are office or clerical employees , and hence
may not properly be represented by the Union, which also represents the respond-
ent's production and maintenance employees for purposes of collective baigatmng ;
that the said bargaining unit contains employees whose conditions of work and
interests are so varied and conflicting that their inclusion in one bargaining unit
tends not to elf ectuate . but to del eat the policies of the Act ; that the said bargain-
ing unit includes some supervisory and/or confidential employees , who are not
"employees " within the meaning of the Act , that the inclusion of such managerial
and/or confidential employees in the same unit with the other employees contained
therein is beyond the authority of the Board ; that by reason of the foregoing the
unit alleged in the complaint to be approptiate for purposes of collective bargain-
ing was erroneously found to be appropriate by the Board ; and that, consequently,
the respondent is under no duty to recognize oa bargain collectively with the Union
as the representative of the employees in the aforesaid unit, and has committed
no unfair labor practices by refusing to bargain with it.
Pursuant to notice a hearing was held in Chicago , Illinois , on January 13, 1947,
before the undersigned , the Trial Examiner duly designated by the Chief Trial
Examiner The Board and the respondent were iepresentecl by counsel. The
Union did not appear Both the parties present participated in the hearing and
PLANKINTON PACKING COMPANY 247
were afforded full opportunity to be heard, to examine and cross-examine wit-
nesses and to introduce evidence pertinent to the issues At the close of the hear-
ing a motion of counsel for the Board to conform the pleadings to the proof as to
the correction of names, dates, and other matters not going to the issues was
granted without objection. Decision was reserved on a motion made by the
respondent's counsel at the close of the hearing to dismiss the complaint. That
motion is disposed of by the recommendations hereinafter made. Counsel for
the Board and the respondent were heaid in oral argument at the conclusion of the
hearing. Counsel for the respondent filed with the undersigned proposed findings
of fact and conclusions of law,' and a brief in support thereof, and a brief was
filed by counsel for the Board
On the basis of the foregoing and on the entire record, after having heard and
observed all the proceedings and considered all the evidence offered and received,
the undersigned makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent , Plankinton Packing Company, is a Wisconsin corporation,
having its principal office and place of business at Milwaukee , Wisconsin, where
it is engaged in the meat packing business . The respondent in its afore -mentioned
operations during the year 1945, used materials valued in excess of $30 ,000,000,
of which more than 10 percent was shipped from points outside the State of
Wisconsin , and piocessed goods valued in excess of $37,000 , 000, of which more
than 60 percent w:is shipped to points outside the State of Wisconsin
The respondent admits that it is engaged in commerce within the meaning
of the Act.
IR THE ORGANIZATION INVOLVED
United Packinghouse Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to membership em-
ployees of the respondent.
III TIIE UNFAIR LABOR PRACTICES
A. The refusal to bargain
1. The appropriate unit, representation by the Union of a majority therein
On July 25, 1940, after the usual proceedings, the Board issued a Decision
and Direction of Election,` in which it found that all office and clerical employees
of the respondent, including the olhce janitor, the load dispatcher, the clerks
in the time and employment office, the credit union employee, the teletype
operators, the general cashier, the paymaster, the departmental clerks in the
departmental department, the genes at ledger clerk, the general utility office man
1 The undersigned rules as follows upon the Proposed Findings of Fact and Proposed
Conclusions of Law submitted by counsel for the respondent* Proposed Findings of Fact
numbers 1 and 8 are accepted Proposed Findings of Fact numbers 2 through 5, and 9
through 30 are rejected Proposed Findings of Fact numbers 6 and 7 are rejected insofar
as they do not specitv the local of the United Packinghouse workers of America, C. I 0 ,
which is alleged to represent the respondent's production and maintenance employees for
purposes of collective bargaining Each and every Proposed Conclusion of Law is rejected.
2Matter of Piankiiton Packing Company, Case No 13-R-3352, 69 N L. R B. 920.
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the auditing department, and the cost clerks in the cost figuring department,
but excluding all plant clerical employees other than the clerks in the time and
emplcyment office and the load dispatcher, the stenographers in the purchasing
department and superintendent 's office, the confidential clerk and confidential
secretary in the superintendent's office, the secretary to the plant employment
manager and head timekeeper, the confidential secretary to the plant manager,
the confidential secretaries to the auditor and office manager and to the depart-
ment heads of the plant sales and city sales departments, the confidential secretary
in the industrial relations department, switchboard operators, salesmen, nurses,
the discrepancy investigator, the department heads and assistant department
heads of beef, provision, by-products, plant sales, purchasing, credit, transporta-
tion, industrial relations, city sales, voucher, departmental, cost figuring, book-
keeping, order writing, and sales distribution departments, the head of the
invoice department, the director of country beef sales, the director of soap and
canned goods sales and distribution, the plant superintendent and assistant plant
superintendent, the buyers, graders, weight takers and sorters in the livestock
buyer's office, the auditor and office manager, the assistant auditor, the casualty
and liability insurance manager , the "beef, lamb and veal man," the "smoked
meat man," the plant employment manager and head timekeeper, the assistant
plant employment manager and assistant head timekeeper, and all other super-
visory employees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
On August 13, 1946, pursuant to said Direction of Election, an election by secret
ballot was conducted under the supervision of the Regional Director of the Board
for the Thirteenth Region, among the employees in the above-described bargain-
ing unit. The tally of ballots showed that of the approximately 59 eligible voters,
56 cast valid votes , of which 31 were for the Union, and 25 against. No objections
were filed by any of the parties within the time provided therefor, and, on Septem-
ber 6, 1946 , the Board certified the Union as the exclusive representative for the
purposes of collective bargaining, of the employees in the unit hereinabove
described!
The respondent contests the appropriateness of the unit found by the Board.
In substance, the respondent' s position herein is, as it was in the representation
proceeding leading to the Board's Direction of Election and Certification of Repre-
sentatives, that :
1. Since the Union represents the respondent's production and maintenance
employees; it is inappropriate for it also to represent the office and clerical
employees ;
2. The unit is inappropriate because it contains both plant clerical employees,
and general office employees , who have no community of interest ;
3 Matter of Plankinton Packing Company, Case No 13-R-3352, supra
4 In support of the above contention , the respondent introduced into evidence copies of a
contract whose terms make it effective from December 23, 1946, to August 11, 1948, whereby
Local 50 of the Union is recognized as the exclusive collective bargaining representative
of the production and maintenance employees at the respondent 's Milwaukee plant. This
exhibit , constituting the only evidence bearing on the contested issues introduced in the
present proceeding which was not before the Board in the prior representation proceeding,
was offered to establish that a local of the Union is still recognized , as it was in preceding
contracts , as the bargaining representative of the respondent 's production and mainte-
nance employees.
PLANKINTON PACKING COMPANY 249
3. Certain employees included in the unit perform managerial and/or con-
fidential functions and are so closely associated with management that they are:
(a) employers, and not employees within the meaning of the Act, (b) not ap-
propriately included in the same unit with the rest of the employees therein
contained.
Identical contentions were urged by the respondent and fully considered by the
Board' in the representation proceeding, and there ruled upon adversely to the
respondent. In the instant complaint proceeding, the respondent adduced no
further evidence, and in substance relied upon the same arguments. The under-
signed therefore feels that the Board's determination as to the appropriate unit
in the representation proceeding is fully dispositive of the contentions with
respect thereto advanced by the respondent. The undersigned is not persuaded
by the arguments addressed to him by the respondent in its brief nor by the
record herein that he should not adhere to the findings of the Board in the
representation case.
The undersigned, therefore, finds that all office and clerical employees of the
respondent, including the office janitor, the load dispatcher, the clerks in the time
and employment office, the credit union employee, the teletype operators, the
general cashier, the paymaster, the departmental clerks in the departmental de-
partment, the general ledger clerk, the general utility office man in the auditing
department, and the cost clerks in the cost figuring department, but excluding all
plant clerical employees other than the clerks in the time and employment office
and the load dispatcher, the stenographers in the purchasing department and
superintendent's office, the confidential clerk and confidential secretary in the
superintendent's office, the secretary to the plant employment manager and head
timekeeper, the confidential secretary to the plant manager, the confidential sec-
retaries to the auditor and office manager and to The department heads of the
plant sales and city sales departments, the confidential secretary in the industrial
relations department, switchboard operators, salesmen, nurses, the discrepancy
investigator, the department heads and assistant department heads of beef, pro-
vision, by-products, plant sales, purchasing, credit, transportation, industrial
relations, city sales, voucher, departmental, cost figuring, bookkeeping, order
writing, and sales distribution departments, the head of the invoice department,
the director of country beef sales. the director of soap and canned goods sales and
distribution, the plant superintendent and assistant plant superintendent, the
buyers, graders, weight takers and sorters in the livestock buyer's office, the
auditor and office manager, the assistant auditor, the casualty and liability in-
surance manager, the "beef, lamb and veal man," the "smoked meat man," the
plant employment manager and head timekeeper, the assistant plant employment
manager and assistant head timekeeper, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
5 As,, counsel for the Board indicated at the hearing and in his brief, the Board, in its
determination in the representation proceeding, did not specifically and explicitly reject
the respondent's contentions that certain employees included in the bargaining unit per-
form managerial and/or confidential functions, and therefore should be excluded from
the said unit The undersigned extends to the Board's determination the presumption of
regulauty to which it is entitled, and assumes that though it (lid not feel called upon to
discuss these contentions, the Board gave due consideration to them in arriving at its
decision
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The undersigned further finds that on and at all times after August 13, 1946,
the Union was the duly designated bargaining representative of a majority of
the employees in the aforesaid bargaining unit and that, pursuant to the pro-
visions of Section 9 (a) of the Act, the Union was' on August 13, 1946, and at all
times thereafter has been and is now the exclusive representative of all employees
in the aforesaid unit for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of employment
2. The refusal to bargain
It is undisputed that "shortly after September 6, 1946," the Union requested the
respondent to bargain collectively with it as the exclusive representative of all
the employees in the above-described appropriate unit and that on September 20,
1946, as well as at all times thereafter, the respondent ictused to do so
The undersigned finds that the respondent on September 20, 1946, and at all
times thereafter, has refused to bargain collectively with the Union as the exclu-
sive representative of its employees in an appropriate unit and has thereby
interfered with, restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LFBOP, PRACTICES UPON COMMERCE
The activities of the respondent set forth in Section III, above , occurring in
connection with the operations of the respouddnt desciibed in Section I. above,
have a close, intimate , and substantial relation to trade, traffic , and commerce
among the several States , and tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE REMEDY
Since it has been found that the respondent has engaged in unfair labor
practices, it will be recommended that it cease and desist therefrom and take
certain affirmative action designed to effectuate the policies of the Act
Because of the basis of the respondent's iefusal to bargain as indicated by
the facts found, and because of the absence of any evidence that danger of other
unfair labor practices is to be anticipated from the respondent's conduct in the
past, the Undersigned will not recommend that the respondent cease and desist
from the commission of any other unfair labor practices Nevertheless, in order
to effectuate the policies of the Act, the undersigned will recommend that the
respondent cease and desist from the unfair labor practices found and from
any other acts in any manner interfering with the efforts of the Union to nego-
tiate for or represent the employees as exclusive bargaining agent in the unit
herein found appropriate.
Upon the basis of the above findings of fact and upon the entire record in
the case, the undersigned makes the following.
CONCLUSIONS OF LAW
1. United Packinghouse Workers of America, C. I 0 , is a labor organi-
zation within the meaning of Section 2 (5) of the Act.
2 All office and clerical employees of the respondent, including the office
janitor, the load dispatcher, the clerks in the time and employment office, the
credit union employee, the teletype operators, the general cashier, the pay-
PLANKINTON PACKING COMPANY 251
master, the departmental clerks in the departmental department, the general
ledger clerk. the general utility office man in the auditing department, and the
cost clerks in the cost figuring department, but excluding all plant clerical em-
ployees other than the clerks in the time and employment office and the load
dispatcher, the stenographers in the purchasing department and superintendent's
office, the confidential clerk and confidential secretary in the superintendent's
office, the secretary to the plant employment manager and head timekeeper, the
confidential secretary to the plant manager, the confidential secretaries to the
auditor and office manager and to the department heads of the plant sales and city
sales departments, the confidential secretary in the industrial relations depart-
ment, switchboard operators, salesmen, nurses, the discrepancy investigator, the
department heads and assistant department heads of beef, provision, by-products,
plant sales, purchasing, credit, transportation, industrial relations, city sales,
voucher, departmental, cost figuring, bookkeeping, order writing, and sales distribu-
tion departments, the head of the invoice department, the director of country beef
sales, the duector of soap and canned goods sales and distribution, the plant
superintendent and assistant plant superintendent, the buyers, graders, weight
takers and sorters in the livestock buyer's office, the auditor and office manager,
the assistant auditor, the casualty and liability insurance manager, the "beef,
lamb and veal man," the "smoked meat man," the plant employment manager and
head timekeeper, and all other supervisory employees with authority to hire,
promote, discharge, discipline. or otherwise effect changes in the status of em-
ployees or effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9 (b) of the
Act.
3 United Packinghouse Workers of America, C I. 0., was on August 13, 1946,
and at all times thereafter has been the exclusive representative of all employees
in the aforesaid unit for the purposes of collective bargaining within the meaning
of Section 9 (a) of the Act.
4 By refusing on September 20, 1946, and at all times thereafter, to bargain
collectively with United Packinghouse Workers of America, C I 0 , as the exclu-
sive representative of all its employees in the aforesaid unit, the respondent
has engaged in and is engaging in unfair labor practices within the meaning of
Section 8 (5) of the Act.
5 By said acts, the respondent' has interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7 of the Act, and
has engaged in and is engaging in unfair labor practices within the meaning of
Section 8 (1) of the Act.
6 The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
RECOMMENDATIONS
Upon the basis of the above findings of fact and conclusions of law, and upon the
entire record in the case, the undersigned recommends that the respondent,
Plankinton Packing Company, of Milwaukee,.Wisconsin, and its officers, agents,
successors, and assigns shall:
I Cease and desist from:
(a) Refusing to baigain with United Packinghouse Workers of America,
C I 0 , as the exclusive representative of all its office and clerical employees,
including the office janitor, the load dispatcher, the clerks in the time and
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employment office, the credit union employee, the teletype operators, the general
cashier, the paymaster, the departmental clerks in the departmental department,
the general ledger clerk, the general utility office man in the auditing department,
and the cost clerks in the cost figuring department, but excluding all plant clerical
employees other than the clerks in the time and employment office and the load
dispatcher, the stenographers in the purchasing department and superintendent's
office, the confidential clerk and contdeniial secretary in the superi ntendent's
office, the secretary to the plant eunplo> inent manager and head timekeeper, the
confidential secretary to the plant manager, the confidential secretaries to the
auditor and office manager and to the department heads of the plant sales and
city sales departments, the confidential secretary in the industrial relations
department, switchboard operators, salesmen, nurses, the discrepancy investi-
gator. the department heads and assistant department heads of beef, provision,
by-products, plant sales, purchasing. credit. transportation, industrial relations,
city sales, voucher, departmental, cost figuring, bookkeeping, order writing, and
sales distribution departments, the head of the invoice department, the director of
^ountry beef sales, the director of soap and canned goods sales and distribution,
the plant superintendent and assistant plant superintendent, the buyers, graders,
weight takers and sorters in the livestock buyer's office, the auditor and office
manager. the assistant auditor, the casualty and liability insurance manager,
the "beef, lamb and veal man," the "smoked meat man," the plant employment
manager and head timekeeper, and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action ;
(b) Engaging in any other acts in any manner interfering with the efforts
of United Packinghouse Workers of America, C. I 0 , to negotiate for or repre-
sent the employees in the aforesaid unit as exclusive bargaining agent.
2 Take the following affirmative action which the undersigned finds will
effectuate the policies of the Act :
(a) Upon request bargain collectively with United Packinghouse Workers
of America, C I. 0 , as the exclusive bargaining representative of all employees
in the bargaining unit described herein with respect to wages. rates of pay,
hours of employment, or other conditions of employment, and if an under-
standing is reached, embody such understanding in a signed agreement :
(b) Post at its plant in Milwaukee, Wisconsin, copies of the notice attached
to the Intermediate Report herein, marked "Appendix A " Copies of said
notice, to be furnished by the Regional Director for the Thirteenth Region,
shall, after being duly signed by the respondent's representative, be posted by
the respondent immediately upon receipt thereof and maintained by it for sixty
(60) consecutive days thereafter in conspicuous places, including all places
where notices to employees are customarily posted. Reasonable steps shall
be taken by the respondent to insure that said notices are not altered, defaced,
or covered by any other material ;
(c) File with the Regional Director for the Thirteenth Region, on or before
ten (10) days from the date of the receipt of this Intermediate Report, a report
in writing setting forth in detail the manner and form in which the respondent
has complied with the foregoing recommendations.
It is further recommended that unless on or before ten (10) days from the
receipt of the Intermediate Report the respondent notifies said Regional Di-
rector in writing that it has complied with the foregoing recommendations,
the National Labor Relations Board issue an order requiring the respondent
to take the action aforesaid.
PLANKINTON PACKING COMPANY 253
As provided in Section 203 39 of the Rules and Regulations of the National
Labor Relations Board, Series 4, effective September 11, 1946, any party or
counsel for the Board may, within fifteen (15) days from the date of service
of the order transferring the case to the Board, pursuant to Section 203 38
of said Rules and Regulations, file with the Board, Rochambeau Building, Wash-
ington 25, D. C , an original and four copies of a statement in writing setting
forth such exceptions to the Intermediate Report or to any other part of the
record or proceeding (including rulings upon all motions or objections) as he
relies upon, together with the original and four copies of a brief in support
thereof, and any party or counsel for the Board may within the same period,
file an original and four copies of a brief in support of the Intermediate Report.
Immediately upon the filing of such statement of exceptions and/or briefs,
the party or counsel for the Board filing the same shall serve a copy thereof
upon each of the other parties and shall file a copy with the Regional Director.
Proof of service on the other parties of all papers filed with the Board shall be
promptly made as required by Section 203.65. As further provided in said
Section 203 39, should any party desire permission to argue orally before the
Board, request therefor must be made in writing to the Board within ten (10)
days from the date of service of the order transferring the case to the Board.
ISADORE GREENBERG,
Trial Examiner.
Dated February 13, 1947.
ERRATUM IN INTERMEDIATE REPORT
In paragraph 1 (a) of the RECOMMENDATIONS contained in the Intermediate
Report herein, as originally issued under date of February 13, 1947, the words,
"the assistant plant employment manager and assistant head timekeeper" were
inadvertently omitted from the description of the appropriate unit therein set
forth.
IT IS, THEREFORE, HEREBY ORDERED that the aforesaid description of the appro-
priate unit be corrected by the insertion, following the words, "the plant employ-
ment manager and head timekeeper ," at line 22 , page 252, of the Intermediate
Report, of the following : " the assistant plant employment manager and assistant
head timekeeper."
ISADORE GREENBERG
Trial Examiner.
Dated March 4, 1947,
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT engage in any acts in any manner interfering with the efforts
Of UNITED PACKINGHOUSE WORKERS OF AMERICA, C. I. 0., to negotiate for or
represent the employees in the bargaining unit described below.
WE WILL BARGAIN collectively upon request with the above-named union as
the exclusive representative of all employees in the bargaining unit de-
scribed below with respect to wages, rates of pay, hours of employment or
254 DECISIONS OP NATIONAL LABOR RELATIONS BOARD
other conditions of employment, and if an understanding is reached, embody
such understanding an a signed agreement The bargaining unit is:
All our office and clerical employees including the office janitor, the load
dispatcher, the clerks in the time and employment office, the credit union
employee. the teletype operators, the general cashier, the paymaster, the
departmental clerks in the depa itmental department, the general ledger
clerk, the general utility office ruin in the auditing department, and the
cost clerks in the cost figuring department, but excluding all plant
clerical employees other than the clerks in the tine and employment
office and the load dispatcher, the stenogiapheas in the purchasing de-
partment and superintendent's office, the confidential clerk and confiden-
tial secretary in the superintendent's office, the secretary to the plant
employment manager and head tunekeepei, the confidential secretary
to the plant manager, the confidential secretaues to the auditor and
office manages and to the department heads of the plant sales and city
sales departments, the confidential secretary in the industrial relations
department, swrtefiboard operators, salesmen, nurses, the disciepancy
investigator, the department heads and assistant department heads of
beef, provision, by-products, plant sales, purchasing, credit, transporta-
tion, industrial relations, city sales, voucher, departmental, cost
figuring, bookkeeping, order wilting, and sales distribution departments,
the head of the invoice deparinient, the directot of country beef sales,
the director of soap and canned goods sales and distribution, the plant
superintendent and assistant plant superintendent, the buyers, graders,
weight takers and sorters in the livestock buyer's office, the auditor and
office manager, the assistant auditor, the casualty and liability insurance
manager, the "beef, lamb and veal man," the "snmoked meat man," the
plant employment manager and head timekeeper, the assistant plant
employment manager and assistant head timekeeper, and all other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees or effectively
recommend such action.
PLANI{INTON PAOi ING COMPANY,
Dated -------------------- By ---------------------------------
(Repiesentative ) ( Title)
Employer.