Swift & Co.

National Labor Relations Board - Board Decisions

Nov 7, 1940

27 N.L.R.B. 1228 (N.L.R.B. 1940)

In the Matter Of SWIFT & COMPANY and UNITED PACKING House:
WORKERS or AMERICA, LOCAL 67, C. I. O.
Case No. R-2116.-Decided November 7, 1940
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question. re-
fusal to accord recognition to union and request that certification be obtained;
election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees including employees in the feed yard, garage, Formay plant, soap
plant, gas plant, engine room, drum house, and service department, truck
drivers, and packing and shipping employees, but excluding deputized watchmen,
office and clerical workers wherever located, all supervisory employees having
the authority to fire and/or hire, foremen, subforemen, time-study men, time-
keepers, and salesmen
Gibson, Dunn cC Crutcher, by Mr. J. Stuart Neary of Los Angeles,
Calif., and Mr. William N. Strack, of Chicago, Ill., for the Company.
Mr. Alexander H. SeWlman and Mr. A. J. Shippey, of Los Angeles,
Calif., for the United.
Mr. J. P. Voorhees, of Los Angeles, Calif., for Local 1.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND ,
DIRECTION OF ELECTION
STATEMENT OF`THE CASE
On July 10 and 25, 1940, respectively, United Packing House Work-
ers' of America, Local No. 67, herein called the United, filed with the
Regional Director for the Twenty-first, Region (Los Angeles, Cali-
fornia) a petition and an amended petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Swift & , Company, Vernon, California, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act.
On September 20, 1940, the National Labor Relations Board, herein
called.-the Board, acting pursuant-to Section 9 (c) of the Act- and
27 N. L. R. B., No. 202.
1228
SWIFT & COMPANY 1229
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 September 24, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
United, and Packing House Workers Union of Los Angeles, Local
No. 1, herein called Local 1, a labor organization claiming to repre-
sent employees directly affected by the investigation . On Septem-
ber 27 and October 5 , 1940, respectively , the Regional Director issued
an amended notice of hearing and a second amended notice of hearing.
Pursuant to notice , a hearing was held on October 23 and 24, 1940, at
Los Angeles , California , before W. G . Stuart . Sherman, the Trial
Examiner duly designated by the Board. . The Company , the United,
and Local 1 were represented by counsel and participated in the hear-
ing. Full opportunity to be heard , to examine and cross -examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties . During the course of the hearing, the Trial Examiner
granted a motion made by the United to amend its amended petition
as to formal matters. During the course of the hearing , the Trial
Examiner made several rulings on other motions and on objections to
the admission of evidence . The Board has reviewed all the, rulings of
the Trial Examiner and finds that no prejudicial errors were corn-
initted. 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
Swift & Company is an Illinois corporation, with its general
offices at Chicago, Illinois. The Company maintains approximately
375 branch houses and/or plants located throughout the United States.
This proceeding is concerned, solely: with its plant at Vernon, Cali-
fornia, where it is engaged in slaughtering cattle, hogs, sheep,, and
calves, processing edible meats and inedible products, smoking hams
and bacons, and distributing eggs and butter.
During a 12-month period ending July 31, 1940, the Company pur-
chased products for use at its Vernon plant valued at $10,108,254,
approximately 41.4 per cent of which were shipped to the Vernon
plant from points outside the State of California. During the same
period the Company purchased products for use at its refinery at
the Vernon plant valued at $4,897,313, approximately 44.4 per cent
of which were shipped to the refinery at the Vernon plant from points
outside the State of California. During this'same period the Com-
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany sold finished products from its Vernon plant valued at $10,-
891,338, approximately 3.6 per cent of which were shipped by it to
points outside the State of California. During this same period its
sales from the refinery at the Vernon plant totaled $6,370,111,
approximately 23.1 per cent of which were shipped by it to points
outside the State of California.
II. THE ORGANIZATIONS INVOLVED
United Packing House Workers of America, Local 67, is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership all production and maintenance employees
at the Vernon plant of the Company, including truck drivers and
packing and shipping employees, but excluding deputized watchmen,
office and clerical workers, supervisory employees, time-study men,
timekeepers, and salesmen.
Packing House Workers Union of Los Angeles, Local No. 1, is an
unaffiliated labor organization, admitting to membership the same
classes of employees of the Company as the United.
111. THE QUESTION CONCERNING REPRESENTATION
On or about July 1, 1940, the United requested the Company to
bargain with-it as the exclusive representative of the employees at
the Vernon plant. The Company replied that it would not bargain
with the United until it had been certified by the Board. A state-
ment of the Regional Director introduced at the hearing shows that
the United and Local 1- each represent a substantial number of em-
ployees in the unit alleged by them to be appropriate.1
We find that a question has arisen concerning the representation
of employees of the Company.
I1'. THE EFFECT OF THE QUESTION CONCERNING
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 commerce and the free
flow of commerce.
'The Regional Dnector's statement shows that 238 employees of the 601 employees on
the August 10, 1940, pay roll of the Company have signed authorization cards in the
United and that 133 employees on this pay roll have signed membership application cards
in Local 1
SWIFT & COMPANY
V. THE APPROPRIATE UNIT
1231
The Company, the United, and Local 1 agreed at the hearing that
the appropriate unit should consist of all production ' and maintenance
employees at the Vernon plant of the Company, including employees
in the feed yard, garage, Formay plant, soap plant, gas plant, engine
room, druni-lhouse, and service department, truck drivers, and packing
and, shipping employees, but excluding deputized watchmen, office
and clerical workers wherever located, all supervisory employees -hav-
ing the 'authority to fire-and/or hire, foremen', subforelllen, time-study
men, timekeepers, and salesmen. We see no reason for departing from
such unit.
We find that all production and maintenance employees at the Vernon
plant of the Company, including employees in the feed yard, garage,
Formay plant, soap plant, gas plant, engine, room, drum house, and
service department, truck drivers, and packing and shipping employees,
but excluding deputized watchmen, office and clerical workers wherever
located, all supervisory employees having the authority to fire and/or
hire, foremen, subforemen, time-study lnen, timekeepers, and salesmen,
constitute a unit appropriate for, the purpose 'of collective bargaining,
and that said unit will insure to employees of the Company full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETE1111INATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an elec-
tion by secret ballot. The parties agreed at the hearing that in the
event the Board directed an election , eligibility of employees to vote
should be determined by the Company's pay roll of October 19, 1940.
We find that those employees of the Company -within the appropriate
unit whose names appear on the 'Company' s' pay roll of October 19,
1940, shall be eligible to vote , excluding those who have since quit or
been discharged for cause.
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 at the Vernon plant of Swift & Company, within
3 The parties agreed that H Hendrickson , C Dickson ,- Joe Mack, R Neill , D Peterson,
11 Baker , R Pence , E Pasonault, and C R Call should be considered production em-,
ployees and deemed eligible to vote in the election
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the meaning of Section 9 (c) and Section 2. (6) and (7) of the National
Labor Relations Act.
' 2. All production and maintenance employees at the Vernon plant
of the Company, including employees in the feed yard, garage, Formay
plant, soap plant, gas plant, engine room, drum house, and service
department, truck' drivers, and packing and shipping employees, but
excluding deputized watchmen, office and clerical workers wherever
located, all supervisory employees having the authority to fire and/or
hire, foremen; subforemen, time-study men, timekeepers, and salesmen,
constitute a unit appropriate 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 Relations 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 authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with Swift & Company, Vernon, California, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days of the date of this Direction, uiider -the direction-and' supervision
of the Regional Director for the Twenty-first 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 and maintenance employees at the Vernon plant of the
Company whose names appear on the Company's pay roll of October
19, 1940, including employees in the feed yard, garage, Formay plant,
soap plant, gas plant, engine room, drum house, and service depart-
ment, truck drivers, packing and shipping employees, but excluding
deputized watchmen, office, and clerical workers, wherever located, all
supervisory employees having the authority to fire and/or hire, fore-
men, subforemen, time-study men, timekeepers, salesmen, and em-
ployees who have since quit or been discharged for cause, to determine
whether they desire to be represented by United Packing House
Workers of America, Local 67, affiliated with the Congress 6f Indus-
trial Organizations, or by Packing House Workers Union of Los
Angeles, Local No. 1, for the purposes of collective bargaining, or by
neither.