Swift & Co.

National Labor Relations Board - Board DecisionsMay 26, 1941

32 N.L.R.B. 86 (N.L.R.B. 1941)

In the Matter of SWIFT & COMPANY and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL 172, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos . 0-1643 and R-1700 DIRECTION OF ELECTION May 26.1941 On March 25, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Order 1 in the above-entitled proceedings, ordering that the respondent cease and desist from cer- tain unfair labor practices and take certain affirmative action found necessary to effectuate the policies of the National Labor Relations Act, 49 Stat. 449, and therein stating that an election by secret ballot would be directed among certain employees of the respondent upon receipt of information from the Regional Director that the circum- stances permit a free choice of representatives unaffected by the re- spondent's unlawful acts. The Regional Director has since advised the Board that an election may appropriately be held at this time. By virtue of and pursuant to the power vested in the National La- bor Relations Board by Section 9 (c) of the National Labor Relations 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with Swift & Company, Springfield, Missouri, 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 of Election, under the di- rection and supervision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said rules and regulations airtong all production and maintenance employees of Swift & Company at its Springfield, Missouri, plant, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees with less than 5 years of service who, as of such pay-roll period, have been laid off for 30 or less work- ing days; employees with 5 to 10 years of service who, as of such 1 30 N. L R B 550. 32 N. L R. B, No. 14 86 SWIFT & COMPANY 87 pay-roll period, have been laid off for 60 or less working days; em- ployees with 10 to 15 years of service who, as of such pay-roll period, have been laid off for 90 or less working days; employees with 15 to 20 years of service who, as of such pay-roll period, have been laid off for 120 or less working days; employees with 20 or more years of service who, as of such pay-roll period have been laid off for 180 or less working days; and also 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 foremen, supervisory employees, office and clerical employees, and truck drivers who drive trucks more than 50 per cent of the time, and further excluding employees who have worked during 15 or less days during 1 year preceding such pay- roll period 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 Amer- ica, Local 172, for the purposes of collective bargaining.