Swift & Co.

National Labor Relations Board - Board DecisionsNov 29, 1941

37 N.L.R.B. 208 (N.L.R.B. 1941)

In the Matter Of SWIFT & COD[PANY and AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L. Case No. B-2713 SUPPLEMENTAL DECISION AND DIRECTION OF SECOND RUN-OFF ELECTION November 29,, 1941 On September 5, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election,l and on October 25, 1941, a Supplemental Decision and Second Direction of Election in the above -entitled' proceeding .! Pursuant to the Second Direction of Election, a run-off election by secret ballot was conducted on November 7, 1941, under the direction and supervision of the Acting Regional Director for the Fourteenth Region (St. Louis, Missouri ). On November 10, 1941, the Acting Regional Director , acting pursuant to Article III, Section 9, of the National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report on the balloting . Thereafter , on or about November 18, 1941, Packinghouse Workers Organizing Committee , affiliated with the Congress of In- dustrial Organizations , filed with the Board in Washington a docu- ment entitled "Objection to Recent Run-off Election ." The Board has considered the objections set forth therein and finds that they raise no substantial and material issues . They are hereby overruled. As to the balloting and its results, the Acting Regional Director reported as follows : (Number of names on eligibility list-1,587) Total number of ballots cast------------------------------ 1193 Number of ballots challenged------------------------------ 6 Number of blank ballots ------------------------------------- 1 Number of void ballots------------------------------------ 7 Total number of valid votes counted------------------------ 1179 135N L R. B, No 41. 2 36 N. L R . B. 401. 37 N L. R. B, No. 32. 208 SWIFT & COMPANY 209 Number of ballots voted for Amalgamated Meat Cutters & Butcher Workmen of North America, A.,F. of L----------- 442 Number of ballots voted for Packinghouse Workers Organ- izing Committee, 'Local Union No. 41, C. I. 0------------ 352 Number of ballots voted for Swift Employees Association---__ 385 The.Election Report discloses that none of the three competing labor organizations received a majority of votes cast in the above- described run-off election. Under date of November 10, 1941, Amal- gamated Meat Cutters & Butcher Workmen of North America, A. F. of L., filed with the Regional Director a request that the Board conduct a second run-off election. In accordance with our usual practice, we shall direct a' second run-off election among employees in the unit heretofore found appropriate to determine whether they desire to be represented by Amalgamated Meat Cutters & Butcher Workmen of North America, A. F. of L., or by Swift Employees Association, for the purposes of collective bargaining. `DIRECTION OF SECOND RUN-OFF 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, 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 determine representatives for the purposes of collective bargaining with Swift' & Company, East St. Louis, Illinois, an elec- tion by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Second Run-off Election, under the direction and supervision of the Regional Director for the Fourteenth 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 the employees de- scribed in the Direction of Election issued September 5, 1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented, by Amalgamated Meat Cutters & Butcher Workmen of North America, A. F. of L., or by Swift Employees Association, for the purposes of collective bargaining. Mn. GERARD D. REIL LY took no part in the consideration of the above Supplemental Decision 'and Direction of Second Run-off Election.