Swift & Co.

National Labor Relations Board - Board Decisions

Jul 10, 1942

42 N.L.R.B. 304 (N.L.R.B. 1942)

In the Matter of SWIFT & COMPANY; "FERTILIZER WORKS and BROTHER-
HOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, LAKELAND LODGE
No 823
In the Matter of SWIFT & COMPANY,'F'ERTILIZER WORKS and UNITED
PHOSPHATE WORKERS' LOCAL UNION No 22685, A F OF L
Cases Nos R-5656 and R-3657, respectively
, SUPPLEMENTAL, DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 10, 194
I
On April 28,'1942, the Natloiial Labor Relations Boaid issued -a
Decision and Direction of Elections," and on May 21, 1942, an Amend-
ment to Direction of Elections,2 in the above-entitled proceedings
Puisuant to the Direction of Elections and Amendment, elections by
secret ballot weie conducted on May 22 and June 19, 1942, under the"
direction and 'supervision of the Acting Regional Director for the
Tenth Region` (Atlanta, Geoigia) On June 11 and June 23, 1942,"
the Acting Regional Diiectoi, acting pursuant to Article III, Section
9, of National Labor Relatiois Board Rules and Regulations-Series
2. as amended, issued 'and duly served upon the parties Election Re-
ports on the ballot No objections to the conduct of the ballot of the
Election Reports have been filed by any of the parties
As to the balloting and,its results, the Acting Regional'Diiector-
reported as follows :
Fuemen and engineinen
Total ballots cast------------------------------------------- 8
Total ballots challenged------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted----------------------------------- 8
Total votes cast for Biotherhood of Locomotive Firemen and
Enginenien, Lakeland Lodge No 823----------------------- 8
Total votes cast against above Union------------------------- 0
140 N L R B 931
241N L R B 166
42 N L R B,No 71
304
SWIFT & COMPANY 305
Production and maintenance employees
Total ballots cast------------------------------------------ 146
Total ballots challenged-1---------------------------------- 1
Total \oid ballots----------------I-------------------------- 0
Total %alid votes counted ----------------------------- ----- 145
-Votes cast foi United Phosphate Woikeis' Local Union # 22685,
A F of L------------------------------------------------ 114
Votes cast against above Union--- y ________________________ 31
In the Decision and Direction of Elections previously referred to,
the Boaid inade no final deteimination as to the appropriate unit
pending the results of the elections
Upon the entice record in the case, the Board makes the following
SUPPLEMENTAL FINDINGS OF FACT
We find that firemen and enginemen, employed on the railroad
of Swift & Company, Fertilizer Works, Bartow, Florida, including
the flagmen and Pieice, but excluding other flagmen, the tiack- repair
foieman and crew, constitute a unit appropriate fox the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act
We fuithei find that all employees of the Company, includ-
ing sample men, the construction-depaitinent working foreman
(McCauley), the mechanical-department woiking foreman (Collier),
diagline operators, and prospectois, but excluding managerial,
clerical, and supervisory employees, firemen and enginemen and the
flagman Pierce, the Works manager, the sales force, commissary and
filling station employees, chemists, the chief electrician, the mining
engineer, hoiticulturists, foremen in the rock-dryer plant, the con-
struction foreman, the master mechanic, the assistant master mechanic,
the mine supeiintendent, the assistant mine superintendent; the chief
supervisor of the flotation, plant, the prospector foreman, the track-
s epair crew foreman, the supervisors in the fertilizer plant (Denham,
Wright, and Manley), the assistant foreman of the construction de-
partment (Yarborough), the mine-pit foreman (Lund`and Drawdy),
and the flotation-plant shift foremen, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Laboi Relations Board by Section 9 (c) of the National Labor Rela-
tions 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, -
472814-42-vol 42-20
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that Brotherhood of Locomotive Firemen
and Enginemen , Lakeland Lodge No 823 , has been designated and
selected by a Majority of firemen and enginemen of Swift & Coinpany,
Fertilizer Works, Bartow , Florida, including the flagman Pierce,
but excluding other flagmen, and the - track-repair foreman and crew,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, Brotherhood of Locomo-
tive Firemen and Engmemen , Lakeland Lodge No 823 , is the exclu-
sive representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages , hours of employment,
and other conditions of'employment _ _ -
IT IS HEREBY CERTIFIED that United Phosphate Workers' Local Union
No 22685, affiliated with the Aiiieri`can Fedeiation of Labor , has been
designated and selected by a majority of the employees of Swift &
Company, Fertilizer Works, Bartow, Florida, including 'sample men,
the construction -department working foreman ( McCauley), the
mechanical -department working ` foreman ( Collier ), dragline oper-
ators and prospectors ,.liut excluding managerial , clerical , and super-
visory employees , fit emen and enginemen and the flagman' Piei ce, the'
Works manager, the sales force , commissary and filling station em-
ployees, chemists , the chief electrician , the mining engineer, hor-
ticulturists , foremen in the rock -dryer plant, the construction fore-
man, the master mechanic, the assistant master' mechanic , the mine
superintendent , the assistant mine superintendent , the chief super-_'
visor of the flotation plant, the prospector foreman, the - track'iepair
crew foreman , the supervisors in the fertilizer plant' ( Denham,
Wiight, , and Manley ), the assistant foreman - of the construction de-
partment ( Yarborough ), We mine-pit foremen ( Lund and Drawdy),
and the flotation -plant shift foremen, as their representative for the
purposes 'of collective bargaining , and that, pursuant to Section 9
(a) of the Act, United Phosphate Workers' Local Union No 22685,
affiliated with the American - Federation of Labor, is the exclusive
representative of all such employees for' the purposes 'of collective
bargaining with respect to rates of pay,lvages, hours of employment,
and other conditions of employment
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