Swift & Co.

National Labor Relations Board - Board Decisions

Jul 31, 1942

42 N.L.R.B. 1184 (N.L.R.B. 1942)

In the Matter of SWIFT & COMPANY and AMALGAMATED MEAT CUTTERS
AND BUTCHER WORKMEN, A. F. OF L, LOCAL No. 405
Case No. R-3953.-Decided July 31,194
Jurisdiction : daily and poultry products processing , and cream cheese and ice
cream manufacturing industry
Investigation and Certification of Representatives : existence of question, re-
fusal to accord union recognition until a designation by the Board of the bar-
gaining representative , dispute as to appioprrate unit, election necessary,
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of the Company's plants, excluding supervisory employees,
office and cleiical employees , salesmen, watchmen , and the cabinet serviceman;
unit based upon extent of organization ^,
Mr. William N. Strack, of Chicago, Ill , for the Company.
Mr A. C. Allen, of Nashville, Tenn., for the Union.
Mr Harry H Kuskin, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters and Butcher
Workmen, Local No. 405, affiliated with the American Federation of
Labor, herein called the Union, alleging that_a question affecting com-
merce had arisen concerning the representation of employees of Swift
& Company, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
William M. Pate, Trial Examiner. Said hearing was held at Nash-
ville, Tennessee, on June 18, 1942. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings, made at the
- 42 N L R B, No. 216
1184
t
SWIFT & COMPANY 1185
hearing, are free from prejudicial error and are hereby affirmed. On
July 6, 1942,'-the Company filed a brief which the Board has duly
considered. ,
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Swift & Company is an Illinois corporation with its principal of-
fice at Chicago, Illinois. It is engaged chiefly in the purchase and
slaughter of livestock and in the marketing of products thereof; it
also purchases, processes, and sells poultry, dairy, and other food
products. The Company's operations with which we are here con-
cerned are carried on in two plants in Nashville, Tennessee + One
of the plants, located on Fourth Avenue North, is herein called the
Fourth Avenue plant, and, is devoted to the processing of dairy and
poultry products, and the other, located on Church Street, is herein
called the Church Street plant, and is devoted to the manufacture of
cream cheese and ice cream During the period between October 1,
1940, and October 30, 1941, the Company purchased for use in the
two plants raw materials valued at approximately $2,500,000, about,
80 percent of which came from outside the State During the same
period, the gross sales at the two plants amounted to approximately
$3,000,000, 'about 95 percent of which were made to customers out-
side the State The Company admits that it is engaged in commerce
at the two plants, within the meaning of the National Labor Rela-
tions Act.
II THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen, Local No 405,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION ,
On May 6, 1942, the Union sent a letter to the Company averring,
in effect, that it represented a majority of the employees at the Com-
pany's Fourth Avenue plant and requesting the Company to nego-
tiate with a committee of the Union At a conference held thereafter,
the Company refused to recognize the Union as sole bargaining rep-'
resentative of such employees until a designation by the Board of
the bargaining representative.
472814-42-vol 42-75
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Field Examiner, introduced into evidence at the
hearing, shows that the Union repiesents a substantial number of
employees in the unit herein found to be appropriate 1
We find that a question affecting commeice has arisen concerning
the representation of employees of" the Company, within the mean-
ing pf Section 9 (c) and Section 2 (6) and (7) of the Act.
IT. THE APPROPRIATE UNIT
I -
The parties stipulated , in substance , that all pioduction and main-
tenance employees , excluding supeivisory employees , office and cleri-
cal employees , salesmen , watchmen , and the cabinet serviceman, con-
stitute an appropriate unit Although the parties are in accord as
to the classifications of employees to be included in and excluded
from the unit , they have been unable to agree, first , as to whether
such employees in the Fourth Avenue plant alone should comprise
the unit,, and, secondly , as to whether eight named employees are
supervisors
The Union contends that only the employees at the Fourth Avenue.
plant should constitute the appiopriate unit, while the Company
argues that the unit should comprise both plants In support of its
contention , the Company asserts , and the record shows, the following
although the two plants are now approximately 1i/I miles apait,
plans ,have been completed and land and equipment purchased, for
the eiection of a new plant adjacent to the Fouith Avenue plant, to
house the department now located at the Church Street plant. The
Company operates both plants as a single unit under the control of
a single superintendent , assistant supeiintendent , and general man-
ager, woiking conditions are the same at both plants ; all clerical
woik is performed at, and repairs to plant equipment are handled
from, ,the Fourth Avenue plant; strawbeiries ate packed in the Fourth
Avenues plant for use in the Chuich Stieet plant , other ingredients
necessary fox production at the ice cream department of the Church
Street plant are received at the Fourth Avenue plant and delivered
to the Church Stieet plant ; and the Company transfers employees
from the Fourth Avenue plant to the Church Street plant during
the summer season, having also effected several permanent transfers
. On the other hand, the record shows that only the employees in the
Fourth Avenue plant have sought to have the Union iepiesent them,
-and it does not appear that the Union has attempted to organize the
-'The Field Examiner reported that the Union submitted 36 authorization cards dated
between May 1 and May 12, 1942, that all the cards bore signatures which appeared to
be genuine, and that 32 of the 30 names appearing on the cards also appeared on the
Company ' s pay roll of April 30, 1942 The pay roll contains the names of 63 persons at
the Fourth Asenue plant I
SWIFT & CODIPANY 1187
Church Street plant The Union admits, however, that its jurisdic-
tion extends to employees in the Church Street plant
Although the, evidence offeied by the Company tends to prove that
the production and maintenance employees at both plants might
appropriately be repiesented in a single unit, we have, under the
circumstances piesented by this case, followed the practice of finding
appropriate a unit A%hich coiresponds to the extent of employee self-
organization 2 We shall, consequently, include only the production
and maintenance employees at the Fouith Avenue plant in the ap-
propriate unit Our determination herein as to the appropriate unit,
however, is no bar to a later ievision in accordance with changes in
the status of self-organization of the Company's employees
The Union and the Company differ as to which employees are to
be clasified as supervisors and to be excluded as such from the unit:
The Union contends that only those employees who are "in charge of
the men" and have the power to hire and dischaige are to be so ex-
cluded Specifically, the dispute cenceins the following employees:
N T Leadbetter, U F Dooley, Jack Shelton, 0 D Selley, W W.
Cooksie, H E Eskew, J D Pattei son, and T B Di ' vig Since Pat-
terson is employed at the Chuich Street plant and will consequently
be excluded fiom the unit, we shall not consider the conflict as to
his status The manufactuimg and processing operations at the
Fouith Avenue plant, and all operations incidental theieto, aie, per-
formed piincipally in 8 operating-depaitments, viz, creamery, poultry
packing, poultiy dressing, receiving and shipping, egg operations
and packing of sti awberries and drawing poultry, print i oom, poultry
feeding, and power department In each department, there is 1 em-
ployee thiough wlioni the supeiintendent and assistant supeiintendent
contiol the operations performed therein The 7 employees whose
status is disputed fall within this category- Leadbetter is employed
in the ci eamery depaitment where the peisonnel vanes `fi om 7 to 9;
Dooley is employed in the packing room,, where the petsonnel num-
bers 3, Shelton is employed in the poultry dressing department,
wheie the pei sonnet numbers 13; Salley is employed in the i eceiving
and shipping department, where the personnel vaiies from 4 to 7;
Cooksie is employed in the egg operations, strawbeiry packing, and
poultry drawing department, where the personnel numbers about 14;
Eskew is employed in the paint room, where the peisonnel numbers
9; and Davis is employed in the feeding depaitment, where the per-
sonnel numbers 5 of 6 Each of these individuals assigns employees
2 See Matter of Goldblatt Bros . Inc and O ice Employees ' Union No 20732, A F of L,
41 N L -R 13 741 , Matter of Richmond Gie,lhound Lines , Inc and Amalgamated Asso-
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