Swift & Co.

National Labor Relations Board - Board DecisionsOct 30, 1942

45 N.L.R.B. 209 (N.L.R.B. 1942)

In the Matter Of SWIFT & COIIPANY and AMALGAMATED MEAT CUTTERS. BUTCHER WORKMEN OF NORTH AMERICA, LOCAL 78A (A. F. L.) Case No. R-4294.-Decided October 39, 1942 Jurisdiction : meat packing and fertilizer manufacturing industry. Investigation and Certification of Representatives : existence of question: stipu- lation that Company refused to accord petitioner recognition ; election necessary. Unit Appropriate for Collective Bargaining : dock checkers at one of Company's plants, including return-goods and will-call men Mr. J. Wesley Blades and Mr. John P. Staley, of Chicago, Ill., for the Company. Mr. John I. Powderly, of East St. Louis, Ill., for the Union. Miss MYlelvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Amalgamated Meat Cutters & Butcher Workmen of North America, Local 78A (A. F. L.), herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Swift & Company, Na- tional City, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William W. Ward, Jr., Trial Examiner. Said hearing was held at St. Louis, Missouri, on September 18, 1942. The Company and the Union appeared, 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 hearing are free from prejudicial error and are hereby affirmed. At the close of the hearing, the Company made a motion that the petition be dismissed on the grounds that dock checkers, the employees here involved, are supervisory employees and part of management; and that it is improper for two affiliates of the same International to represent production and maintenance employees and supervisory em- 45 N. L. R B., No. 38. 493508-43-vol 45-14 209 210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees, respectively.' The Trial Examiner reserved ruling. The motion is hereby denied. On October 2, and 3, 1942, respectively, the Union and the Company filed briefs, which the Board has considered. Upon' the entire record in the case, the Board makes the fol- lowing : FINDINGS OF FACT 1. TILE BUSINESS OF THE COMPANY i Swift & Company, an Illinois corporation, having its general of- fices at Chicago, Illinois, is engaged principally in the business of acquiring and slaughtering livestock and marketing the products thereof, and in the manufacture of fertilizer. This proceeding in- volves the Company's packinghouse and fertilizing works located in National City, Illinois, herein called the National City plant. The Company purchases, annually, over 95 percent of its calves and sheep at the public stockyards in National City, Illinois. Approxi- mately 30 percent of its hogs are secured directly from sources out- side the State of Illinois. A substantial part of the livestock pur- chased at the public stockyards in National City, Illinois, originates in other States. Approximately 83 percent of the products processed or manufactured annually at the National City plant is shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TFIE ORGANIZATION INVOLVED Amalgamated Meat Cutters & Butcher Workmen of North America, Local 78A, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question concerning representation had arisen in that the Company has refused to recognize or to meet with the Union, which had claimed to represent a majority of the Company's employees known as dock checkers and had requested recognition as their exclusive bargaining agent, on the ground that these employees are part of management. 'In a prior proceeding the Board found appropriate a unit of production and mainte- nance employees , excluding , among others , dock checkers , and certified Local 78 of the Amalgamated as the representative thereof. See Matter of Sunft & Company and Amal- gamated Meat Cutters d Butcher Workmen of North America Local 78, A. F. L., 35 N. L R B 184; 37 N L R. B. 898. SWIFT & COMPANY 211 A report prepared by the Regional Director, and introduced in evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. , IV. THE APPROPRIATE UNIT The Union contends that all dock checkers employed at the Company's National City plant constitute an appropriate unit. The Company contends that these employees are part of manage- ment, and that they should not be represented by the Union because their participation in the activities of the Union would possibly sub- ject the Company to charges of interfering with the self-organiza- tional rights of other employees. In the prior case, Local 78 of the Amalgamated requested a unit composed of all production and maintenance employees, including the dock checkers; two other unions and the Company sought their exclu- sion. The Board found the unit of production and maintenance em- ployees- appropriate, but excluded dock checkers from that unit. The Union does not seek to include dock checkers as a part of the produc- tion and maintenance unit, but on the contrary desires'that they con- stitute a separate unit. Even assuming that the dock checkers are supervisory employees, a fact not clearly established by the record be- fore us and the duties of these employees as described below, they would nevertheless be entitled to representation as a separate unit, even by the same union or an affiliate of the same International, as represents non-supervisory employees.3 The Company's contention, therefore, cannot be sustained. The Company employs 31 dock checkers. They are responsible for the proper loading of any product shipped, the condition of packages, and the icing and racking of trucks and cars. They check the number, kind, and weights of packages prior to shipment, and make out bills and dray tickets, and extend invoices. One stowman; who usually loads the products for shipment, works with each checker. The check- ers also normally engage in some manual labor such as loading and unloading trucks, poling beef, sweeping the docks, and handling 2 The Regional Director reported that the Union presented 26 application cards dated between December 1941 and May 1942, all bearing apparently genuine signatures. Of the 26 cards submitted, 23 bear the names of persons whose names are on the Company's pay roll as of June 19, 1942. This pay roll lists 31 employees in the unit. 3 Matter of Union Collieries Coal Co, Oakmont, Pa. and Mine Officials' Union of America (IND), 44 N L R B 165; Matter of Codchaua'Sugars, Inc. and United Sugar Workers, Local Industrial Union No 1186, C I. 0, 44 N L R B. 874 212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD freight. It appears, however, that during the 3-month period preced- ing the hearing, due to a shortage of checkers, the dock checkers have devoted most of their time to checking. Moreover, these employees have indicated a desire for separate representation through the Union. We conclude, therefore, that dock checkers constitute a sufficiently homogeneous group and may properly comprise an appropriate bar- gaining unit. The parties further disagree as to whether four employees, Jondro, Rolfe, Beckman, and Leuther, should be included in the unit. The Union desires their inclusion. The Company contends that their work is different from that of dock checkers and that they should be ex- cluded. Jondro'and Rolfe are return-goods men. Beckman and Leu- ther are will-call men. The return-goods men receive returned goods, make out tickets for all items returned, and credit the returns to cus- tomers. They check the stock, are responsible for storing material returned, in a return refrigerated locker awaiting inspection by a government inspector, and then after inspection make out records. showing the disposition of these products. These employees also do some dock checking. Will-call men assemble orders which are to be called for by the customer. It is their duty to see that the products ordered from the produce departments are delivered to them. After they check the orders, they make out appropriate bills of lading. If the orders are not too large, they assist the customers in loading them. The will-call men perform certain clerical duties with,respect to car- load shipments, handle freight, and at time, also engage in dock checking. We conclude that these employees are engaged in similar work to that of the dock checkers and we shall include them in the unit. We find that all dock checkers employed by the Company in its National City, Illinois, plant, including return-goods and will-call men, constitute a unit appropriate for the purposes-of collective bar- gaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direc- tion. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Boardby Section 9 (c) of the National Labor Relations Act, I SWIFT & COMPANY 213 and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Swift & Company, National City, Illinois, 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, 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 10, of said Rules and Regulations, among all employees of the Com- pany within the, unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, 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 employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented, by Amalgamated Meat Cutters & Butcher Workmen of North America, Local 78A (A. F. L.), for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.