Swift & Co.

National Labor Relations Board - Board Decisions

Jun 3, 1946

68 N.L.R.B. 440 (N.L.R.B. 1946)

In the Matter of SWIFT & COMPANY and INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS, LOCAL
955, A. F. OF L.
In the Matter of SWIFT & COMPANY and UNITED PACKINGHOUSE WORK-
ERS OF AMERICA, C. I. O.
Cases Nos. 17-R-1169 and 17-R-1174, respectively.-
Decided June 3, 1946
Mr. Neal J. Huff, of Chicago, Ill., and S. W. Howard, of Kansas
City, Kans., for the Company.
Messrs. John J. Manning, W. R. Sherry, and W. L. Anderson, of
Kansas City, Mo., for the Teamsters.
Messrs. Leslie Orear and Frank L. Brown, of Kansas City, Mo., for
the C. I. O.
Mr. Donald O. Mahon, of Kansas City, Mo., for the National
Brotherhood.
Mr. Donald H. Corson, of Des Moines, Iowa, and Mr. David Flaherty,
of Kansas City, Kans., for the Independent.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 955,
A. F. of L., herein called the Teamsters, and United Packinghouse
Workers of America, C. I. 0., herein called the C. I. 0., alleging that
questions affecting commerce have arisen concerning the representation
of employees of Swift & Company, Chicago, Illinois, herein called the
Company, at its Kansas City, Kansas, plant, the National Labor Rela-
tions Board provided for an appropriate consolidated hearing upon due
notice before Harry L. Browne, Trial Examiner. Said hearing was held
at Kansas City, Missouri, on December 28, 1945. At the commencement
68 N. L R. B., No. 59.
440
SWIFT & COMPANY 441
of the hearing the Trial Examiner granted a motion of the Independent
Packinghouse Workers Union of Kansas City, Kansas, affiliated with
the National Brotherhood of Packinghouse Workers, Confederated
Unions of America, herein called the Independent, to intervene. The
Board, the Company, the Teamsters, the C. I. 0., the Independent, and
the National Brotherhood of Packinghouse Workers, herein called the
National Brotherhood,- appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. At the hear-
ing the Independent moved to dismiss the petitions. For the reasons
stated in Section III, infra, the motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
On January 17, 1946, approximately 3 weeks after the close of the
hearing, the International Association of Machinists, herein called the
I. A. M., filed a motion to intervene, alleging that it represented a
majority of "all machinists, machinists' helpers and machinists' appren-
tices employed by the Company at its Kansas City, Kansas, plant." Both
the Company and the Teamsters oppose the granting of the I. A. M.'s
motion. Inasmuch as it appears that the I. A. M. did not have any
representation interest in the employees affected at the time of the hear-
ing, its motion to intervene is hereby denied .2
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 corporatiQn with its principal office
and place of business in Chicago, Illinois. It is engaged in meat process-
ing and meat packing and operates many plants throughout the United
States. Only the employees at the Company's Kansas City, Kansas, plant
are involved in this proceeding.
During the year 1945 the Company purchased livestock, materials and
supplies valued in excess of $4,000,000, of which approximately 90 per-
cent was shipped to the Kansas City plant from points outside the
State of Kansas. During the same period the Company sold materials
' Successor to International Brotherhood of Swift Employees , with which the Independent
formerly had been affiliated.
' The Regional Director reported that the I. A. M. submitted 11 authorization cards, all of
which bole the names of employees listed on the Company 's pay roll of January 24, 1946,
which contained the names of 23 employees in thh proposed unit Three of the cards were
dated January 16, 1946 ; 1 card was dated January 23 , 1946, 6 cards ware dated January 25,
1946; and I card was dated January 26, 1946. See Matter of United Boat Service Corporation,
55 N. L. R. B. 67.
442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and other products manufactured at its Kansas City plant valued in
excess of $5,000,000, of which approximately 90 percent was sold and
delivered to points outside the State of Kansas.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers, Local 955, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
United Packinghouse Workers of America, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Independent Packinghouse Workers Union of Kansas City, Kansas,
affiliated with the National Brotherhood of Packinghouse Workers, Con-
federated Unions of America, is a labor organization admitting to mem-
bership employees of the Company.
III, THE QUESTIONS CONCERNING REPRESENTATION
Swift & Company processes meats in nanny plants throughout the
United States. Employees in a number of these plants are represented
by the C. I. 0., the National Brotherhood, and by the Amalgamated
Meat Cutters and Butcher Workmen of North America, A. F. L. Each
of these three labor organizations negotiates with the Company contracts
of 1-year duration covering all employees at the Company's meat plants,
who are represented respectively by them through their local unions.
When one of these labor organizations acquires representation of em-
ployees of an additional plant during a contract year, such employees are
by negotiation with the Company deemed covered by the master contract
between such organization and the Company. The terminal date of all
these master contracts is August 11. The contracts provide that they are
automatically renewable unless opened by either party by written notice
30 days prior to August 11 of any given year. The contracts further
provide that they may be opened once during the contract year by ap-
propriate notice for negotiation as to wages.
The Teamsters has contractual relations with the Company at some
of its plants but has no master agreement, and no contractual relation
exists between the Teamsters and the Company at the Kansas City,
Kansas, plant.
In December 1944, pursuant to the option contained in its master
contract, the National Brotherhood gave appropriate notice to Swift &
I
SWIFT & COMPANY 443
Company that it desired to open its master contract as to wages. This
master contract covered the employees at the Kansas City plant who were
represented by the Independent, the local affiliated with the National
Brotherhood. Thereafter, wages as well as other contested issues between
the Company and the National Brotherhood were submitted to the War
Labor Board for settlement. On February 20, 1945, the War Labor
Board issued a supplementary directive that the Company and the
National Brotherhood should negotiate on certain issues between them,
embody their agreement in writing, and report back to the War Labor
Board for approval. On May 15, 1945, the Company and the National
Brotherhood executed a new master contract which embodied previous
agreements reached on contested issues and which, by its terms, was
extended to August 11, 1946, with the same automatic renewal clause
as contained in the previous master agreement. This contract was ap-
proved by the War Labor Board on May 23, 1945.3
By letter dated June 29, 1945, the Teamsters advised the Company
that it represented the majority of the truck drivers at the Kansas City
plant and asked to be recognized as the collective bargaining representa-
tive for the truck drivers. Three days later the C. I. O. by letter re-
quested the Company to deal with it concerning matters of collective
bargaining on behalf of the production and maintenance employees. In
each case, the Company refused the request.
The National Brotherhood and the Independent contend that the
master contract executed on May 15, 1945, and continuing in effect
until August 11, 1946, constitutes a bar to a determination of represen-
tatives for employees at the Company's Kansas City, Kansas, plant. We
do not agree. Since the master contract of May 15, 1945, constitutes a
premature renewal of the master contract terminating August 11, 1945,
we find that the master contract of May 15, 1945, does not constitute a
bar to a determination of representatives for employees at the Kansas
City, Kansas, plant at this time 4
Statements prepared by a Board agent and received into evidence at
the hearing indicate that the Teamsters and C. I. O. represent a sub-
stantial number of employees in the respective units hereinafter found
appropriate.6
3 By appropriate notice, the contract was opened in October or November 1945, for the
purpose of negotiations on wages.
* The Company had "knowledge" of a conflicting claim prior to the execution of May 15,
1945, master contract inasmuch as the Teamsters made its initial claim known to the Company on
September 8, 1944. Cf. Matter of Swift and Company (Winona Plant), 64 N. L. R. B. 880.
The Field Examiner reported that the Teamsters submitted 17 application blanks, 9 of
which bore the names of employees listed on the Company's pay roll of July 14, 1945, which
contained the names of 16 employees in the unit proposed by the Teamsters . The Field
Examiner further reported that the C. I. O. submitted 621 membership cards, 496 of which
bore the names of employees listed on the Company's pay roll of July 7, 1945, and that there
were 1 , 479 employees in the unit proposed by the C. I. O. The Independent relies upon its
current contract as evidence of its interest.
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have arisen concerning the
representation of employees at the Company's Kansas City, Kansas, plant
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
IV. THE APPROPRIATE UNITS
In Case No. 17-R-1169, the Teamsters requests a unit composed of
all wholesale market and plant sales delivery truck drivers. In Case No.
17-R-1174, the C. I. O. requests a unit composed of all production and
maintenance employees, excluding, inter alia, the truck drivers. The
National Brotherhood and the Independent contend, however, that only
a single unit composed of production and maintenance employees and
truck drivers is appropriate. The Company made no objection to the
units requested by the Teamsters and the C. I. O.
On June 24, 1943, the Company, the Teamsters, the Independent, and
the C. 1. 0.e entered into an Agreement for Consent Election covering
employees of the Company at the Kansas City plant in the following
separate units, to wit; a unit of production and maintenance employees,
and a unit of truck drivers.? Pursuant to this agreement, the Board con-
ducted an election on June 1, 1943, in which the Independent was
selected as the bargaining representative by the employees in the pro-
duction and maintenance and truck drivers unit, respectively. On July 8,
1943, the employees in each of the above units were formally covered by
the terms and provisions of the original master contract heretofore
mentioned. The Company and the Independent have bargained on the
basis of two separate units from July 8, 1943, to May 15, 1945, when
pursuant to their "new" master contract, they initiated bargaining on
the basis of a single unit of production and maintenance workers and
truck drivers. Bargaining on the basis of a single unit has continued at
the Company's plant up to the present time.
In view of the prior history of collective bargaining from July 1943
to May 1945, and the homogeneous and distinct nature of the truck
drivers' unit, we are of the opinion that a separate unit for the truck
drivers at the Company's Kansas City plant is appropriate. Furthermore,
we are of the opinion that the bargaining history at the Company's Kan-
sas City plant since May 1945 is not of sufficiently long duration to
justify the conclusion that a separate unit for truck drivers is not ap-
propriate s Under these circumstances we shall find that a unit of truck
drivers and a unit of production and maintenance employees constitute
8 At that time this labor organization had not affiliated with the C. I O. and was then
known as "the Packinghouse Workers Organizing Committee."
T The record reveals that the truck drivers at the Company's Kansas City plant comprise a
separate and distinct group of employees.
See Matter of Federal Telephone and Radio Corporation, 49 N. L. R B 938.
SWIFT & COMPANY 445
the appropriate bargaining units for the employees at the Company's
Kansas City, Kansas, plant.
Accordingly, we find that the following constitute units appropriate
for the purposes of collective bargaining at the Company's Kansas City,
Kansas, plant, within the meaning of Section 9 (b) of the Act:
(1) All wholesale market and plant sales delivery truck drivers, ex-
cluding all supervisory truck drivers with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees or recommend such action ;
(2) All production and maintenance employees, including stationary
engineers,9 but excluding receiving office employees, research laboratory
employees, time and employment office employees, plant protection em-
ployees (policemen, watchmen, matrons, bell pullers, and firemen), clerical
employees, cashier in employees' store, credit union employees, reship
clerk, draftsmen, standards department employees, general office em-
ployees, brick masons, all wholesale market and plant sales delivery truck
drivers, superintendent, assistant superintendent, division superintend-
ents, night superintendent, general foremen, foremen, foreladies, assist-
ant foremen, gang leaders, and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
The Company, in effect, urges that its employees presently absent on
military leave should be permitted to vote by mail. It appears that the
Company maintains the current addresses of the employees in the armed
services, and that at the time of the hearing, there were approximately
800 such employees within the unit herein found appropriate. We are
of the opinion that the facts in this case do not differ substantially from
those in the Matter of South West Pennsylvania Pipe Lines.10 Accord-
ingly, we shall grant the Company's request.
We will direct that the questions concerning representation be resolved
by separate elections by secret ballot among the employees in the ap-
propriate units who were employed during the pay-roll period im-
mediately preceding the date of the elections herein, subject to the limi-
tations and additions set forth in the Direction.11 In this case, the Re-
gional Director is authorized to mail ballots to employees within the
appropriate units on military leave, provided one or more of the parties
hereto, within seven (7) days from the receipt of the Direction of Elec-
tions, files with the Regional Director a list containing the names, most
"The record reveals that these employees do not exercise supervisory authority with the
Board's customary definition.
10 64 N L. R. B 1384.
11 The C. I. O. waived any right to object to the elections because of the amended charges it
filed against the Company in Matter of Swift and Company, Case No. 17-C-1314.
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
recent addresses, and work classifications of such employees. The Re-
gional Director shall open and count the ballots cast by mail by employees
on military leave, provided that such ballots be returned to and received
at the Regional Office within thirty (30) days from the date they are
mailed to the employees by the Regional Director 12
DIRECTION OF ELECTIONS
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it it hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Swift & Company, Kansas
City, Kansas, elections by secret ballot shall be conducted as early as
possible, but not later than forty-five (45) days from the date of this
Direction, under the direction and supervision of the Regional Director
for the Seventeenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Sections 10
and 11, of said Rules and Regulations, among the employees in units
found appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the elections, to de-
termine whether the employees in unit 1 desire to be represented by
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers, Local 955, A. F. of L., or by Independent Packinghouse
Workers Union of Kansas City, Kansas, affiliated with the National
Brotherhood of Packinghouse Workers, Confederated Unions of Amer-
ica, for collective bargaining purposes, or by neither; and whether the
employees in unit 2 desire to be represented by United Packinghouse
Workers of America, C. I. 0., or by Independent Packinghouse Work-
ers Union of Kansas City, Kansas, affiliated with the National Brother-
hood of Packinghouse Workers, Confederated Unions of America, for
collective bargaining purposes, or by neither.
11 A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary in order to avoid
challenges and post election objections. Accordingly, the Board will make available to all
interested parties any information of this nature furnished it by any other party. In the event
that the parties should send the absentee voters any information or literature bearing directly
or indirectly on the pending election, copies of all such documents should be simultaneously
filed with the Regional Office for inspection by or transmittal to the other parties . However,
acceptance or transmittal of such literature by the Board's office is not to be construed as
conferring immunity on the filing party in the event that objections are later interposed
coaceroing its content . The usual principles will apply.