Swift & Co.

National Labor Relations Board - Board Decisions

Nov 10, 1955

114 N.L.R.B. 951 (N.L.R.B. 1955)

SWIFT & COMPANY 951
Upon the entire record in these cases, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act. -
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act: All production and maintenance em-
ployees, including all hourly rated employees, but excluding salaried,
clerical, and professional employees, guards, and supervisors as de-
fined in the Act 2
[Text of Direction of Election 3 omitted from publication.]
MEMBER MulmocK took no part in the consideration of the above
Decision and Direction of Election.
1 The hearing officer properly denied the Intervenor 's motion to dismiss the instant
proceeding on the ground that the petitions were "untimely " in that ( 1) the Intervenor
and Employer had not had an opportunity to consummate negotiations commenced at
the suggestion of a member of the Senate Labor Committee during the course of a hearing
before that committee ; and (2 ) that there was still allegedly pending before the Board a
petition filed by the Intervenor in October 1953 , and resulting in a consent election,
which was , however, held invalid by a united States Court of Appeals in a Board enforce-
ment proceeding . Neither of these grounds is sufficient to bar an election under the
Board's established policy.
* The unit conforms to the stipulation of the parties.
sThe Intervenor contends , alternatively , ( 1) that the eligibility list should be the same
as that used in the 1953 election mentioned above or that (2) the eligibility list should
include those persons employed immediately prior to a strike which began June 14, 1954,
and which is apparently still current . As to ( 1), no valid reason appears for adopting
the list used in the 1953 election , thereby disfranchising any current employees who were
not employed at the time of that election . As to ( 2), the record shows that at the time
of the hearing there were 128 employees, including 8 replacements for the strikers ; that
there were 259 employees prior to the strike ; and that there is no prospect of business
conditions improving in the foreseeable future so as to warrant the hiring of additional
employees . As the strike has been in progress for more than a year, we find , in the absence
of any evidence to the contrary , that any replacements for the strikers are permanent
We find further that the Employer has no present need for additional workers, and so has
no unfilled vacancies . Accordingly , we find that those who struck on June 14 , 1954, are
not eligible to vote unless they have been recalled by the eligibility date.
The Petitioner in Case No . 3-RC-1574 contends that the eligibility date should be the
date its petition was filed. However , no reason appears for believing that such an
eligibility date will assure a more representative electorate than will the more current
date customarily used by the Board. Accordingly , we find no merit in this contention and
will adhere to our usual practice in this regard.
Swift & Company and Local 508, Amalgamated Meat Cutters
and Butcher Work-men of North America , AFL. Case No.
2O-CA-1110. November 10, 1955
DECISION AND ORDER
Upon a charge duly filed on June 13, 1955, .by Local 508, Amalga-
mated Meat Cutters and Butcher Workmen of North America, AFL,
114 NLRB No. 146.
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the Union, the General Counsel of the National Labor
Relations Board, herein called the General Counsel, by the Acting
Regional Director for the Twentieth Region, issued a complaint dated
August 3, 1955, against Swift & Company, herein called the Respond-
ent, alleging that the Respondent had engaged in and was engaging
in unfair labor practices affecting commerce within the meaning of
Section 8 (a) (5) and (1) and Section 2 (6), and (7) of the Act.
Copies of the complaint, the charge, and the notice of hearing were
duly served upon the Respondent and the Union.
With respect to the unfair labor practices, the complaint alleged in
substance that since on or about April 27, 1955, the Respondent has
refused to bargain collectively with the Union as the exclusive repre-
sentative of all employees in the appropriate unit for which the Union
was certified as bargaining representative on March 28, 1955.1 On or
about August 10, 1955, the Respondent filed an answer to the complaint
admitting the refusal to bargain,.but contending that the petition in
Case No. 20-RC-2695 should have been dismissed because the individ-
uals sought to be represented by the Union did not constitute an
appropriate unit.
Thereafter, on or about August 19, 1955, all parties entered into a
stipulation setting forth an agreed statement of facts. The stipula-
tion provides that the parties waive their rights to a hearing, to the
issuance of a Trial Examiner's Intermediate Report and Recom-
mended Order, and to the filing of exceptions and oral argument be-
fore the Board. It also provides that the entire record in the proceed-
ing shall consist of the stipulation, the charge, the complaint, the
notice of hearing, the Respondent's answer, the affidavits and proof
of service of the foregoing documents, and the official reporter's tran-
script in Swift cC Company, Case No. 20-RC-2695, and all exhibits
introduced in said proceeding. The stipulation further provides that,
upon such stipulation and the record as therein provided, the Board
may make findings of fact and conclusions of law, and may issue an
appropriate Decision and Order which shall have the same force and
effect as if made after full hearing and presentation of evidence.
The aforesaid stipulation is hereby approved and accepted and
made a part of the record in this case. In accordance with Section
102.45 of National Labor Relations Board Rules and Regulations-
Series 6, as amended, this proceeding was duly transferred to and
continued before the Board.
' Upon,the basis of the aforesaid stipulation, the record and proceed-
ing in Case No. 20-RC-2695, and the entire record in this case, the
I An election was held on March 18, 1955 , pursuant to the Board 's Decision and Direc-
tion of Election in Swift & Company , 20-RC-2695 , not reported in printed volumes of
Board Decisions and Orders.
SWIFT & COMPANY 953
Board, having duly considered the briefs filed by the General Counsel
and the Respondent, makes the following :
FINDINGS OF FACT
1. TILE BUSINESS OF THE RESPONDENT
The Respondent, an Illinois corporation, is engaged in slaughtering,
handling, and dressing livestock and selling of meat and related prod-
ucts, with its principal office in Chicago, Illinois, and branch plants
and offices located throughout the United States. During the 1954
calendar year, the Respondent purchased and received at its plant in
South San Francisco, California, which is alone involved herein,
products valued in excess of $10,000,000, of which approximately 56
percent was received directly from points outside the State of Cali-
fornia. During the same period, the Respondent sold products from
its South San Francisco plant valued in excess of $10,000,000, of 'Which
approximately 20 percent was shipped directly to points outside the
State. We find that the Respondent is engaged in commerce within
the meaning of Section 2 (6) and (7) of the Act, and that it will
effectuate the policies of the Act to assert jurisdiction in this case.
IT. THE LABOR ORGANIZATION INVOLVED
Local 508 , Amalgamated Meat Cutters and Butcher Workmen of
North America , AFL, is a labor organization within the meaning of
Section-2 ( 5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The appropriate unit and representation by the Union of a
majority therein
We find that all plant clerks and standards checkers at the Em-
ployer's South San Francisco, California, plant, excluding all other
employees, guards, and supervisors as defined in the Act, presently
constitute, and at all times since March 3, 1955,2 have constituted, a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
We ,also find that since March 18, 1955, on which date a majority of
the employees in the appropriate unit designated the Union as their
exclusive representative, the Union has been the representative of all
employees in the unit for purposes of collective bargaining with re-
spect to rates of pay, wages, hours of employment, and other condi-
tions of employment.,
a On that date the Board issued its Decision and Direction of Election in Swift & Co.,
supra, finding the above -described unit to be appropriate.
8 On March 28, 1955 , following the election , the Regional Director certified the Union
as bargaining representative of the employees in the aforesaid appropriate unit.
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
B. The refusal to bargain
The Respondent admits that on or about March 23, 1955, and at
various times thereafter, the Union requested the Respondent to bar-
gain collectively with it as the exclusive representative of employees
in the appropriate unit with respect to rates of pay, wages, hours of
employment, and other conditions of employment; and that since
April 27, 1955, the Respondent has refused to accede to such requests.
The Respondent contends that it rightfully refused to bargain with
the Union because the standards checkers and plant clerks are either
supervisors, confidential employees, or managerial representatives and
therefore cannot constitute an appropriate unit. In the representation
proceeding, the Respondent made the same contention as to the status
of these individuals. The Board rejected the contention and found
that the plant clerks and standards checkers were employees entitled
to the protection of the Act. We perceive no reason for altering our
determination in the representation proceeding that the individuals
in dispute are not supervisors within the meaning of Section 2 (11)
of the Act, or confidential employees,' or managerial representatives 5
as those terms are used by the Board. Nor do we perceive any in-
compatibility between the honest performance of duty by these plant
clerks and standards checkers and membership in a labor organization.
In view of the foregoing, we find that by refusing on and after April
27, 1955, to bargain collectively with the Union, the certified bargain-
ing representative of employees in the appropriate unit, the Respond-
ent has violated Section 8 (a) (5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, B, above,
occurring in connection with the operations of the Respondent, as
described in section I, above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow thereof.
V. THE REMEDY
Having found that the Respondent violated Section 8 (a) (5) and
(1) of the Act by refusing to bargain collectively with the Union as
the exclusive representative of the employees in the above-described
unit, we shall order the Respondent to cease and desist therefrom and
take certain affirmative action designed to effectuate the policies of
the Act.
4 The Yale and Towne Manufacturing Company, 112 NLRB 1268; Continental Baking
Company, 109 NLRB 33.
G Bachmann Uxbridge Worsted Corporation, 109 NLRB 868, 870; Chase Braes c6 Copper
Co, Incoiporated, 102 NLRB 62.
SWIFT & COMPANY 955
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Local 508, Amalgamated Meat Cutters and Butcher Workmen
of North America, AFL, is a labor organization within the meaning
of Section 2 (5) of the Act.
2. All plant clerks and standards checkers at the Employer's South
San Francisco , California, plant, excluding all other employees,
guards, and supervisors as defined in the Act, presently constitute,
and at all times since March 3, 1955 , have constituted, a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
3. Local 508, Amalgamated Meat Cutters and Butcher Workmen
of North America, AFL, was on March 18, 1955, and at all times
thereafter has been, the exclusive representative of the employees in
the aforesaid appropriate unit for the purposes of collective bargain-
ing within the meaning of Section 9 (a) of the Act.
4. By refusing on April 27, 1955, and at all times thereafter, to
bargain collectively with the Union as the exclusive representative
of the employees in the aforesaid appropriate unit , the Respondent
has engaged in and is engaging in unfair labor practices within the
meaning of Section 8 (a) (5) of the Act.
5. By said refusal to bargain, the Respondent has interfered with,
restrained , and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act, and thereby has engaged in and
is engaging in unfair labor practices within the meaning of Section
8 (a) (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the entire record in this case , and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended , the National Labor
Relations Board . hereby orders that the Respondent , its officers , agents,
successors , and assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with Local 508 , Amalgamated
Meat Cutters and Butcher Workmen of North America , AFL, as the
exclusive representative of its employees in the appropriate unit.
(b) In any like or related manner interfering with the efforts of
such representative of its employees to bargain collectively on their
behalf.
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request bargain collectively with. Local 508, Amalgamated
Meat Cutters and Butcher Workmen of North America, AFL, as the
exclusive bargaining representative of its employees in the appropriate
unit, with respect to rates of pay, wages, hours of employment, and
other conditions of employment, and, if an understanding is reached,
embody such understanding in a signed agreement.
(b) Post at its plant in South San Francisco, California, where
the employees in the appropriate unit are employed, copies of the notice
attached hereto and marked "Appendix." 6 Copies of said notice, to
be furnished by the Regional Director for the Twentieth Region, shall,
after being duly signed by the Respondent's' representative, be posted
by the Respondent immediately upon receipt thereof, and maintained
by it for a period of sixty (60) consecutive days thereafter, in con-
spicuous places, including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by the -Respond-
ent to insure that said notices are not altered, defaced, or covered by
any other material.
(c) Notify the Regional Director for the Twentieth Region in
writing, within ten (10) days from the date of this Order, what steps
the Respondent has taken to comply herewith.
MEMBER MURDOCK took no part in the consideration of the above
Decision and Order.
C In the event that this Order is enforced by a decree of a united States Court of
Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL cease and desist from :
(a) Refusing to bargain collectively with Local 508,
Amalgamated Meat Cutters and Butcher Workmen of North
America, AFL, as the exclusive representative of our em-
ployees in the appropriate unit. i
(b) In any like or related manner interfering with efforts
of such representative of our employees to bargain collec-
tively on their behalf.
WE WILL bargain collectively upon request with Local 508,
Amalgamated Meat Cutters and Butcher Workmen of North
STAR GARTER COMPANY 957
America, AFL, as the exclusive representative of employees in
the bargaining unit described herein with respect to rates of pay,
wages, hours of employment, and other conditions of employment,
and, if an understanding is reached, embody such understanding
in a signed agreement.
The bargaining unit is :
All plant clerks and standards checkers at our South San
Francisco, California, plant, excluding all other employees,
guards, and supervisors as defined in the Act.
SW= & Comn'ANY,
Employer.
Dated--------------- By-------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Star Garter Company and Local 444, United Textile Workers of
America, AFL, Petitioner. Case No. 13-RC-4222. November
10,1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, hearings were held before Albert Kleen, hearing of-
ficer. The hearing officer's rulings made at the hearings are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following rea-
sons:
The Employer is an Illinois corporation engaged in the manufac-
ture and sale of infants' and women's wear, with its sole place of
business in Chicago, Illinois. Its total sales during the calendar
year 1954 amounted to $137,521. During the same period, its pur-
chases totaled $68,862, of which about 80 percent was received directly
from points outside the State of Illinois.
During this period out-of-State sales totaled $22,665, of which
$2,401 went to unidentified customers and $20,254 were in shipments
to Sears Roebuck stores located in other States. All remaining sales
were shipments to purchasers located in the State of Illinois. To
local customers whose annual out-of-State shipments fell short of
$50,000, sales totaled $6,284. To Illinois customers-nonretail enter-
prises-each of whose direct out-of-State shipments exceeded $50,000,
114 NLRB No. 152.