The Blanton Co.

National Labor Relations Board - Board Decisions

Sep 24, 1941

35 N.L.R.B. 768 (N.L.R.B. 1941)

In the Matter of THE BLANTON COMPANY and AMALGAMATED MEAT-
CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL No.
545, AFL
Case No. R-2997-Decided September 24, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon pay-roll check'
Mr. L. N. D. Wells, Jr., for the Board.
Mr. John E. Dorn, of St. Louis, Mo., for the Company.
Mr. Henry Freise, of St. Louis, Mo., for the Amalgamated.
Mr. Harry F. Kline and Mr. Vergil D. Belli, of St. Louis, Mo., for
the Operating Engineers.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 13, 1941 , Amalgamated Meatcutters and Butcher
Workmen of North America , Local No . 545, affiliated with the Amer-
ican Federation of Labor, herein called the Amalgamated , filed with
the Regional Director for the Fourteenth Region ( St. Louis, Missouri),
,a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees at The Blanton Company,
St. Louis , Missouri , herein called the Company , and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat . 449, herein called
the Act. On August 2, 1941 , the National Labor Relations Board,
'herein called the Board , acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended , ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice . On September 4, 1941, the
Company , the Amalgamated and the International Union of Operat-
ing Engineers , Local No. 2, herein called the Operating Engineers, a
labor organization claiming to represent the employees directly affected
35 N L. R. B , No. 169.
768
THE BLANTON'COMPANY 769
by the investigation, and a Regional Attorney for the Board, entered
into a "STIPULATION FOR CERTIFICATION UPON PAY-
ROLL CHECK."
Pursuant to the stipulation, on September 4, 1941, the Acting
Regional Director conducted a pay-roll check:
(a) Among all production and maintenance employees of the
Company, excluding all engineers, firemen, and maintenance
employees working in the engine room, supervisors, office
and clerical employees, and truck drivers;
(b) Among all engineers, firemen, and maintenance employees
working in the engine room at the Company's-plant, exclud-
ing the chief engineer;
to determine whether or not those specified in (a) above desired
to be represented by the Amalgamated for the purposes of col-
lective bargaining; and whether or not those specified in (b) above
desired to be represented by the Operating Engineers for the
purposes of collective bargaining.
On September 5, 1941, the Acting Regional Director issued and duly
served upon the parties his Report Upon Payroll Check. No Objec-
tions to the Report Upon Payroll Check have been filed by any of
the parties.
In his report, the Acting Regional Director reported as follows
concerning the results of his pay-roll check :
A. Total number of all production and maintenance employees
of the Company excluding all engineers , firemen and main-
tenance employees working in the engine room, super-
visors, office and clerical employees, and truck drivers____ 62
Total number of employees designating the Amalgamated as
representative for the purposes of collective bargaining_- 61
B. Total number of all engineers , firemen, and maintenance
employees working in the engine room at the Company's
plant, excluding the chief engineer_____________________ 9
Total number of employees designating the Operating Engi-
neers as representative for the purposes of collective
bargaining--------------------------------------------- 6
Upon the basis of the stipulation and Report Upon Payroll Check
and, the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at The Blanton Company, St. Louis, Missouri,
within the meaning of Section '9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act. '
770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All production and maintenance employees of The Blanton Com-
pany, excluding all engineers, firemen and maintenance employees
working in the engine room, supervisors, office and clerical employees,
and truck drivers, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. All engineers, firemen and maintenance employees working in
the engine room at The Blanton Company's plant, excluding the chief
engineer, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
4. Amalgamated Meatcutters and Butcher Workmen of North
America, Local No. 545, affiliated with the American Federation of
Labor, has been designated and selected by a majority of all produc-
tion and maintenance employees of The Blanton Company, excluding
all engineers, firemen, and maintenance employees working in the
engine room, supervisors, office and clerical employees, and truck driv-
ers, as their exclusive representative for the purposes of collective bar-
gaining, and is the exclusive representative of all employees in said
unit within the meaning of Section 9 (a) of the National Labor
Relations Act.
5. International Union of Operating Engineers, Local No. 2, has
been designated and selected by a majority of all engineers, firemen,
and maintenance employees working in the engine room at The Blanton
Company's plant, excluding the chief engineer, as their representative
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National: L• abor
Relations Board by Section 9 (c) of the National Labor Relations Act,
IT Is HEREBY CERTIFIED , that Amalgamated Meatcutters and Butcher
Workmen of North America, Local No. 545, affiliated with the Amer-
ican Federation of Labor, has been designated and selected by a
majority of all production and maintenance employees of The Blanton
Company, excluding all engineers , firemen, and maintenance em-
ployees working in the engine room, supervisors, office and clerical
employees, and truck drivers, as their representative for the purposes
of collective bargaining, and that pursuant to the provisions of Sec-
tion 9 (a) of the Act, Amalgamated Meatcutters and Butcher Work-
men of North America, Local No. 545, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to rates
THE BLANTON COMPANY 771
of pay, wages, hours of employment, and other conditions of
employment ;
AND IT IS HEREBY FURTHER CERTIFIED that International Union of
Operating Engineers, Local No. 2, has been designated and selected
by a majority of all engineers, firemen, and maintenance employees
working into the engine room at The Blanton Company's plant, ex-
cluding the chief engineers, as their representative for the purposes
of collective bargaining, and that pursuant to Section 9 (a) of the Act,
International Union of Operating Engineers, Local No. 2, 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.
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