The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Nov 29, 1941

37 N.L.R.B. 139 (N.L.R.B. 1941)

In the Matter of THE CUDAHY PACKING COMPANY and UNITED
PACKING HOUSE WORKERS OF AMERICA, LOCAL 159 (C. I. 0.) and
AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH
AMERICA, LOCAL 537, A. F. OF L. -
Case No. RE-33.-Decided November ^?9, 1941
Jurisdiction : meat packing industry
Investigation and Certification of Representatives : existence of question : re-
fusal of Company to recognize either of two rival unions until certified by
the Board, election necessary.
Unit . Appropriate for Collective Bargaining : all employees in the Company's
plant, including , assistant foremen.but excludiing foremen, livestock pur-'
chasers, office personnel, salesmen, and watchmen.
Mr. L. H. Callister, of Salt Lake City, Utah, for the Company.
Mr. Samuel Sponseller, of Chicago, Ill., for the United.
Mr. Clarence Beck, of Salt Lake City, Utah, for the Amalga-
mated.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 15, 1941, The Cudahy Packing Company, North Salt
Lake, Utah, herein called the Company, filed with the Regional Direc-
tor for the Twenty-second Region (Denver, Colorado) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of 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 November 4, 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.
37N.L R B, No IS
139
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On November 5, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, and
upon United Packing House Workers of America, Local 159, C. I. O.,
herein called the United, and Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 537, A. F. of L., herein
called the Amalgamated , labor organizations claiming to represent
employees directly affected by the investigation . Pursuant to notice,
a hearing was held on November 12, 1941, at Salt Lake City, Utah,
before Paul Kuelthau, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, the United, and the Amal-
gamated were represented and participated in the hearing. Full op-
portunity to be heard, to examine and cross -examine witnesses, and
to' introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed these rulings and finds that no prejudicial
errors were committed . The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TILE BUSINESS OF THE COMPANY
The Cudahy Packing Company, a Maine corporation , is engaged
in the purchase and slaughter of livestock and the processing and the
marketing of the products therefrom. It operates a plant at North
Salt Lake, Utah, with which we are here concerned. During 1940
the Company shipped products from its North Salt Lake plant valued
at $4,300,000, approximately 32 per cent of which were shipped by
it to points outside the State of Utah. The Company purchases
approximately 10 per cent of the products used at the North Salt
Lake plant from points outside the State of Utah.
II. THE ORGANIZATIONS INVOLVED
United Packing House Workers of America, Local 159, is a labor
organization affiliated with the Congress of Industrial Organiza-
tions. It admits to membership employees at the North Salt Lake
plant of the Company.
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, Local 537, is a labor organization affiliated with the American
Federation of Labor. It admits to membership employees at the
'North Salt Lake plant of the Company.
THE CUDAHY PACKING COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
141
On September 19 and October 9, 1941, respectively, the United
and the Amalgamated requested the Company to recognize them as
the exclusive representatives of the employees at the North, Salt
Lake plant. The Company denied these requests until such times
as one or the other was certified by the Board. A statement of the
Regional Director, introduced in evidence at the hearing, shows that
the Amalgamated and the United each represents a substantial num-
ber of employees in the alleged appropriate unit.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCR
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section 1 above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Amalgamated' and the United urge that all employees at the
North Salt Lake plant of the Company, including assistant foremen,
but excluding foremen, livestock purchasers, office personnel, and sales-
men, constitute an appropriate unit. The Company stated that it had
no objection to this unit. The only controversy with respect to the
unit concerns watchmen.
The United urges that watchmen employed by the Company be
excluded from the unit and the Amalgamated that they be included.
The Company took no position with respect to these employees. They
punch time clocks throughout the Company's North Salt Lake plant
and keep temperature charts for the smoke ovens. They are depu-
tized by the local county sheriff. Under these circumstances, we shall
exclude the watchmen from the unit.
We find that all employees at the North Salt Lake plant of the
Company, including assistant foremen, but excluding foremen, live-
stock purchasers, office personnel, salesmen, and watchmen, constitute
' The Regional Director reported that the United presented 132 membership application
cards bearing the names of persons who appear on the Company's pay roll of September 20,
1941 . He further reported that the Amalgamated presented 76 membership application
cards bearing the names of persons who appear on the Company's pay roll of September 20,
1941 • There are approximately 166 employees on this pay roll.
142, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other--
wise, will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. The Amalgamated and the United urged that the Company's
pay roll of September 20, 1941, be used to determine eligibility to
vote. It appears that shortly after this pay roll the Company laid
off about 71 employees because of a boycott placed on its products by
the Amalgamated. The Company stated that it intended to reemploy
all the laid-off employees and that it was its policy always to recall
laid-off employees before hiring new persons. In accordance with our
usual custom, we shall direct that those eligible to vote in the election
shall= be employees 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 Direction: Thus, employees laid off after September 20, 1941,
will be eligible to vote in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
Co*cI usIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Cudahy Packing Company, North
Salt Lake, Utah, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees at the North • Salt Lake plant of the Company,
including assistant foremen, but excluding foremen, livestock pur-
chasers, office personnel,, salesmen, and watchmen, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
ByI virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, "it is
hereby
DIRECTED that, as part of the investigation, authorized by the Board
to ascertain representatives for the,purpose of, collective bargaining
THE CUDAHY PACKING COMPANY 143
with The Cudahy Packing Company, North Salt Lake, Utah, an elec-
tion by secret ballot shall be conducted as soon 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 Twenty-
second Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all production and maintenance employees
at the North Salt Lake plant of the Company who were employed
during the pay-roll period immediately preceding the date of this
Direction, including assistant foremen and 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 foremen, office employees, watch-
men, salesmen, livestock purchasers, and employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by United Packing House Workers of America,
Local 159, affiliated with the Congress of Industrial Organizations,
or-by Amalgamated Meat Cutters 'and Butcher Workmen of North
America, Local 537, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.
In the Matter of THE CUDAHY PACKING COMPANY and UNITED PACKING
HOUSE WORKERS OF AMERICA ,'Loc.u, 159 (C. I. 0.) and AMALGAM-
ATED MEAT CUTTERS A_ _ND BUTCHER ' WORKMEN OF NORTH AMERICA,
LOCAL 637, A. F. OF L.
Case No. RE-33
CERTIFICATION OF REPRESENTATIVES
December 31. 1941
On November 29, 1941, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ings.' Pursuant to the Directi n of Election, an election by secret
ballot was conducted on December 10, 1941, under the direction and
supervision of the Regional Director for the Twenty-Second Region
(Denver, Colorado).. On December` 12, 1941, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2,^ as amended, issued and
duly served upon the parties an Election Report on the ballot. No
objections to the conduct of the ballot oS the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number on eligibility list______________________________ 163
Total number of ballots cast --------- ---------------- ------- 122
Total number of ballots challenged-- 1
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of valid votes courted-- ___ 121
Total number of votes cast for United Packing House Workers
of America, Local 159 (C I 0 )_________________________ 86
Total number of votes cast for Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 537, A F. of L__ 41
Total number of votes cast for neither of these organizations-- 0
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
137 N L. It. B, No 18
37 N. L. R. B., No. 18a.
144
THE CUDAHY PACKING COMPANY 145
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that United Packing House Workers of
America, Local 159. affiliated with the Congress of Industrial Organ-
izations , has been designated and, selected by a majority of all pro-
duction and maintenance employees at the North Salt Lake plant of
The Cudahy Packing Company, including assistant foremen, but
excluding foremen, office employees, watchmen, salesmen, and live
stock purchasers, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, United
Packing, House Workers of 'Ameiica', Local 159, affiliated with the
Congress of Industrial Organizations, is the exclusive representative
of all such employees for the,purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other conditions
of employment.