The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Apr 3, 1942

40 N.L.R.B. 168 (N.L.R.B. 1942)

In the Matter of THE CUDAHY PACKING COMPANY and PACKINGHOUSE
WORKERS ORGANIZING CODIMITTEE , LOCAL 55A, AFFILIATED WITH THE
C. I.O.
Case No. R-3566.-Decided April 3,1942
Jurisdiction : meat packing industry
Investigation and'Certification of Representatives : existence of question : refusal
to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : office and clerical employees with
specified inclusion and exclusion ; assistant department superintendents and
department head excluded where no distinction appeared between them and
similar employees whom parties had agreed to exclude.
Mr. John D. Clancy, Jr., of Chicago, Ill., Mr. Lawrence B. Rosenberg,
of St. Paul, Minn., and Mr. P. H. Mott, of South St. Paul, Minn., for the
Company.
Mr. Herbert J. Vogt, of Chicago, Ill., and Mr. B. W. Roebuck, of
South St. Paul, Minn., for the Packinghouse Workers.
Mr. Ralph Holbert, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 25, 1941, Packinghouse Workers Organizing Committee,
Local 55A, affiliated with the C. I. 0., herein called the Packinghouse
Workers, filed with the Regional Director for the Eighteenth Region
(Minneapolis, Minnesota) a petition alleging.that a question affecting
commerce had arisen concerning the representation of employees of The
Cudahy Packing Company, Newport, Minnesota, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On February 7, 1942, the
National Labor Relations Board, herein called the Board, acting pursu-
ant 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 con-
duct it and to provide for an appropriate hearing upon due notice.
On February 12, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
40 N. L. R B., No. 24.
168
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THE CUDAHY- PACKING COMPANY 169
Packinghouse Workers. Pursuant to- notice,. a hearing was held+ on
February. 20; 1942, at Minneapolis, Minnesota, before Guy Farmer, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company, and the Packinghouse Workers were represented by counsel
and; participated in the hearing. Full opportunity to be heard,. to
examine and cross-examine witnesses,, and, to introduce, evidence bear-
ing 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•Boar&has;reviewed then
rulings of the Trial Examiner and finds that no prejudicial errors were
committed. The, rulings are, hereby affirmed. After the close of the
hearing the, Company filed a brief'which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS,OF FACT
I'. THE'BUSINESS-OF-THE COMPANY'
The 'Cudahy Packing Company, a Maine, corporation, having its
principal executive offices at Chicago, Illinois, is chiefly engaged in
the purchase and slaughter of livestock and the processing and the'
marketing of the products therefrom. The Company operates plants
located in various States of the United States and in Ontario, Canada.
Of its gross annual sales amounting to approximately $200,000,000,-
$25,000,000 to $30,000,000 are attributable to its slaughtering and meat-
packing plant located in Newport, Minnesota, the plant involved in this
proceeding. A substantial portion of the livestock slaughtered at the
Newport plant originates outside the State of Minnesota, and is
shipped from States other than the State of Minnesota by rail and
direct to the Newport plant. Approximately 75 percent of the prod-
ucts of the Newport plant is shipped by the Company to points out-
side the State of Minnesota.
II. THE ORGANIZATION INVOLVED
Packinghouse Workers Organizing Committee, Local' 55A, affiliated
with the C. I. 0., is a labor organization admitting to membership
employees of the Company.
I
III, THE QUESTION CONCERNING REPRESENTATION
On or about September 9, 1941, the Packinghouse Workers asked'the
Company for recognition as the sole collective bargaining, agent of the
office and clerical employees of the Company at its Newport, Minne-
sota, plant. 'In the conferences that followed this request, the,Com-
pany questioned the assertion by Packinghouse Workers that it repre-
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sented a majority of the employees involved. The Company further
disagreed with the Packinghouse Workers as to the scope of the appro-
priate unit. -
From a report prepared by the Regional Director and introduced
into evidence, it appears that the Packinghouse Workers represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF TIIE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section' I 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 Packinghouse Workers and the Company agree that the bar-
gaining unit should comprise all office and clerical employees and
salaried plant clerks, including employees of the timekeeping, book-
keeping and tabulation, accounts payable, transportation, credit; order,
and loss and gain departments, the direct livestock office, and the
sales, invoice, beef and provision desks; stenographers (including the
credit manager's stenographer, but not those of the general manager,
the plant superintendent, or the office manager) ; comptometer, ditto
machine, telegraph, and telephone operators; the yardmaster; live-
stock clerks (including one in South St. Paul) ; employment office and
claim clerks; plant clerks on office pay roll; messengers; mail boys;
and the office janitor. The parties agree that the following should be
excluded from the unit : executives, department superintendents, plant
foremen, and office supervisory employees; the general manager, the
plant superintendent, and the office manager, and their stenographers;
the managers of the beef and provision desks and of the transportation
and credit departments; the assistant manager of the beef desk, assist-
ant office'manager, and assistant sales manager; draftsmen, watchmen,
1 The Regional Directoi's statement shows that the Packinghouse workers submitted 64
authorization cards Forty of the authorization cards were dated in July 1941; 9 in
August 1941; and 15 in September 1941 The Regional Director reports that all of the
signatures affixed to the authorization cards appear to be genuine , original signatures.
Forty-taco of the signatures are the names of persons appearing on the Company's pay roll,
which contains 95 names
THE CUDAHY PACKING COMPANY 171
salesmen, cafeteria employees, time-study men, supply clerk- (working
in plant), the car route men, livestock buyers, and persons employed
on special construction projects; employees for whom Local 55 of the
same international organization has been certified by. the Board- as
exclusive bargaining agent.; 2 engineers, firemen, and helpers, for whom
Local.55 has been recognized as exclusive bargaining agent by the
Company; and 14 of 24 employees designated as assistant depart:
ment superintendents. ,
The parties disagree in two particulars. The Company desires the
exclusion of all assistant department superintendents, whereas the
Packinghouse Workers contends that the duties of 10 of the 24 are
such that they should be included. Further, the Company would ex-
clude, and the Packinghouse Workers would include six department
heads, i. e., the heads of timekeeping, accounts payable, invoicing, book-
keeping, plant clerks, and direct livestock.
As to the 10 assistant department superintendents in dispute, the
Packinghouse Workers contends that they are only "nominal" assist-
ant department superintendents, and that their work is principally
clerical and not supervisory. It appears, however, that all 10 may
recommend hire and discharge, may, in the absence of superiors, dis-
charge, and may delegate work, give orders, enforce discipline, and
recommend promotions. The Company makes no distinction between
them and other assistant department superintendents. Inasmuch as
the record insufficiently differentiates the duties of these men from the,
others, identically classified, whom the parties have agreed to exclude,
we shall exclude them from the unit.
As to the six department heads, similarly, the Packinghouse Workers
requests their inclusion upon the ground that they are clerical em-
ployees without substantial supervisory authority. It appears, how-
ever, that all six may recommend hire and discharge, may delegate
work, give orders, and enforce discipline. Each has at least five men
under him. Here, too, the duties of the employees in dispute are in-
sufficiently differentiated from those of employees with similar titles
whom the parties have agreed to exclude.3 We are of the opinion
that they should be excluded.
We find that all office and clerical employees and salaried plant
clerks of the Company, including employees of the timekeeping, book-
keeping and tabulation, accounts payable, transportation, credit, or-
der, and loss and gain departments, the direct livestock office, and
2 Production and maintenance employees, including employees receiving salaries and the
sanitation gang. See Matter of The Cudahy Packing Company and Local 55, United Pack-
inghouse Workers of America, of Packinghouse Workers Organizing Committee, C I. 0.,
32 N. L. R. B. 72.
2 E g, managers of the beef and provision desks and of the transportation and credit
departments The disputed employees appear clearly to fall within the categorical exclusion
of, "office supervisory employees."
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the.sales, invoice, beef and provision desks; stenographers (including
the credit manager's stenographer, but not those of the general man-
ager, the plant, superintendent, or the office manager) ; comptometer;
ditto machine, telegraph, and, telephone operators; the yardmaster;
livestock clerks (including one in South St. Paul) ; employment office
and claim clerks; plant clerks on office pay roll; messengers; mail
boys; and the office janitor, but excluding executives, department su-
perintendents, plant foremen, and office supervisory employees; the
general manager, the plant superintendent, and the office manager,
and their stenographers; the managers of the beef and provision desks
and of the transportation and credit departments; the assistant man-
ager of the beef desk, assistant- office- manager, and assistant sales man-
ager; draftsmen, watchmen, salesmen, cafeteria employees, time-sCudy,
men, supply clerk (working- in plant), the car route man, livestock
buyers, and persons employed on special construction projects; em-
ployees for whom Local 55 of the same international' organization
has been certified by the Board as exclusive bargaining agent; engi-
neers, firemen, and helpers for whom Local 55 has been recognized as
exclusive bargaining agent by the Company; all assistant department
superintendents, and' the heads of timekeeping, accounts payable, in-
voicing, bookkeeping, plant clerks, and, direct livestock, constitute a
unit appropriate for the purposes of collective bargaining, and that
said- unit will insure to the employees of the Company the full benefit
.of their right to self-organization and' to collective bargaining and
otherwise will effectuate the polices of` the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The parties
stipulated that eligibility to vote in an election should be determined
by reference to the Company's pay roll of February 15, 1942. We
shall direct that all the employees in the appropriate unit who were
employed by the Company on February 15, 1942, subject to the limi-
tations and additions set forth in the Direction, shall be eligible to
vote.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Cudahy Packing Company, Newport,
Minnesota, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
THE CUDAHY PACKING COMPANY •173
2. All office and clerical employees and salaried,plant iclerks of ,the
Company, including employees of the 'timekeeping, bookkeeping .and
tabulation, accounts payable, .transportation, credit, order, and loss
and gain departments, the direct livestock office, and ,the sales, invoice,
beef and provision desks; steiographers (including the credit man-
ger's stenographer, but not those of the general manager, the plant
superintendent, or the office manager),; comptometer, ditto machine,
telegraph, and telephone operators; ,the yardmaster.; -livestock clerks
(•includingrone in S,oiith St. Paul) ; employment office and.claim clerks;
plant.clerks on office pay roll; messengers; mail boys, 'and the office
janitor, but 'excluding executives, department superintendents, plant
foremen, and office supervisory; employees ; the general manager, the
plant superintendent, and the office manager, arid their stenographers;
the managers of the beef and provision.desks and of the transporta-
tion and credit departments; the assistant manager of the beef desk,
assistant office manager, and assistant sales manager; draftsmen,
watchmen, salesman, cafeteria employees, time-study men, supply
clerk (working in plant), the car route man, livestock buyers, and
persons employed on special construction projects; -employees for
whom Local 55 of the•same international organization has been certi-
fied 'by the Board as exclusive bargaining agent; engineers, firemen,
and helpers, for whom Local 55 -has -been recognized as -exclusive bar-
gaining agent by the Company; all assistant department superintend-
ents, and the heads of timekeeping, accounts payable, invoicing,
bookkeeping, plant clerks, and direct livestock, constitute a unit ap-
propriate for the purposes of collective bargaining, within,the mean-
ing of. Section-9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
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,
49 Stat. 449, 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 purposes of collective bargaining
with The Cudahy Packing Company, Newport, Minnesota,' 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 direc-
tion and supervision of the Regional Director for the Eighteenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among all office and clerical employees and salaried plant clerks
of the Company whose names appear on the pay roll of February 15,
i
174 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
1942, including employees of the timekeeping, bookkeeping and tabu-
lation, accounts payable, transportation, credit, order, and loss and
gain departments, the direct livestock office, and the sales, invoice, beef
and provision desks; stenographers (including the credit manager's
stenographer, but not those of the general manager, the plant superin-
tendent, or the office manager) ; comptometer, ditto machine, telegraph,
and telephone operators; the yardmaster; livestock clerks (including
one in South, St. Paul) ; employment office and claim clerks; plant
clerks,on office pay roll; messengers; mail boys, and the office janitor,
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 executives,
department superintendents, plant foremen, and office supervisory
employees; the general manager, the plant superintendent, and the
office manager, and their stenographers; the managers of the beef and
provision desks and of the transportation and credit departments;
the assistant manager of the beef desk, assistant office manager, and-
assistant sales manager; draftsmen, watchmen, salesmen, cafeteria
employees, time-study men, supply clerk (working in plant), the car
route man, livestock buyers, and persons employed on special con-
struction projects; employees for whom Local 55 of the same inter-
national organization has been certified by the Board as exclusive bar-
gaining agent; engineers, firemen, and helpers, for whom Local 55
has been recognized as exclusive bargaining agent by the Company, all
assistant department superintendents, the heads of timekeeping, ac-
counts payable, invoicing, bookkeeping, plant clerks, and direct live-
stock, and those employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Packinghouse Workers Organizing Committee, Local 55A, affiliated
with the C. 1. 0., for the purposes of collective-bargaining.
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