The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Mar 7, 1940

21 N.L.R.B. 216 (N.L.R.B. 1940)

In the Matter of THE CUDAHY PACKING COMPANY and UNITED PACK-
ING HOUSE WORKERS, LOCAL INDUSTRIAL UNION No. 194
Cases Nos. C-650 and R-208
AMENDMENT TO SUPPLEMENTAL DIRECTION OF
ELECTION
March 7, 1940
On November 4, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Election
in the above-entitled proceedings.' On November 16, 1939, the Board
issued an Order and Amendment to Direction of Election.2 On
February 10, 1940, the Board issued a Supplemental Direction of
Election 3 directing that an election by secret ballot be conducted as
early as possible but not later than thirty (30) days from the date of
the Supplemental Direction of Election, under the direction and su-
pervision of the Regional Director for the Seventeenth Region
(Kansas City, Missouri), among all production and maintenance em-
ployees of The Cudahy Packing Company at its Kansas City, Kansas,
plant, employed during the pay-roll period next preceding the date
of the Supplemental Direction of Election, including employees who
did not work during such pay-roll period because they were ill or
on vacation, and employees who were then or have since been tem-
porarily laid off, but excluding foremen, assistant foremen, straw-
bosses, foreladies, and also excluding those 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 Union No. 10, of the Packinghouse Workers Organizing Com-
mittee, affiliated with the Congress of Industrial Organizations, or
-by Amalgamated Meat Cutters and Butcher Workmen of North
America, Local 574, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.
Thereafter the Board was advised by the Regional Director that
the pay roll and other employment records were necessary for the
conduct of the election, that the Regional Director had so informed
1 17 N L. R B. 302
217 N L. R B. 350
8 20 N L. R. B. 324
21 N. L. R B, No. 25.
216
THE CUDAHY PACKING COMPANY 217
the Company and had requested the Company to furnish such records,
and that the Company had declined to comply with such request.
The Board having been informed in the premises, subpenas were duly
issued for the production of said records. Thereafter the Board was
advised by the Regional Director that the Company refuses to obey
the subpenas. Under these circumstances, it will be necessary to
apply to a District Court of the United States for,an order requiring
the Company to produce said records, and inasmuch as action on
such application may not be had within the' time limit set for the
election in the Supplemental Direction of Election, the .Board hereby
amends its Supplemental Direction of Election; by striking therefrom
the words "as early as possible but not later than, thirty (30) :days
from the date of this Supplemental Direction of Election" and sub'
stituting therefor the words "as soon after the date-of this Supple;
mental Direction as may be practicable."
In the Supplemental Direction of Election the words "for the pur,
poses of collective bargaining" were inadvertently ;omitted. The
Board hereby further amends its Supplemental Direction of Election
by inserting the words "for the purposes of collective bargaining,"
after the words "affiliated with the American Federation of Labor"
and before the words "or by neither" so that the Supplemental Di-
rection of Election reads ". . . to determine whether they desire to
be represented by United Packing House Workers of America, Local
Union No. 10, of the Packing House Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, or by Amal-
gamated Meat Cutters and Butcher Workmen of North America,
Local 574, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither."