The Rath Packing Co.

National Labor Relations Board - Board Decisions

Oct 29, 1942

45 N.L.R.B. 129 (N.L.R.B. 1942)

In the Matter of THE RATH PACKING COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE, UNITED PACKINGHOUSE WORKERS
OF AMERICA, LOCAL 46, C. I. O. -
Case No. B-4379.-Decided October 29, 1942
Jurisdiction : livestock products processing and marketing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; labor organization which presented no
evidence in support of its claim of representation excluded from ballot; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly paid production and
maintenance employees, including watchmen and stockyard employees, but
excluding specified supervisory, clerical, and office employees, policemen,
fire department employees, medical department employees, salesmen (includ-
ing student salesmen), and outside truck drivers; stipulation as to
Swisher, Cohrt & Gilliland, by Mr. B. F. Swisher and Mr. L. J.
•Cohrt, of Waterloo, Iowa, for the company.
Helstein & Hall, by Mr. Ralph L. Hall, of Minneapolis, Minn., and
Mr. Anthony T. Stevens, of Des Moines, Iowa, for the United.
Mr. S. L. Hudson, of West Terre Haute, Ind., for the Amalgamated.
Mr. 'Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Packinghouse
Workers Organizing Committee, United Packinghouse Workers of
America, Local 46, C. I. 0., herein called the United, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Rath Packing Company, Waterloo, Iowa,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Stephen
M. Reynolds, Trial Examiner. Said hearing was held at Waterloo,
Iowa, on October 13, 1942. At the commencement of the hearing,
the Trial Examiner granted a motion of Amalgamated Meat Cutters
45 N. L. R. B., No. 26.
493508-43-vol 45-9 129
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
& Butcher Workmen of North America, Local 380, A. F. of L., herein
called the Amalgamated, to intervene. The Company, the United,
and the Amalgamated participated in the hearing and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence, bearing on the issues. At the close of the
hearing • counsel for the United move to exclude the Amalgamated
from the ballot. The Trial Examiner reserved his ruling. The
motion is hereby granted for the reasons set forth below. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
On October 16, 1942, the Amalgamated 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 Rath Packing Company is an Iowa corporation with its
principal plant at Waterloo, Iowa, where it is engaged in the slaughter-
ing of'- livestock and the processing and marketing of livestock
products. During 1941 the Company slaughtered approximately
2,000,000 head of livestock, 'approximately 400,000 head of-which were
shipped to it from outside Iowa. During the same period the Com-
pany sold products valued at about. $80,000,000, 90 percent of which
represents sales of products shipped out of Iowa.
H. THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee, United Packing:,
house Workers of America, Local 46, is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Amalgamated Meat Cutters & Butcher Workmen of North America,
Local 350, is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The United has requested the Company on several occasions to
recognize it as exclusive representative of the Company's employees.
The Company 'refused these,requests on the ground that the United
was not the duly designated bargaining representative of its em-
ployees.
THE RATH PACKING COMPANY 131-
A statement-of the Regional Director,. introduced into evidence at.
the hearing, indicates that the United represents a substantial number
of the employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act. -
IV. THE APPROPRIATE UNIT -
We find, in accordance with a stipulation of the parties, that all
hourly paid production and maintenance employees of the Company,
including watchmen and stockyard employees, but excluding execu-
tives, superintendents, assistant superintendents, foremen, assistant.
foremen, all other persons employed in a supervisory capacity, clerical
employees (including test clerks), general office employees, superin-
tendents' office employees, time office employees (including- time-
keepers), employment office employees, policemen, fire department em-
ployees, medical department employees, salesmen (including student
salesmen), and outside truck drivers, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
V. 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
United urges that the pay roll of September 26, 1942, be used to
determine eligibility to vote. The Company contends that a current
pay roll should be used for that purpose and the Amalgamated has
taken no position. Inasmuch as no reason appears why we should
depart from our usual practice, we shall direct that the employees
eligible to vote in the election shall be those in the 'appropriate unit
who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
The United contends that the Amalgamated should not be accorded
a place on the ballot. Although afforded ample opportunity to do
so, the Amalgamated failed to present any evidence of representa-
tion among the Company's employees to either the Regional Director
1 The Regional Director reported that the United presented 1,726 membership applica-
tion cards bearing apparently genuine signatures . He further reported that of 302 cards
selected for a spot check, 288 bear the signatures of persons who appear on the Company's
pay roll of September 26, 1942. There are 4,789 names on that pay roll. The Amalga-
mated did not present any evidence of representation to the Regional Director.
132 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or the Trial Examiner. Since the Amalgamated has presented no
evidence in support of its claim of representation, we shall not ac-.-
cord it a place on the ballot.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The, Rath Pack-
ing Company, Waterloo, Iowa, 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 direction and supervision
of the Regional Director for the Eighteenth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including any such employees who
did not work during said 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 any who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Packinghouse Workers Organizing Com-
mittee, United Packinghouse Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective,
bargaining.
MR. GERARD D. REmLY took no part in the consideration of the
11bove Decision and Direction of Election.