Union Stock Yards Co. of Fargo

National Labor Relations Board - Board Decisions

Apr 28, 1942

40 N.L.R.B. 910 (N.L.R.B. 1942)

In the Matter Of UNION STOCK YARDS COMPANY OF FARGO ' and
LOCAL 73, PACKINGHOUSE WORKERS ORGANIZING COMMITTEE,
C. I. O.
Case No. R-3701-Decided April t8, 1942
Jurisdiction : stockyards industry.
Investigation and Certification of Representatives : existence of question • refusal
of Company to accord petitioner recognition ; extra men who worked 350
hours or more during last peak season eligible regardless of employment
during current pay-roll period selected for determining eligibility ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding watchmen, policemen, office employees, supervisory em-
ployees, and foremen ; stipulation as to.
Mr. Herbert G. Nilles and Mr. L. W. Kube , of Fargo, N. Dak.,
for the Company.
Mr. Roy Franklin , of St. Paul, Minn ., and Mr. Lee Miller, of
Fargo, N. Dak., for the P. W. O. C.
Mrs. Augusta Spaulding , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 27, 1942, Local 73, Packinghouse Workers Organiz-
ing Committee, C. I. 0., herein called the P. W. O. C.,-filed with the
Regional Director for the Eighteenth Region (Minneapolis, Minne-
sota), a petition, and, on March 18, 1942,• an amended petition, alleg-
ing that a question affecting. commerce had arisen concerning the
representation of employees of Union Stock Yards Company of
Fargo, West Fargo, North Dakota,' herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. March 24, 1942, the National Labor Rela-
'The amended petition discloses the correct name of the Company At the hearing,
the notice of hearing and other formal papers were amended to show the correct name
of the Company.
40 N. L.' R. B., No. 160.
910
UNION STOCK YARDS COMPANY OF FARGO 911
tions Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
,in, investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
.On March 27, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
P. W. O. C. Pursuant to notice, a hearing was held on April 3,
1942, at Fargo, North Dakota, before Harry Brownstein, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the P. W. O. C. were represented by counsel, and both
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues was afforded both 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
the rulings of the Trial Examiner 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
I. THE BUSINESS OF THE COMPANY
Union Stock Yards Company of Fargo is a subsidiary of Saint
Paul Union Stock Yards Company of South St. Paul, Minnesota.
The Company is engaged in the business of providing facilities and
handling services incidental to the marketing of livestock, such as
the handling and feeding of livestock and the cleaning and repairing
of pens, at West Fargo, North Dakota. The Company operates as
an open competitive price-determining market under the supervision
of the United States Department of Agriculture. During the year
ending January 31, 1942, the Company handled 164,094 cattle, 15,284
calves, 192,872 hogs, 249,999 sheep, and 4,670 horses. Approxi-
mately 20 percent of the livestock handled by the Company
during this period originated in States other than North Dakota.
During the same period, approximately 87 percent of such livestock
was shipped from West Fargo to points outside North Dakota.
IT. THE ORGANIZATIONS INVOLVED
Local 73, Packinghouse Workers Organizing Committee, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
The Stockyards Employees' Union is an unaffiliated labor organiza-
tion, admitting to membership employees of the Company.
912 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
III. THE QUESTION CONCERN ING REPRESENTATION
On February 10, 1942, the P. W. O. C. asked the Company to
recognize it as the sole bargaining agent of the Company's employees.
On February 16, 1942, the Company refused to recognize the P. W.
O. C. until it should prove that it represented a majority of the
Company's employees.
In 1937, employees of the Company organized The Stockyards
Employees' Union of West Fargo, an unaffiliated organization, herein
called the Independent. When the Independent represented a major-
ity of its employees, the Company recognized the Independent as
their sole bargaining agent. From 1937 to and including 1941, the
Company conferred with -representatives of the Independent and
made with the Independent oral agreements and adjustment in wages
and working conditions. _
In January 1942, the president of the Independent called a meeting
of members to elect new officers for 1942. About 30 employees at-
tended this meeting. There was no regular order of business. Some-
one suggested that the employees present should "go into the C. I. 0."
There was a showing of hands for approval of this suggestion. A
few employees voted against it. The meeting disbanded without
arty formal action taken. So far as the record discloses, there has
been no further meeting of the Independent. Sothe employees who
were formerly members of the Independent joined the P. W. O. C.
On or about March 12, 1942, on the basis of the foregoing, the
officers of/the Independent for 1941 notified the Regional Director
that the Independent had dissolved and no longer existed as a labor
organization representing employees of the Company.- No such notice
was sent to the Company.
A statement prepared by the Regional Director and introduced
into evidence at the hearing, indicates that the P. W. O. C. repre-
sents a substantial number of employees in the appropriate unit.;
We find that a question has arisen concerning the representation of
employees of the Company.
2 Notice of hearing in this proceeding was not served upon the Independent and the
Independent was not represented at the hearing The formes president of the Independent,
later a member of the P W 0 C , testified at the healing
3 The P W 0 C submitted 34 applications for membership, dated February 1942, all
of which bear names of employees on the Company ' s pay roll of March 4, 11942' There
are 48 employees listed on this pay roll , of whom 18 are extra men
The record discloses that some employees of the Company signified their preference for
the Independent at the January meeting described above The record does not disclose
what interest the Independent had among employees of the Company at the time of
the hearing.
f
UNION, STOCK YARDS COMPANY OF FARGO 913
IV. THE EFFECT OF THE 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 P. W. O. C. and the Company agree, and we find, that all
production and maintenance employees of the Company, excluding
watchmen, policemen, office employees, supervisory employees, and
foremen, constitute a unit appropriate for the purposes of collective
bargaining. We further find that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining, and will otherwise 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 an election by secret ballot.
The parties are ih disagreement whether employees classed as
"extra" employees should participate in the election. The P. W. O. C.
contends that all extra employees are entitled to vote. The Company
opposes this contention.
The Company employs about 30 regular employees throughout the
year. During its usual peak season, which occurs in normal years
between September 1 and November 15, the Company employs 10
to 49 extra men. There are 2 short peak seasons during the year,
usually during the last week in March and from about May 20 to
July 1. The Company's ,regular employees normally handle the
work during the short peak seasons without the assistance of any
extra men. In 1941 the Company's usual fall peak season began
late, and extra men were retained for work through March of the
present year. Between November 15 and December 5, 1941, the
Company employed altogether 49 extra men in addition to its regular
staff. Some extra men worked only a few days, but on the March 1,
1942, pay roll there were listed, in addition to regular employees,
18 extra men who had worked 350 hours or more during the preceding
6 months. All other extra men hired during that peak season had
worked less than 350 hours.
455771 -42-col 40--58
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A large percentage of extra men are farm boys from the vicinity,
otherwise busy with farm work. The Company was unable to give
a specific percentage of extra men rehired from year to year, but
alleged that a good many men returned for employment each year.
It is the Company's policy to rehire them when they are available.
Extra men sometimes work into jobs as regular men.
Since men with greater experience at the plant have a greater ex-
pectancy of reemployment, we shall distinguish extra employees on
the basis of their length of service with the Company during the past
peak season.' I
Those eligible to vote in the election shall be regular employees iii
the appropriate unit, who were employed during the pay-roll period
immediately preceding the date of our Direction of Election, includ
ing "extra" men who worked 350 hours or more during the 6 months'
period ending March 1, 1942, regardless of whether they were em-
ployed during the aforesaid pay-roll period, subject to the limitations
and additions set forth in our Direction of Election.
The Independent was not served with notice and did not appear at
the hearing. The record is not clear that the Independent, which was
the employees' bargaining representative from 1937 through 1941,
has ceased to function as a labor organization representing employees
of the Company. We shall not place the name of the Independent on
the ballot, providing, however, that it may appear thereon if the
Independent gives notice to the Regional Director within 5 days of
the date of the issuance of our Decision and'Direction of Election,
that it desires to participate 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 :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Union Stock Yards Company of Fargo,
West'Fargo, North Dakota, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company, ex-
cluding watchmen, policemen, office employees, supervisory employees,
and foremen, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Act.
4 Cf. Matter of Saint Paul Union Stock Yards Company and Packinghouse Woikets Organ-
izing Committee, Local 160, affiliated with the C 1 0 , 38 N L R B 1049
UNION STOCK YARDS COMPANY
DIRECTION OF ELECTION
915
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, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended , it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Union Stock Yards Company of Fargo, West Fargo, North
Dakota, 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 of Election , 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 subject to
Article III, Section 9, of said Rules and Regulations , among all pro-
duction and maintenance employees of the Company , who were em-
ployed during the pay -roll period immediately preceding the date of
this Direction of Election, including "extra"• employees who worked
350 hours or more during the 6 months ' period ending March 1, 1942,
regardless of whether they were employed during the aforesaid pay-
roll period , and regular 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 watchmen, policemen, office employees, supervisory em-
ployees , foremen , and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by Local 73, Packinghouse Workers Organizing Committee,
C. I. 0., for the purposes of collective bargaining.