United Butchers Abattoir, Inc.

National Labor Relations Board - Board Decisions

Dec 30, 1944

59 N.L.R.B. 1321 (N.L.R.B. 1944)

In the Matter Of UNITED BUTCHERS ABATTOIR, INC. and UNITED PACK-
INGHOUSE WORKERS OF AMERICA, C. I. O.
Case No. 10-R-1315.-Decided December 30 , 1944
Mr. Albert D. Maynard, of Atlanta, Ga., for,the Board.
Messrs. I. Heiman and A. Steve Clay, of Atlanta, Ga., for the Com-
pany.
Mr. Tom R. Jones, of Atlanta, Ga., for the Union.
Mr. I. P. Reagan, of Atlanta, Ga.; ,for the Intervenor.
Mr. Erwin A. Peterson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, C. I. 0., herein called the Union, alleging that'a question af-
fecting commerce had arisen concerning the representation of em-
ployees of United Butchers Abattoir, Inc., Atlanta, Georgia, herein
called the Company, the National Labor Relations Board by the Re-
gional Director for the Tenth Region (Atlanta, Georgia) issued a
Notice of Hearing, on November 15, 1944. On November 21, 1944,
the Board by its Regional Director for the Tenth Region issued an
order postponing the Notice of Hearing sine die. On November 29,
1944, the Company, the Union, the Amalgamated Meat Cutters- and
Butcher Workmen of North America, A. F. of L., herein called the
Intervenor, and counsel for the Board entered into a stipulation agree-
ing upon a statement of facts to serve as a basis of the Board's decision
and expressly waived their right to a hearing and to the taking of
testimony and submission of evidence before a Trial Examiner. The
stipulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and among United
Butchers Abattoir, Inc., hereinafter called the Company, United
Packinghouse Workers of America, C. I. 0., hereinafter called
the Union, Amalgamated Meat Cutters & Butcher Workmen of
North America, A. F. of L., hereinafter called the Intervenor, and
59 N L. R. B, No. 241.
1321
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Albert D. Maynard, Attorney, National Labor Relations Board,
Tenth Region, that:
- 1. Upon a Petition for Certification of Representatives, filed
by the Union alleging that a question affecting commerce has
arisen, concerning the representation of employees of the Com-
pany, the National Labor Relations Board, by the Regional Di-
rector for the Tenth Region, acting pursuant to authority granted
in Section 9 (c) of the National Labor Relations Act, hereinafter
'called the Act, Article 3, Section 3 of National Labor Relations
Board Rules and Regulations, Series 3, as amended, issued its
notice of hearing on the 15th day of November, 1944, service of
which is acknowledged by all the parties hereto.
2. The correct name of the Company is "United Butchers Abat-
toir, Inc." The Company is a Georgia corporation having its
principal place of business at 1200 Howell Mill Road, N. W.,
Atlanta, Georgia. There the Company is primarily engaged in
the slaughtering of livestock and principally serves its stock-
holders who are local wholesale meat dealers and sausage manu-
facturers. The Company also slaughters livestock of other cus-
tomers but this constitutes less than one percent of the total
volume of business done. The Company is now principally en-
gaged in slaughtering beef cattle and it receives for this service
$1.50 per,head, plus certain inedible portions of the cattle, such
as cracklings, tallow, cattle switches, and blood. The Company
does not receive the hides as will be more fully hereinafter demon-
strated. Nor does 'the title to the livestock pass to the Company
and the edible parts are each stamped with the name of the owner,
placed in the cooler and available for the owner. The owner calls
at the place of business of the Company to secure delivery of its
products.
3. A. different procedure is followed with respect to the hides.
The Company does not receive title to these hides but does dispose
of them as the agent for the owners. The hides are salted down
and when sales are consummated the Company delivers the hides
to the railroad carrier with shipping directions. Al shipments
have been made to tanneries located beyond the State of Georgia.
The sale is generally consummated with a broker who maintains
offices in the City of Atlanta. The value of the hides shipped
outside of the State of Georgia by the Company is estimated as
being about $10,000.00 per month.
4. The Company's operations are not maintained under the
supervision of representatives of the United States ,Veterinarian
of the Pure Food and Drug Administration of the Department of
Agriculture. All cattle which are slaughtered are slaughtered
for local consumption.
' UNITED BUTCHERS ABATTOIR, INC. 1323
5. A portion of the cattle slaughtered consists of livestock pur-
chased by the Company's customers from points beyond the State
of Georgia. For example, of the livestock slaughtered by the
Company for Star Provision Company, the amount actually
secured by the Star Provision Company from points outside the
State of Georgia is valued at $107,557.00 for the past seven months.
Within that same period, the Company slaughtered cattle for the
Star Provision Company purchased within the State of Georgia
of a value of approximately $121,768.00.
6. The Company has also slaughtered some cattle for other
stockholders, which cattle was purchased outside the State of
Georgia; and during the current year, A.'Jacob Zimmerman has
delivered thirty carloads of cattle of an approximate value of
$120,000; I. Gilner eleven carloads of an approximate value of
$38,500.00; Jack M. Moore, two carloads of an approximate value
of $8,000.00; and J. Moore twenty carloads of an approximate
value of $80,000.00. Of the cattle presented for slaughter, approx-
imately 20% was purchased outside the State of Georgia. The
total value of all cattle slaughtered by the Company during the
last seven-month period was valued at approximately $1,250,000.
The total value of all tallow, blood, cracklings, and cattle switches
sold by the Company on' a yearly -basis exceeds the approximate
value of $57,000, no part of which is shipped to points outside the
State of Georgia.
7. The'Union and the Intervenor'are each labor organizations
within the meaning of Section 2 (5) of the Act.
8. On September 16, 1944, the Union, by letter dated Septem-
ber 16, 1944, notified the Company that is represented a majority
of the employees of the Company and requested exclusive recogni-
tion in behalf of said majority. The Company refused or failed
to recognize the Union.
9. A Report on Investigation of Interests of Contending Labor
Organizations, form NLRB 318, is attached hereto and made a
part hereof.
10. All parties agree that the appropriate unit should be com-
posed of all employees of the Company's establishment at 1200
Howell Mill Road, N. W., Atlanta, Georgia, except for office,
sales, clerical employees and supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action.
11. The Company does not anticipate any substantial increase
or decrease in • the number of its employees in the next ninety
days.
1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
12. The parties hereto waive their right to a hearing and to
the taking of testimony and submission of evidence before a Trial
Examiner.
13. This stipulation, together with the petition and notice of
hearing, shall constitute the entire record herein, subject, how-
ever, to the provisions in paragraph 14 as to briefs and oral
arguments.
14. The parties reserve their right to file a brief and to argue
orally before the Board. All parties agree that within seven days
from the date hereof they shall notify the Board of the filing of
such briefs and request for argument. Failure to so notify shall
be construed as a waiver of those rights. In the event such briefs
are filed or argument had, such briefs and argument shall become
a part of the record.
15. Upon this stipulation and the record herein as provided in
paragraph 13 above and without any further notice or proceed-
ings herein,. the Board may make such disposition herein as if a
hearing had been held before a Trial Examiner.
16. In the event the Board directs that an election be held
among all of the employees of the Company except the office, stiles,
clerical and supervisory employees, the parties agree that all
such employees who were employed during the pay-roll period
immediately preceding the date of the Board's direction of elec-
tion shall be eligible to vote.
17. The Company agrees that in the event that' the National
Labor Relations Board orders an election, it will cooperate by
furnishing the Board with the proper pay roll.
18. By entering into this stipulation, the Company does not
concede that it is engaged in commerce within the meaning of the
National Labor Relations Act, and the Union and Intervenor do
not concede that the petition should be dismissed. However,
all parties agree that in the event the Board does issue a decision
and direction of election, directing an election among all of the
employees of the Company except the office, sales, clerical and
supervisory employees, the Company shall cooperate with the
Board in holding such election, the parties reserving to them-
selves the right thereafter to contest any findings of fact or con-
chisions of law made by the Board on the basis of the record
in the above-captioned matter.
19. This stipulation is subject to the approval of the National
Labor Relations Board.
20. This stipulation contains the entire agreement as between
the parties and there is no verbal agreement of any kind which
varies, alters, or adds to this stipulation.
UNITED BUTCHERS ABATTOIR, INC. 1325
None of the parties has filed a brief or requested oral argu-
ment before the Board. The foregoing stipulation is hereby
approved.
Upon the entire record in the case, the Board makes the(
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
United Butchers Abattoir, Inc., a Georgia corporation having its
principal office and place of business at Atlanta, Georgia, is primarily
engaged in the slaughtering of livestock principally for its stock-
holders who are local wholesale meat dealers and sausage manu-
facturers . The Company also slaughters livestock for other cus-
tomers. Its operations are not maintained under the supervision
of representatives of the United States Veterinarian of the Pure
Food and Drug Administration of the Department of Agriculture.
Consequently, all cattle which are slaughtered are consumed locally.
The total value of all cattle slaughtered by the Company during the
last 7-month period was valued at approximately $1,250,000, 20 per-
cent of which was purchased from points outside the State of Georgia.
The Company does not own any of the livestock handled by it. Its
function is to slaughter the livestock, receiving for this service $1.50
per head plus certain inedible portions of the cattle. After the
cattle are slaughtered, the meat is called for at the Abattoir by the
owners. A different procedure, however, is followed with respect
to the hides. The hides are salted down and then delivered by the
Company to the railroad carrier with shipping directions on behalf
of the respective owners. All hides are shipped to tanneries located
outside the State of Georgia. The value of the hides so shipped is
approximately $10,000 per month.
In view of the foregoing facts, we are of the opinion, and we find
that the Company's operations affect commerce within the meaning,
of the National Labor Relations Act.'
II. THE ORGANIZATIONS INVOLVED
United Packinghouse Workers of America, affiliated with the Con..
gress of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Amalgamated Meat Cutters and Butcher Workers of North
America, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
' See Matter of St. Joseph Stockyards Company, 2 N L R. B. 39 ; Matter of Union
Stockyards Company of Fargo, 40 N. L. It. B. 910; see also Matter of Philadelphia Ter-
msnals Auction Co , 44 N. L. R. B 454.
1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on September 16, 1944, the Union by
letter dated September 16, 1944, notified the Company that it repre-
sented a majority of the employees of the Company and requested
exclusive, recognition in behalf of said majority. The Company re-
fused or failed to recognize the Union.
A statement of the Field Examiner for the Board, attached to the
stipulation and made a part of the stipulation, indicates that the Union
and the Intervenor each represents a substantial number of employees
in the unit hereinafter found appropriate 2
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 Act.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
employees of the Company's establishment at 1200 Howell Mill Road,
N. W., Atlanta, Georgia, excluding all office, sales, clerical employees,
and supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, 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 shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
'Relations Board by Sections 9 (c) of the National Labor Relations
Act, and pursuant-to Article III, Section 9, of National Labor Rela-
tions-Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Butchers
Abattoir, Inc., Atlanta, Georgia, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
2 The Field Examiner reported that the Union submitted 17 application-for-membership
cards, and the Intervenor submitted 10 application -for-membership cards. There are ap.
proximately 26 employees in the appropriate unit.
UNITED BUTCHERS ABATTOIR, INC. 1327
from the date of this Direction, under the direction and supervision
of the Regional Director for the Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, 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 preceding-the
date of this Direction including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by United Packing-
house-Workers of America, C. I. 0., or by Amalgamated Meat Cutters
and Butcher Workermen of North America, A. F. of L., for the
purposes of collective bargaining, or by neither.
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