Wilson and Co.

National Labor Relations Board - Board Decisions

Jun 15, 1940

24 N.L.R.B. 731 (N.L.R.B. 1940)

In the Matter of WILSON & COMPANY and L. U. #6, UNITED PACK-
INGHOUSE WORKERS OF AMERIOA, OF PACKINGHOUSE WORKERS OR-
GANIZING COMMITTEE , AFFILIATED WITH C. I. O.
Case No. R-1375
SUPPLEMENTAL DECISION
AND
SUPPLEMENTAL DIRECTION OF ELECTION
June 15, 1940
On August 7,.1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in•the
above-entitled proceedings.' On August 22, 1939, the Board issued
an. amendment to- the Direction of Election.2 The Direction of
Election as amended directed that an election by secret ballot be
conducted at such time as the Board might in the future direct,
under the direction and supervision of the Regional Director for
the Eighteenth Region (Minneapolis,' Minnesota); acting in this
matter as agent of the National Labor Relations Board and
subject to Article 'III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, among all
production and maintenance employees of Wilson & Company at
its Albert Lea plant, including William J. Robinson, Edward J.
Higgins, Eva W. Holt, Olaf Turtness, Walter L. ,Johnson, Leon-
ard V., Johnston, George D. Kittleson, John J. Randall, William
W. Taylor,' and' Einer C. Jorgenson, who were on the pay roll of
the company for May 6, 1939, including those laid off who had
seniority standing with the company on that date, but' excluding
foremen,' assistant foremen, clerical and once employees, teamsters,
supervisory employees, checkers, and employees who had since quit
or been discharged for' cause to determine whether they desired,
to be represented by Local No. 6,- United Packinghouse Work-
ers of America, of the Packinghouse Workers Organizing Committee,
affiliated with the' Congress of Industrial Organizations, or by Work-
ers' Union, for the purposes of collective bargaining, or by neither;
114 N. L. R. B. 283.
2 14 N. L. R. B. 291.
24 N. L. R. B., No. 72.
731
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 23, 1940, the Board gave notice to the parties that on
June 3, 1940, or as soon thereafter as convenient, unless sufficient cause
to the contrary shall have been shown by June 1, 1940, it would amend
the Direction of Election as amended, directing that an election be
conducted as early as possible, but not later than thirty, (30) days
from the date of this Supplemental Direction of Election, among all
production and maintenance employees of the company at its Albert
Lea plant whose names appear on the pay roll for the week next
preceding the date of said Supplemental Direction of Election, in-
cluding employees who did not work during such pay-roll period
because they were ill, on leave, or on vacation, and including em-
ployees who were then or have since been temporarily laid off but
who have retained seniority standing with the company, but exclud-
ing assistant foremen,3 clerical and office employees, teamsters, super-
visory employees, checkers, and employees who have since quit or
been discharged for cause to determine whether they desire to be
represented by Local #6, United Packinghouse Workers. of America,
of the Packinghouse Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations; or by Workers' Union for
the purposes of collective bargaining, or by neither.
On May 27,.1940, the company acknowledged receipt of the above-
.stated notice and requested, prior to the filing of any opposition,
copies of any petition or motion filed with the Board by the-
petition-ing Union relating to a direction of election at this. time, but made no
showing sufficient to warrant further postponement of an election
among its employees. The company's request is hereby denied.
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 Wilson & Company, Chicago, Illinois, an election by secret bal-
lot shall be conducted. as early as possible, but not later than thirty
(30) days from the date of this Supplemental Direction of Election
under the direction and supervision of the Regional Director for
the Eighteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations, among all production and maintenance
employees of the company at its Albert Lea plant whose names,
8 The exclusion of foremen from the unit was omitted through inadvertence in the
notice, but supervisory employees of lesser rank, i. e. assistant foremen, were properly
mentioned for exclusion. The omission has been corrected in the Supplemental Direction,
infra.