Wilson & Co, Inc

National Labor Relations Board - Board Decisions

Jul 30, 1942

42 N.L.R.B. 1114 (N.L.R.B. 1942)

in the'Matter of WILSON & Co , INC and DEPARTMENT STORE, PACKAGE,
GROCERY, PAPER HOUSE, LIQUOR & MEAT DRIVERS, HELPERS & WARE-
HOUSEMEN, LOCAL UNION 955, A F. L.
Case No R-3967-Decided July 30,1942
Jurisdiction: meat distributing industry
Investigation and Certification of Representatives : existence of question iefusal
to accord petitioner recognition, replacement employees held eligible to vote,
election necessary
Unit Appropriate for Collective Bargaining : all employees of the Company's
Kansas City, Missouri, wholesale market, exclusive of truck drivers, office
employees, foremen, assistant foremen, and salesmen
Mr. Maury Hopkins, of Chicago, 111, for the Company
Mr. W R Sherry, of Kansas City, Mo, for the A. F L
Mr. H. I. Frenaming,, of Kansas City, Mo , for the C I O.
Mr R. H Stone, of Kansas City, Mo, for the E R C
Mr Stanley D Metzger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Department Store, Package, Grocery,
Paper House, Liquor & Meat Drivers, Helpeis & Warehousemen,
Local Union 955, A F L, herein called the A F L) alleging that a
-question affecting commerce had arisen concerning the representation
of employees of Wilson & Co, Inc, Kansas City, Missouri, herein
called the Company, the National Labor Relations Board provided for
an appropriate heaiing upon due notice before Eugene R Melson,
Trial Examiner Said hearing was held at Kansas City, Missouri,
on June 22, 1942 The Company, the A F L, Packinghouse Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, herein called the C I 0, and Employees' Represent-
ative Committee, herein called the E R C , appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
The Trial Examiner's rulings made at the heaiing are free from
prejudicial errors and are hereby affirmed.
42 N L R B, No 200
1114
WILSON & CO , INC. 1115
Upon the entire i ecord in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Wilson- & Co , Inc , is a Delaware corporation with its principal
office and place of business in Chicago, Illinois It is engaged in the
purchase and slaughter of live stock, and the processing, sale, and
distribution of meat and meat products in 10 cities located in various
States A subsidiary company operates about 90 wholesale ware-
houses throughout the United States The Company's plant at Kan-
sas City, Missoui i, is the only one involved in this proceeding During
the year ending October 31, 1941, the Company's Kansas City, Mis-
souri, plant sold finished products valued at more than $1,000,000, of
which more than 50 percent were shipped by the Company to places
outside the State of Missouri The Company admits that its business
operations affect commerce within the meaning of the National Labor
Relations Act.
II TIIE 011GANIZATIONS INVOLVED
Department Store, Package, Grocery, Paper House, Liquor & Meat
Drivers, Helpers & Waiehousemen, Local Union 955, affiliated with
the Amei ican Federation of Labor, is a labor organization admitting
to membership employees of the Company
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting, to membership employees of the Company
Employees' Representative Committee is an unaffiliated labor organ-
ization admitting to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The Company and the three labor organizations stipulated that on
or about March 2, 1942, the A F L informed the Company that it
represented a majority of the employees in the Company's wholesale
market within a unit which it claimed to be appropriate, and requested
recognition as the exclusive bargaining representative of such em-
ployees, and that the Company refused to so recognize the A F L.
A statement of a Field Examiner for the Board, introduced in evi-
dence at the hearing, shows that the three labor organizations repre-
sent a substantial, number of employees in the unit hereinafter found
appropriate 1
Gp
1 The Field Examinee reported that The A F L had submitted to him 30 membership
application cards, 27 of which bore apparently genuine signatures Sixteen of these 27
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Relations Act.
IV THE APPROPRIATE UNIT
The A F. L alleges that all employees of the wholesale market at
the Company's Kansas City, Missouri, plant, exclusive of truck
drivers, office employees, fox emen, assistant foremen, and salesmen,
constitute an appropriate unit There is no objection to this unit
desired by the A F L, and all parties agree that the following 19 em-
ployees 2 are properly in the unit
Bukaty-Calf Skinner
Petrick-Cutter
McCurley-Beef Lugger & Cutter
Nolting-Retail Helper
Palcher-Produce Helper
M Miller-Provision Helper
Livesay-Provision Helper
Stephan-Provision Helper
*Meade-Provision Helper
Bramlett-Provision Helper
Fred E Smith-Provision Helper
A. Miller-Janitor
*Harder-Box Washer
Barker-Provision Helper
*Moore-Provision Helper
Owens-Scaler
Sefton-Scaler
Lindsay-Provision Helper & Scaler
Hall-Egg Candler
The parties are in dispute regarding the following employees :
Rickey-The Company desires his exclusion because it considers him
to be a salesman The A F L and C. I 0 desire his inclusion; the
E R C desires his exclusion Rickey, listed on the Company's pay
signatures were of persons whose names appeared on the Company 's pay roll for the
week ending April 18, 1942 The C I 0 submitted 16 membership cards to the I4eld
Examiner , all of which bore apparently genuine signatures Fifteen of these 16 cards
bore the names of persons whose names appeared on the Comany's pay roll for April 18,
1942 The E R C presented to the Field Examiner 12 cards, bearing signatures which
appear to be genuine Five of these i2 cards bore the names of persons whose nameg
appeared on the Company's pay roll for April 18, 1942 The appropriate unit comprises
approximately 23 persons
2 The employees whose names are preceded by asterisks have left the Company' s employ
since April 18, 1942, the date of the Field Examiner's cross-check Their successors
are clearly within the appropriate unit
WILSON & CO , INC 1117
loll as "Lcl Boning Slsmn," is supervisor of the Boning Department
which consists of himself and another inan, Young. The evidence re-
veals that he spends approximately 50 percent of his time in physical
labor-boning, wrapping, and boxing meat, and 50 percent of his time
in selling about 95 percent of the merchandise boned in his department.
The degree of authority exercised by Rickey over Young-is not dis-
closed by the record In view of the fact that Rickey spends a consider-
able portion of his time at physical labor, we shall include him within
the unit.
Young-The Company deslies his exclusion, claiming that he, is a
salesman The A F. L and the C I 0 desire his inclusion in the unit;
the E R C takes no position on Young The evidence reveals that
Young, who works under Rickey in the Boning Department,, spends
between 80 and 90 percent of his time doing physical labor, and sells
merchandise only occasionally. We shall include Young in the unit.
Turner-The Company desires Turner's exclusion, alleging that he
is a supervisoi The A F L and C I 0 desire his inclusion in the
unit; the E R C takes no position on Turner. The evidence reveals
that Turner, who is listed on the Company's pay roll as a "Retail Sales-
man," is responsible for the running of the wholesale market, handles
the cash, does the ordering, and buys supplies. One part-time employee
woiks directly under his supervision. Turner only occasionally wraps
orders and slices meat. In view of his duties in connection with the
iunning of the wholesale market, we shall exclude Turner from the
Unit as a supervisoiy employee
Clume-The Company desires his exclusion as a salesman The C. I.
O and the E R C desire his inclusion in the unit;, the record is not
cleai as to the A F L's position on Clune Clune, listed on the°Com-
pany's pay roll as "Small Stock Salesman," spends part of his time at
physical labor; cutting and weighing meat, and part of his time in
selling meat It appears from the evidence that he spends approxi-
mately 50 to 60 percent of his time cuttii g and weighing meat, and
the rest in selling meat and quoting prices to customers whom he has
known for some time. In view of the considerable amount of time
spent by Clune at physical labor, we shall include him in the unit
Hughes-The Company desires Hughes' exclusion as a salesman
The A F L desires his inclusion, the E R C desires his exclusion ; and
the C I O. desires his exclusion because it claims that he is a supervisor
The evidence reveals that Hughes, listed on the Company's pay roll
as an "Assistant Produce Salesman," spends 60 percent of his time
handling the clerical details of the wholesale market's produce business,
and 25 percent selling produce over the telephone when the pi oduce
salesman is absent from the market Hughes has one man under him
who gathers the orders which Hughes has consummated over the
1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
telephone We shall exclude Hughes from the unit because most
of his time is devoted to sales and clerical work
Lutz-The Company desires his exclusion as an office employee.
The A F. L desires his inclusion, the C I 0 and E R C desire his
exclusion Lutz, listed on the Company's pay roll as "Night Bill
Clerk," performs only clerical duties We shall exclude Lutz from the
unit.
Pinkard-The Company and the C I 0 desire his exclusion as a
foreman. The A. F. L desires his inclusion; the E R C desires his
exclusion Pinkard, listed on the Company's pay roll as "Dock Fore-
man," is "in charge of all dock operations" and of checkers who check
out trucks each morning from the dock, he does not perform physical
labor. Pinkard, at the time of the hearing, supervised the work of
three employees, and ordinarily has two men working under him
We shall exclude Pinkard from the unit as a foreman
James-The Company desires his exclusion as an office employee
The A F L and C I 0 desire his inclusion, the E R C desires his
exclusion James, listed on the Company's pay roll as "Bill Clerk,"
supervises two other bill clerks who, all parties are agreed, should be
excluded from the unit James spends approximately 75 percent of
his time preparing invoices from salesmen's orders and receiving orders
from customers and salesmen, and devotes the rest of his time to
physical labor, handling products In view of the fact that James
spends the larger proportion of his time doing clerical won k, we shall
exclude him from the unit as an office employee
Myers-The Company desires his exclusion as an office employee.
The A F L and C I 0 desire his inclusion ; the E R C desires his
exclusion Myers, listed on the Company's pay roll as a shipping
clerk, checks or charges out merchandise which is bought by peddlers
or jobbers. In Matter of Wilson d; Co, Inc, and Packinghouse
Workers Orgamzrmg Commvdttee, Local No 20, affiliated with the
C. I 0 , 37 N L R B 944, by agreement of the parties, plant checkers
at Kansas City were included in the production and maintenance unit
and all wholesale market employees were excluded Since Myers'
duties in the wholesale market are similar to those of plant checkers,
and since plant checkers are included in the production and main-
tenance unit, we shall include Myers in the unit herein defined.
Braams-The Compay desires his exclusion as an office employee.
The A F L desires his inclusion ; the C I 0 and E R C take no
clearly defined positron on Braams The evidence reveals that Braams
is listed as a "Bill Clerk" on that section of the Company's pay roll
which contains the names of salesmen and office employees who, all
parties are agreed, should be, excluded from the unit He works in the
office with the other employees whom all parties would exclude We
shall exclude Braams from the unit as an office employee.
WILSON & CO., INC 1119'
We find that all employees of the Company's Kansas City, Missouri,
wholesale market, exclusive of truck diivers, office employees, foremen,
assistant foremen, and salesmen, 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 Com-
pany desires that a current pay roll be used to determine eligibility
to vote The three labor organizations desire that the April 25, 1942,
pay roll be used, but advanced no persuasive reason in support of this,
i equest. In accoi dance with our usual practice, we shall direct that
the employees of the Company eligible to vote In the election shall be
those in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and conditions set forth in the
Direction '
DIRECTION OF ELECTION
By virtue ofand 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 Relations
Boaid Rules and Regulations-Series 2, as amended, it is hereby
In accordance with out findings herein , the following employees comprise the unit
Bukaty-Calf Skinner
Peti ich-Cutter
McCuile3-Beef Lugger & Cutter
Nolting-Retail Helper
Palcher-Produce Helper
M Diller-Provision Helper
Livesay-Pioiision Helper
Stephan-Prousion Helper
Biamlett-Provision Helper
Fred E Smith-Provision Helper
A Miller -J tnitor
Ball.el-Provision Helper
Owens=Scaler
Sefton-Scalei
Lindsay-Provision Helper & Scaler
Hall-Egg Candler
Ricke3-Local Boning Salesman
Young-Beef Boning
Clune-Small Stock Salesman
M3eis-Shipping Clerk
we include within the unit the employees who have replaced Meade, provision helper,
Harder , box washer , and Moore , provision helper , and any other employee who has suc-
ceeded any of the above-mentioned employees
In the event that any of the employees included in the appropriate unit in Section IV,
above, shall have left the Company's employ prior to the pay-roll period immediately pie-
ceding the date of the Diiection of Election her em , any employees who shall have replaced
them and were employed during the pay-roll period immediately preceding the date of
the Direction of Election herein , shall be eligible to vote
1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as psi t of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wilson & Co, Inc,
Kansas City, Missouri, 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 Seventeenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Aiticle III, Section
9, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed at the
Company's Kansas City, Missourr, plant during the pay-roll period
immediately preceding 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 sex vice or training
of the United States, or temporarily laid off, but excluding employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Department Store, Package,
Grocery, Paper House, Liquor & Meat Drivers, Helpers & Warehouse-
men, Local Union 955, affiliated with the American Federation of
Labor, by Packinghouse Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, by Employees' Repre-
sentative Committee, for the purposes of collective bafgaining, or by
none of these organizations