Wilson & Co., Inc.

National Labor Relations Board - Board DecisionsNov 13, 1942

45 N.L.R.B. 600 (N.L.R.B. 1942)

- In the Matter of WILSON & Co., INC. and AMALGAMATED MEAT CUT- TERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL UNION #405, AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF- FEURS, WAREHOUSEMEN AND HELPERS, LOCAL UNION #327 Case No. R-41435.Decided November 13, 1942 Jurisdiction : egg, cheese, and poultry processing industry. Investigation and Certification of Representatives : existence of question: re- fusal to grant petitioner recognition until certification by Board; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance em- ployees, including chauffeurs, but excluding supervisory and office-clerical employees and field men ; stipulation as to. Mr. R. C. Winkler, of Chicago, Ill., for the Company. Mr. A. C. Allen and Mr. Jack Hailey, of Nashville, Tenn., for the Unions. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon joint petition duly filed by Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union #405, and In- ternational Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union #327, herein' collectively called the Unions, alleging that a,question affecting' commerce had arisen con- .cerning ,the representation of employees of Wilson & Co., Inc., Mur- freesboro, Tennessee, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George S. Slyer, Trial Examiner. Said hearing was held at Murfreesboro, Tennessee, on October 24, 1942. The Com- pany and the Unions appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses,. and to introduce evidence bearing on the issues. 45 N. L. R. B., No. 88. 600 'WILSON & CO., INC. - - 601 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Wilson & Co., Inc., is a Delaware corporation with its principal office at Chicago, Illinois. We are here concerned with its plants at Murfreesboro and Franklin, Tennessee, where it is engaged in the distribution of eggs, cheese, and poultry. The Company pur- chases about 1,500,000 pounds-of eggs annually for its Murfreesboro plant, approximately 25 percent of which is shipped to it from out- side Tennessee and about 80 percent of which is shipped by it out of Tennessee. The Murfreesboro plant purchases about 1,500,000 pounds of poultry annually, approximately 40 percent of which is shipped to it from outside Tennessee. In turn, the Murfreesboro plant ships 95 percent of the processed poultry out of Tennessee. The Franklin plant of the Company processes about 600,000 pounds of cheese annually, 80 percent of which is shipped out of Tennessee. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Amalgamated-Meat Cutters and Butcher Workmen of North Amer- ica, Local Union #405, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union #327, are labor organizations affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During September 1942, the Unions requested the Company to recog- nize them as exclusive representative of certain of the Company's employees. The Company denied these requests. A statement of the Trial Examiner, read into evidence at the hear- ing, indicates that the Unions represent 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 Act. 1 The Trial Examiner reported that the Unions presented 41 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany 's pay roll of October 24, 1942. There are 126 employees in the unit hereinafter , found to be appropriate. -602 DECISIONS OF NATIONAL LABOR REE,LATIONS BOARD IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees at the Murfreesboro and Franklin plants of the Company, including chauffeurs, but excluding- supervisory and office-clerical employees and field men, 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 Unions urge that the last pay roll in September 1942 be used to determine eligibility to vote. The Company contends that the pay roll of October 24, 1942, should be used for that purpose. 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 preceding the date of the Direction of Election 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 Section 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Wilson & Co., Inc., Murfreesboro, Tennessee, 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject 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 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 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 Amalgamated Meat Cutters and Butcher Work- men of North America, Local Union #405, and International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union #327, for the purposes of collective bargaining.