Wilson & Co., Inc.

National Labor Relations Board - Board DecisionsSep 27, 1943

52 N.L.R.B. 877 (N.L.R.B. 1943)

In the Matter of WILSON & Co., INC., BRANCHES and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, LOCAL UNION #62, C. I. O. Case No. R-5923.-Decided September 27, 1943 Mr. M. R. Swanson, of Chicago, Ill., and Mr. L. H. Fuqua, of Omaha, Nebr., for the Company. Mr. Fred Wendell and Mr. Earl Graham, of Omaha, Nebr., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Packinghouse Workers Organizing Com- mittee, Local Union #62, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Wilson & Co., Inc., Branches, Omaha, Ne- braska, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Margaret L. Fassig, Trial Examiner. Said hearing was held at Omaha, Ne- braska, on August 26, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to exam- ine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Wilson & Co., Inc., Branches, is a Delaware corporation with its principal office at Chicago, Illinois. It operates 90 branches through- out the United States. We are here concerned with its wholesale market at Omaha, Nebraska. 52 N. L. R. B., No. 154. 877 878 DECISIONS OF NATrTONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED Packinghouse Workers Organizing Committee, Local Union #62, is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the'Company. III. THE QUESTION CONCERNING REPRESENTATION On May 6, 1943, the Union requested the Company to recognize it as exclusive collective bargaining representative of the employees at the Omaha wholesale market. The Company refused this request. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union contends that wholesale market employees at the Omaha plant of the Company, excluding supervisors and watchmen, belong in a unit with the production and maintenance employees. The pro- duction and maintenance employees at the Omaha plant of the Com- pany are presently covered by a contract between the Company and the,Union. The Company contends that the wholesale market em- ployees should constitute a separate bargaining unit. The Company maintains'separate accounting systems for its packing plant and the wholesale market at Omaha. The employees of the wholesale market are employed by Wilson & Co., Inc., Branches, while the employees at the packing plant are employed by Wilson & Co., Inc. The former is a wholly owned subsidiary of Wilson & Co., Inc. The record indicates that the work performed by the wholesale market employees is dissimilar to that of the production and maintenance employees in the plant. Under the circumstances, we find that a separate unit of wholesale market employees is appropriate. We find that all wholesale market employees at the Omaha plant of the Company, excluding watchmen 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. 1 The Field Examiner reported that the Union submitted four membership application cards bearing apparently genuine signatures of persons whose names appear on a pay roll of the Company . There are four employees in the appropriate unit. WILSON & CO., INC., BRANCHES V. THE DETERMINATION OF REPRESENTATIVES 879 We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees 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 Relations 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., Branches, Omaha, Nebraska, 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 Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Packinghouse Workers Organizing Committee, Local #62, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.