Wilson & Co., Inc.

National Labor Relations Board - Board DecisionsSep 28, 1943

52 N.L.R.B. 888 (N.L.R.B. 1943)

In the Matter of WILSON & Co., INC. and PACKINGHOUSE WORgER8 ORGANIZING COMMIT=, LOCAL UNION #62, C. I. O. Case No. R-5924.-Decided September 08,1943 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 Committee, Local Union #62, C. I. 0., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Wilson & Co., Inc., Omaha, Nebraska, herein called the Company, the National Labor Relations Board pro- vided 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 examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hear- ing 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 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 plant at Omaha, Nebraska. The volume of business at the Omaha plant ex- ceeds $500,000 annually about 50 percent of which is distributed to points outside the State of Nebraska. 52 N. L. R. B., No. 157. 888 WILSON & CO., INC. H. THE ORGANIZATION INVOLVED 889 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. M. THE QUESTION CONCERNING REPRESENTATION On June 1, 1943, the Union requested the Company to recognize it as exclusive collective bargaining representative of the cafeteria employees at the Omaha plant. The Company refused this request. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial 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 all restaurant employees at the Omaha plant of the Company, excluding supervisors and watchmen, belong with the other production and maintenance employees at that plant in a single unit. The production and maintenance employees are presently covered by a contract between the Union and the Company. The restaurant employees are excluded from the production and maintenance contract and the Company contends that the restaurant employees should constitute a separate appropriate unit. The restaurant employees appear on the Company's office pay roll rather than its plant pay roll and the restaurant is not under the supervision of the Omaha plant superintendent. The production and maintenance employees receive a higher rate of pay than the res- taurant employees and the latter are paid on a salary basis while the former are paid on an hourly rate. Inasmuch as the duties and interests of the restaurant employees are dissimilar to those of the production and maintainance employees,'we find that a unit limited to restaurant employees is appropriate. We find that all restaurant 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 'The Field Examiner reported that the Union submitted three membership application cards bearing apparently genuine signatures of persons whose names appear on a pay roll of the Company. There are seven employees in the appropriate unit. 890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 Re- lations 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., Omaha, Nebraska, an election by secret ballot shall be con- ducted 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 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Packing- house Workers Organizing Committee, Local #62, affiliated with the Congress of Industrial Organizations, for the purposes of col- lective bargaining.