Wilson & Co., Inc.

National Labor Relations Board - Board DecisionsApr 30, 1946

67 N.L.R.B. 1037 (N.L.R.B. 1946)

In the Matter Of WILSON & COMPANY, INC. and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL 195, A. F. OF L. In the Matter Of WILSON & COMPANY, INC. and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. or L. Cases Nos. 4-R-1973 and 4-R-1988, respectively .Decided April 30,1946 Mr. Swanson , of Chicago , Ill., for the Company. dir. Edivard Davis, of Philadelphia , Pa., for the Amalgamated Unions. Cllr. Herbert J . Nester, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Amalgamated Meat Cutters and Butcher Workmen of North America, Local 195, A. F. of L., and by Amalga- mated Meat Cutters and Butcher Workmen of North America, A. F. of L., herein collectively called the Amalgamated, alleging that ques- tions affecting commerce had arisen concerning the representation of employees of Wilson & Company, Inc., of Chicago, Illinois, herein called the Company,, at the two plants of the Company hereinafter named, the National Labor Relations Board provided for a consoli- dated hearing upon due notice before Herman Lazarus, Trial Ex- aminer. The hearing was held at Philadelphia, Pennsylvania, on March 14, 1946. The Company and the Amalgamated appeared and participated. All parties 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 hear- ing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. I At the hearing, motion was granted to amend the pleadings to show the correct name of the Company. 67 N. L R . B., No. 129. 1037 1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Wilson & Company, Inc., a Delaware corporation with its principal offices located at Chicago, Illinois, is engaged in purchasing and slaughtering of livestock and in processing, selling, and distributing meat and meat products. The Company operates nine packing plants, including the two plants concerned herein, the plants at Allentown and Scranton, Pennsylvania. At the Allentown plant the Company annually purchases raw mate- rials valued in excess of $500,000, 60 percent of which originates from points outside the Commonwealth of Pennsylvania. The Allentown plant likewise annually sells and distributes products valued in excess of $500,000, 3 percent of which is shipped to points outside the Com- monwealth of Pennsylvania. At the Scranton plant raw materials purchased annually by the Company are valued in excess of $500,000, 60 percent of which orig- inates from points outside the Commonwealth of Pennsylvania. All products sold and distributed by the Scranton plant, however, are delivered to points within the limits of the Commonwealth of Pennsylvania. The Company admits that its Allentown plant is engaged in com- merce within the meaning of the National Labor Relations Act, but denies that the Scranton plant comes within the jurisdiction of the Board. We find, contrary to the contention of the Company, that in the operation of both plants, the Company is engaged in commerce within the meaning of the National Labor Relations Act.2 II. THE ORGANIZATIONS INVOLVED Amalgamated Meat Cutters and Butcher Workmen of North Amer- ica, and its Local 195, are labor organizations, affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The Company has refused to recognize the Amalgamated as the collective bargaining representative of the employees in both its Allen- town and Scranton plants until certified by the Board in respective appropriate units. 2 See Matter of Raleigh Coca Cola Bottling Works, 65 N . L. R B. 1010, and cases cited therein ; Matter of Atlantic Company, 65 N L. It. B. 1274 WILSON & COMPANY, INC. 1039 Statements of a Board agent, introduced in evidence at the hearing, indicate that both the Amalgamated unions represent a substantial number of employees in the units claimed to be appropriate .3 We find that questions affecting commerce have 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. IV. THE APPROPRIATE UNITS A. The Allentown plant (Case No. 4--R-1973) The parties are in substantial agreement that all production em- ployees of the Company's Allentown plant, including distribution employees, but excluding maintenance employees, salesmen, student salesmen, shipping clerk, truck drivers, office and clerical employees, foremen, department heads, and all other supervisory employees, con- stitute the appropriate unit. The Company, however, would exclude the assistant foreman in the sausage department, while the Union would include him. This employee, Earl Harwick, was formerly the foreman in the sausage department during the absence of the regular foreman, Paul Todd, who was absent from the plant in the armed forces. Upon Todd's return to employment, Harwick was not demoted by the Com- pany, but a new job was created for him with the classification of "assistant foreman." The record is clear that he exercises joint super- visory control over other employees in the department; has on several occasions hired and discharged employees ; and has effected changes in the status of other employees. Accordingly, we shall exclude him from the bargaining unit. We find that all production employees at the Company's Allentown plant, including distribution employees, but excluding maintenance employees, salesmen, student salesmen, shipping clerk, truck drivers, office and clerical employees, foremen, assistant foreman (sausage department), department heads, and all other 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. 'The Field Examiner reported that the Amalgamated submitted 17 cards bearing the names of employees listed on the Allentown pay roll dated January 1946 There are approximately 19 employees in the appropriate unit al the Allentown plant The Field Examiner also reported that the Amalgamated submitted 41 cards bearing the names of employees listed on the pay roll of the Scranton plant dated January 1946. There are approximately 50 employees in the appropriate unit at the Scranton plant 1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD B. The Scranton plant, (Case No. 4-R-1988) The Amalgamated urges as an appropriate unit in the Scranton plant all production and maintenance employees, including distribu- tion employees, working foremen, working foreladies,4 truck drivers, chauffeur-salesman (also referred to as a peddler salesman), assist- ant shipping clerk, floor salesman, and the checker, but excluding office and clerical employees, outside salesmen, foremen, the manager, and all other supervisory employees with authority to hire and fire. The Company is in substantial accord with the composition of the unit re- quested, but would exclude the chauffeur-salesman (or peddler sales- man), the floor salesman, the assistant shipping clerk, and the checker. Chauffeur-Salesman (or peddler salesman) There is one employee in this classification. He drives a company- owned refrigerated truck throughout the district serviced by the Scranton plant. He personally loads the truck with meats and meat products at the Company's plant and travels over routes of his own choice selling such products from the truck to customers he personally solicits. He has 'authority to make collections for all sales and may extend credit to any of his customers. He is paid on a straight salary basis and is responsible directly to the plant manager. We are of the opinion that the duties of the chauffeur-salesman are more closely identified with those of the outside salesman, whom the parties agree to exclude, than with those of the production and maintenance em- ployees. Accordingly, we shall exclude the chauffeur-salesman from the bargaining unit. Floor Salesman There is one employee in this classification. His duties entail serv- icing all retail merchants who personally call at the Company's plant to make their purchases. This employee merely quotes prices to the customers, writes up their orders, and forwards the orders to the billing department. He has no authority to extend credit, nor is he responsible for collections. He does not handle the products sold or take any part in delivery. It is our opinion that his duties are pri- marily clerical, and inasmuch as the parties are in accord that clerical employees should be excluded from the unit, we shall accordingly exclude the floor salesman. 'Although working foremen and working foreladies were specifically included in the unit requested by the Amalgamated, the record is clear that neither of these classifications appear on the pay roll of the Company 's Scranton plant. WILSON & COMPANY, INC. 1041 AesiBtant Shipping Clerk Although this employee is paid substantially the same salary as other employees in the shipping department, he exercises joint super- visory authority with the shipping clerk over the other employees. The record is clear that he is responsible for discipline in this depart- ment and has, on numerous past occasions, hired, discharged, and effected changes in the status of employees in the shipping department. Accordingly, we shall exclude him from the unit. Checker There is one employee in this classification. His duties involve checking all invoices against the merchandise sold to the retail mer- chants by the floor salesman in the plant. He is required to determine that proper charges are made for all products sold, and that all orders are properly filled and designated for the correct customers. We are of the opinion that the checker is a clerical employee and we shall, therefore, exclude him from the unit. We find that all production and maintenance employees at the Com- pany's Scranton plant, including distribution employees and truck drivers, but excluding all office and clerical employees, salesmen, chauffeur-salesman, floor salesman, the checker, the shipping clerk, the assistant shipping clerk, foremen, assistant foreman, the manager and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the.status of em- ployees, or effectively recommend such action, constitute a unit appro- priate 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 questions concerning representation which have arisen be resolved by separate elections by secret ballot among employees in the respective appropriate units who were employed during the pay-roll period immediately preceding the date of this Decision and Direction of Elections, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS 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 3, as amended, it is hereby 692148-46-vol 67-67 1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Wilson & Com- pany, Inc., Chicago, Illinois, separate elections 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 Fourth 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 em- ployees in the respective units 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 the said pay-roll period because they were ill or on vaca- tion 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 those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the elections, (1) to determine whether or not the employees of the production unit of the Allentown plant described in Section IV, above, desire to be represented by Amalgamated Meat Cutters and Butcher Workmen of North America, Local 195, A. F. of L., for the purposes of collective bargaining; (2) to determine whether or not the employees of the production and maintenance unit of the Scranton plant described in Section IV, above, desire to be represented by the Amalgamated Meat Cutters and Butcher Workmen of North America, A. F. of L., for the purposes of collective bargaining.