Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

May 29, 1946

68 N.L.R.B. 416 (N.L.R.B. 1946)

In the Matter of WILSON & CO ., INC. and UNITED PACKINGHOUSE
WORKERS OF AMERICA, C. I. O.
Case No. 13-R-3567.-Decided May 29, 1946
Mr. John L . Cockrill, of Chicago, Ill., for the Company.
Mr. R. R. Martinez, of Chicago , Ill., for the Union.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, C. I. 0., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees of
Wilson & Co., Inc., Chicago, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Josef L. Hektoen, Trial Examiner. The hear-
ing was held at Chicago, Illinois, on April 30, 1946. The Company and
the Union 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 hearing are free from prejudicial error and are hereby
affirmed. At the hearing the Company moved to dismiss the petition.
For reasons stated in Section IV, infra, this motion is denied. 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
and place of business at Chicago, Illinois. The Company operates 8 meat
packing plants in as many States and about 90 branch houses throughout
the United States. The Company's packinghouse at Union Stockyards
68 N. L. R. B., No. 53.
416
WILSON & CO., INC. 417
in Chicago, Illinois, is the only plant involved in this proceeding. At this
plant the Company purchases, assembles, and slaughters livestock; and
processes, manufactures, and distributes various meat products and by-
products thereof. The Company purchases and slaughters about
40,000,000 pounds of livestock monthly at its Chicago plant. This live-
stock is purchased principally through commission men doing business
in Chicago. Approximately 18 percent of the hogs, 17 percent of the
sheep, 6 percent of the calves, and 2 percent of the cattle slaughtered
are purchased by the Company directly from sources outside the State
of Illinois. About 86 percent of the products at the Chicago plant is
shipped to sources outside the State of Illinois.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until the
Union has been certified by the Board in an appropriate unit.
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.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all schochtim employed at the
Company's Chicago plant. The Company contends that the schochtim
do not comprise an appropriate unit because they are independent con-
tractors and not "employees" within the meaning of the Act.
The schochtim, whose qualifications are passed upon by a Board of
Rabbis, slaughter and examine animals in accordance with the Jewish
code. If meat products are acceptable under the Jewish law, a certifica-
tion in the form of a tag is attached thereto, and the Company can then
market them as kosher products. The Company deals with the Board
of Rabbis with respect to certain conditions surrounding the employment
of the schochtim. But the schochtim are paid a salary by the Company,
punch a time clock, and are covered by a company insurance plan which
benefits all employees. In addition, social security and withholding taxes
are deducted by the Company from their salaries. Although the ritual
pursuant to which the schochtim perform their duties is necessarily out-
side the Company's control, it is clear from the foregoing facts that the
418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company stands in the position of their employer. We find, therefore,
that the schochtim are "employees" of the Company within the meaning
of the Act.1 Moreover, their special training, skills, and common in-
terests impel the conclusion that they constitute an appropriate unit.2
We find that all schochtim employed by the Company at its Chicago
plant, excluding all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit ap-
propriate 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 an election by secret ballot among employees in the
appropriate unit who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction. 0
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 3, 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.,
Chicago, Illinois, 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 Thirteenth 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 employees in the unit found ap-
propriate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees 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 those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to be
represented by United Packinghouse Workers of America, C. I. 0., for
the purposes of collective bargaining.
'See Matter of Swift & Company, 57 N. L. R. B. 1411 ; Matter of New York Butchers
Dressed Meat Company, Division of Armour & Company, 56 N. L. R. B. 1066.
a See Matter of Swift & Company, supra, Matter of New York Butchers Dressed Meat Com-
pany, Division of Armour & Company, supra