Armour and Co.

National Labor Relations Board - Board Decisions

Apr 28, 1943

49 N.L.R.B. 195 (N.L.R.B. 1943)

In the Matter of ARMOUR AND COMPANY and PACKINGHOUSE WORKERS
ORGANIZING CoDIi1I1rTEE, LOCAL No. 15, AFFILIATED WITH THE CON-
GRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-5132.-Decided April 38, 19413
Mr. Paul E. Blanchard, of Chicago, Ill., for the company.
Messrs. H. C. Fremming 'and Ralph Balier, both of Kansas City,
Mo., for the P. W. O. C.
Messrs. Eric B. Bjurman and J. G. Campbell, both of Kansas, City,
Mo., for the I. A. M.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
I STATEMENT OF THE CASE
Upon petition duly filed by Packinghouse Workers Organizing
Committee, District No. 4,1 affiliated with the Congress of Industrial
Organizations, herein called the P. W. O. C., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Armour and Company, Kansas City, Kansas, herein
called the Company, the National Labor Relations Board consoli-
dated the petition herein with a petition filed by the P. W. O. C.
covering other employees of the Company,2 and provided for an ap-
propriate hearing upon clue notice before John A. Weiss, Trial
Examiner. Said hearing was held at Kansas City, Missouri, on
April 7, 1943. The Company, the P. W. O. C., and International
Association of Machinists, Kansas City Lodge,No. 92, affiliated with
the American Federation of Labor, herein called the I. A. M.,
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The P. W. O. C. moved,' without ob-
jection, that the instant proceeding be severed from Case No. R-5131, °
in order that the `Board might proceed 'with the issuance of a de-
1 By motion granted at the hearing, Local No 15 was substituted for District No. 4
8 Case No. R-5131
49 N. L. R. B, No 26.
195
531647-43-col 44-14
1 196 DECISIONS OF NATIONAL LABOW RiELATIONS BOARD
cision in the instant case. The Trial Examiner referred the motion
to the Board. The motion is hereby granted, and the proceedings
are hereby severed. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour and Company, an Illinois corporation with its princi-
pal office and place of business in Chicago, Illinois, is engaged
in, the slaughtering, processing, and packing of livestock products.
Since June 1917 it has been qualified to do business in the State
of Kansas and maintains a plant at Kansas City, Kansas, which
is engaged in the slaughtering, processing, and packing of live-
stock products. We are concerned herein with the operations of
the' Kansas City plant. All of the livestock slaughtered in the
Kansas City plant are purchased in stockyards located in Kansas
City, Missouri. The total production of products of livestock slaugh-
tered at the Kansas City plant during the year 1942 was in excess
of 500,000,000 pounds, having a total value in excess of $45,000,000,
of which more than 75 percent was distributed to points outside
the State of Kansas. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Packinghouse Workers `Organizing Committee, Local No. 15, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
International Association of Machinists, Kansas City Lodge No.
92, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 21, 1938, the Board certified the I. A. M. as the
exclusive bargaining representative of the machinists and machin-
ists' helpers of the Company at its.Kansas City plant.3 The P. W.
'O. C. is at the present time recognized by the Company in a con-
tract as the exclusive representative of all its production and main-
tenance employees with the exception of foremen, assistant fore-
a Matter of Armour & Company and International Association of Machinists, Local 9$,
5 N. L. R . B. 535 at 540.
ARMOR AND COMPANY 197
men,'machinists and machinists' helpers, plant clerk S,4 plant police,
truck drivers, and employees in the wholesale market. On or about
December 2, 1942, the P. W. O. C. notified the Company that it
represented a majority of the machinists and machinists' helpers
at the Kansas City plant. The Company replied that it was un-
willing to bargain with the P. W. O. C. with regard to these em-
ployees until it has been certified by the Board.
A statement of the Field Examiner, introduced into evidence at,
the hearing, indicates that the P. W. O. C. and the I. A. M. each
represents a substantial number of the machinists and machinists'
helpers.5
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; TFIE DETERMINATION OF REPRESENTATIVES
The P. W. O. C. seeks to include within the, unit of employees of the
Company which it already represents the machinists and machinists'
helpers who have previously been established as a separate appropriate
unit. However, the P. W. O. C. does not seek an election covering the
entire group, but desires to have an election ordered by the Board
confined to the machinists and machinists' helpers to determine whether
these employees desire to be included with the production and main-
tenance group for the purposes of collective bargaining.
We are of the opinion and find that this group which the P. W. O. C.
desires to have added to the production and maintenance unit may
properly form part of said unit if the employees so desire. In view
of the absence of any question concerning representation `among the
employees in the original production and maintenance unit, we shall
direct an election only among the machinists and machinists' helpers
wherein a question concerning representation has arisen. If the em-
ployees in this voting group select the P. W. O. C., they will have
thereby indicated their desire to be included in a unit with the general
production and maintenance group and will be part of such unit. If,
however, these employees choose the I. A. M. as their bargaining repre-
sentative, they shall continue to constitute a separate and distinct unit.
i
* The plant clerks are the subject of Case No . R-5131.
The Field Examiner reported that the P . W 0 C. submitted 24 dues-payment cards,
of which 15 bore the names of persons appearing on the Company 's pay roll of January
23, 1943. The I. A. M submitted an affidavit of its business agent containing the names
of 7 persons as members in good standing as of January 28, 1943 . §ix of the names
appearing on this affidavit also appear on the above -mentioned pay roll . The names of
2 employees appear both on the affidavit submitted by the I. A. M and the dues -payment
cards submitted by the P. W. O . C. There are about 25 persons classified as machinists
or machinists ' helpers.
198 DEICTSION'S, OF NATIONAL LABOR RELATION S BOARD
We shall, accordingly, direct thatthe question concerning reprqenta-
tion which has arisen be resolved by an election by secret ballot among
the machinists and machinists' helpers, exclusive of supervisors, em-
ployed at the Kansas City plant of the Company, 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 Armour and Com-
pany, Kansas City, Kansas, 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 supervisiolt 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, Section 10, of said Rules and Regulations, among the ma-
chinists and machinists' helpers of the Company 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 "temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
supervisors and any who have since quit or been discharged for cause,
to determine whether they desire to be represented by Packinghouse
Workers Organizing Committee, Local No. 15, affiliated with the
Congress of Industrial Organizations, or by International Associa-
tion of-,Machinists, Kansas City, Lodge No. 92, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining, or
by neither.
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