The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Sep 28, 1939

15 N.L.R.B. 757 (N.L.R.B. 1939)

In the Matter of THE CUDAHY PACKING COMPANY and UNITED
PACKINGHOUSE WORKERS OF AMERICA, LOCAL No. 21, OF THE PACK-
INGHOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1318
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
- September 28, 1939
On July 12, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled proceeding. On July 26, 1939, the Board issued an
Amendment to Direction of Election.2 The Direction of Election,
as amended, directed that an election by secret ballot be conducted
within thirty (30) days from the date of the Direction among the
production and maintenance employees who were employed by The
Cudahy Packing Company, Denver, Colorado, during the pay-roll
period last preceding the date of the Direction, including employees
who did not work during such pay-roll period because they were ill
or on vacation, but excluding foremen, assistant foremen,. super-
visors, clerical, office and temporary employees, checkers, scalers,
watchmen, stock drivers, truck drivers, the nurse, and the canteen
clerk, and all employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by the
United Packinghouse Workers of America, Local No. 21, of the
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, herein called .the United, or by
the Independent Packinghouse Workers Union of Denver, herein
called the Independent, or by neither.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on July 31, 1939, under the direction
and supervision of the Regional Director for the Twenty-second
Region (Denver, Colorado). Full opportunity was accorded to all
parties to the investigation to participate in the conduct of the elec-
113 N. L. R. B. 526.
213 N. L. R. B. 533.
15- N. L. R. B., No. 77.
757
169549-39-vol. 15-49
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion by secret ballot. On August 4, 1939, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, issued and duly served upon
the parties his Election Report on the ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of ballots cast -------------------------------- 177
Total number of ballots counted--------------------------- 176
Total number of ballots for United Packinghouse Workers of
America, Local No. 21, of the Packinghouse Workers Organ-
izing Committee , affiliated with the Congress of Industrial
Organizations -------------------------------------------- 142
Total number of ballots for Independent Packinghouse Workers
Union of Denver --- -------------------------------------- 16
Total number of ballots cast for neither of the above unions- 18
Total number of blank ballots -------------------------------- 0
Total number of void ballots -------------------------------- 0
Total number of challenged ballots-------------------- ------ 1
On August'9, 1939, the Independent filed with the Regional Direc-
tor its objections to the Election Report, alleging in substance, that
(1) the United and its members coerced, threatened, and intimidated
employees of The Cudahy Packing Company, herein called the Com-
pany, thereby precluding the holding of a fair election; (2) the
Regional Director erred in refusing to- request the Board for a further
postponement of the election because of such alleged intimidation
and coercion, and the Regional Director in advance informed the
United as to the date on which the election was to be held, without
similarly informing the Independent, thereby showing a preference
to the United; (3) the election was not conducted in a manner con-
forming to the directions for the conduct of such elections in that
the United coerced, threatened, and intimidated employees of the
Company; the polling place was left unattended by representatives
of the Board, with only watchers of the United who electioneered
in the polling place being present; (4) the Independent declined to
appoint observers to attend and watch the, election because their
presence would have led,to disputes, disturbances, and riots; (5) the
Independent was denied the right to have a watcher present outside
the polling place; .(6) more persons than had been designated as
eligible voters by the Board participated in the election; and (7) an
eligible voter was not permitted to cast his ballot. The Independent
submitted affidavits in substantiation of its objections, and requested
,an investigation of the objections in accordance with the Board's
Rules and Regulations.
The Company also filed objections with the Regional 'Director
stating that (1) the election was not conducted in conformity with
THE CUDAHY PACKING COMPANY 759
the Board' s Rules and Regulations, and was held after the 15 days
allotted in the original Direction of Election had expired; (2) the
Amendment to Direction of Election is invalid "because of no proper
service of notification"; (3) the election was not a fair and impartial
proceeding because of the alleged coercion, threats, and intimidation
by the United "against members and employees of Cudahy plant"
and particularly against officers and members of the Independent.
On August 30, 1939, the Acting Regional Director issued his
Report on Objections, in which he reported as follows as to the
objections of the Independent:
With respect to paragraph 1 of the Objections, the Acting Regional
Director reported that while some members of the United did inter-
fere with the distribution of handbills by members of the Inde-
pendent on July 20 and 21, 1939, there is no evidence of violence or
intimidation of any employee.
With respect to paragraph 2, the Report states that no advance
information as to the election date was given to the United; that
the election date was suggested by the United at a conference of all
parties on July 26, 1939, and was agreed to by representatives of the
Independent and the Company, after the Regional Director an-
nounced that his investigation did not indicate that the election
should be postponed indefinitely.
With respect to paragraph 3, the Report states that representatives
of ,the Board at no time left the polling place unattended by at
least one of their number, and the alleged electioneering by a watcher
of the United did not take place. The facts set forth in the affidavit
submitted by the Independent in support of its contention that elec-
tioneering took place are controverted by the Acting Regional Direc-
tor. It appears that Donald A. Younger, the affiant , exchanged
pleasantries with watchers of the United and afterwards cast his
ballot. No other voters were present in the polling place at this time.
With respect to paragraph 4, the Report states that investigation
disclosed no evidence in support of the objection therein set forth,
and that the objection is without merit.
With respect to paragraph 5, the Report states that during the
election one Hyman Coggan stationed himself in the so-called neutral
zone outside of the polling place and engaged in electioneering and
in counting voters; that Board representatives invited Coggan to
qualify as a watcher for the Independent; that he refused to be so
qualified and was thereupon informed by Board representatives that
no loitering, electioneering, or counting of voters would be tolerated
near the polling place and was requested to leave the neutral zone.
The Acting Regional Director found no merit in the objections set.
forth in paragraph 5.
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to paragraph 6, the Report shows that during the
pay-roll period last preceding the date of the Decision and Direction
of Election, 177 persons within the unit found by us to be appro-
priate were employed by the Company. The objections in this para-
graph are therefore without merit.
Finally, with respect to paragraph 7, the Report states that Wil-
liam L. Moore, the employee who was challenged and not permitted
to cast his ballot, admitted that he was a shipping clerk of the Com-
pany, was therefore ineligible to vote, and was properly excluded.
The Acting Regional Director further reported that he had inves-
tigated the matters set forth in Objections of the Company and
finds no evidence to support them and no merit in them.
The Board has fully considered the Objections filed by the Inde-
pendent and by the Company, and the Acting Regional Director's
Report thereon. The Board finds that the Objections raise no sub-
stantial and material issues with respect to the conduct of the ballot.
They are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regula-
tions-Series 2,
IT IS HEREBY CERTIFIED that United Packinghouse Workers of
America, Local No. 21, of the Packinghouse Workers Organizing
Committee, affiliated with 'the Congress of Industrial Organizations,
has been designated and selected by a majority of the production and
maintenance employees of The Cudahy Packing Company, Denver,
Colorado, excluding foremen, assistant foremen, supervisory, clerical,
office, and temporary employees, checkers, scalers, watchmen, stock
drivers, truck drivers, the nurse, and the canteen clerk, as repre-
sentative for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
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