Wilson & Co.

National Labor Relations Board - Board Decisions

Aug 3, 1943

51 N.L.R.B. 989 (N.L.R.B. 1943)

In the Matter Of WILSON & COMPANY, INC. and AMALGAMATED MEAT
CuTnms & BUTCHER WORKMEN OF N. A., LOCAL 5, AFFILIATED WITH
THE A. ' F. of L.
Case No. R-5651.-Decided August 3, 1943
Mr. R. C. Winkler, of Chicago, Ill., for the Company.
Messrs. Anthony Lester and Charles J. Goldsmith, of New York
City, for the A. F. of L.
Mr. Emanuel Weintraub, of New York City, for the Independent.
Mr. Samuel L. Rothbard, by Mr. Clarence Talisman, of Newark,
N. J., for the C. I. O.
Mr. William C. Baisin'er, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters & Butcher
Workmen of N. A., Local 5, affiliated with the A. F. of L., herein
called the A. F. L., alleging that a question affecting commerce had
arisen concerning the representation of employees of Wilson & Com-
pany, Inc., New York City, herein called the Company, the National
Labor Relations Board provided for an appropiate hearing upon due
notice before Sidney Reitman, Trial Examiner. Said hearing was
held at New York City, on July 8, 1943. The Company, the A. F. L.,
Independent Union of Packing House Workers, herein called `the
Independent, Packinghouse Workers Organizing Committee, C. I. 0.,
herein called the C. I. 0., appeared and participated., All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing upon the issues.
i The Trial Examiner reserved Puling upon the motion of the C. I. O. to intervene because
it produced no evidence of the interest among the Company's employees other than to state
that if the alleged unit sought by the A. F. L.'s petition were found to be appropriate, such
a finding would seriously affect the C. I O.'s existing relations in the meat packing indus-
try. The Trial Examiner permitted the C. I. O. to participate in the hearing We hereby
grant the C. I. O.'s motion to intervene _
51 N. L. R. B., No. 155.
989
990 DECISIONS OF NATIONAL LABOR REtLATIOINS BOARD
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an 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 & Company, Inc., a Delaware corporation with its principal
office in Chicago, Illinois, operates a plant located at 816 First Avenue,
New York City, herein called the First Avenue Plant, which is the
only plant involved in this proceeding. At its First Avenue Plant
the Company is engaged in the business of slaughtering, processing,
packing, and distributing meat and allied products. During the pe-
riod from June 30, 1942, to July 1, 1943, the Company purchased meat
and meat products for use at its First Avenue Plant, valued in excess
of $1,000,000, of which 90 percent was purchased and shipped to said
plant from points outside the State of New York. During the same
period the Company sold and distributed from the aforesaid plant,
meat products valued in excess of $1,000,000, the greater percentage of
said sales being made in the metropolitan area. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Meat Cutters & Butcher Workmen of N. A., Local
5, is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
Independent Union of Packing House Workers is an unaffiliated
labor organization, admitting to membership employees of the Com-
pany.
Packinghouse Workers Organizing Committee is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The A. F. L. contends that the appropriate bargaining unit should
be comprised of slingers , headers, breast sawers, floorsmen , leg break-
ers, rumpers , fell cutters , gutters, backers , rump sawers , splitters, hide
droppers , chuck splitters , head boners , and tail pullers employed by
the Company at its First Avenue Plant. The Company , the Inde-
pendent, and the C. I. O. contend that all production and maintenance
WILSON & COMPANY, INC. 991
employees employed at the Company's First Avenue Plant, excluding
office clerical employees, and supervisory employees, comprise an ap-
propriate bargaining unit.
The bargaining unit.sought by the A. F. L. includes the specially
skilled employees in the cattle kill department of the Company. The
remainder of the employees in the cattle kill department comprise the
following classifications : stock drivers, holsters, head holders, head
cutters, head trimmers, cheek droppers, tongue droppers, switchers,
cattle droppers, crotch splitters, spreaders and pullers to half hoist,
pull fellers, beat fellers, paunch truckers, squeegie men, beef washers,
scribe savers, beef shrouders, hide pullers, and inspectors. The rec-
ord indicates that all employees in the cattle kill department are an
integrated organization and that the employees sought by the A. F. L.
are necessary to the proper functioning of the department. It further
appears that the A. F. L. has collective bargaining contracts with a
number of independent meat packing houses in the metropolitan area,
which contracts cover all production and maintenance employees but
divide each plant as to departments. This is the first time the A. F. L.
has sought to establish a unit of the specially skilled employees in a
single department in this area. The reason given for this unique
attempt at organization by the A. F. L. is that only the employees
within the unit it seeks have requested representation.
The entire history of collective bargaining in the meat packing in-
dustry demonstrates the propriety of bargaining on an industrial
basis.2 It further appears that for the past 7 years the Company has
bargained with the predecessor of the Independent under an oral con-
tract covering all production and maintainance employees of the Com-
pany.
Inasmuch as it is apparent that the employees sought by the A. F. L.
constitute an integral and necessary part of the cattle kill department,
and since the history of collective bargaining in the meat packing in-
dustry has uniformly followed an industrial pattern, we are of the
opinion and find that the unit sought to be established by the A. F. L.
is inappropriate for the purposes of collective bargaining.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition is
inappropriate, as stated in Section III above, we find that no question
has arisen concerning the representation of employees of the Com-
pany in an appropriate bargaining unit.
2 Matter of Cudahy Packing Company, 17 N L R. B 302 ; Matter of Cudahy Packing
Company, 38 N. L It. B 1009 ; Matter of Armour ct Company , 42 N. L It. B . 169; Matter
of Lindner Packing and Provision Company, 45 N. L. R. B 97.
,992 DECISIONS OF NATIONAL LABOR RELATIONIS BOARD
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Wilson & Company,
Inc., at its plant located at 816 First Avenue, New York City, filed by
Amalgamated Meat Cutters & Butcher Workmen of N. A., Local 5,
A. F. L., be, and it hereby is, dismissed.
CHAUn1AN MILLIS took no part in the consideration of the above
Decision and Order.