Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Aug 19, 1943

51 N.L.R.B. 1433 (N.L.R.B. 1943)

In the Matter Of WILSON & CO., INC. and GENERAL DRIVERS, INSIDE
WORKERS AND HELPERS UNION, No. 8451
Case No. R-5775.-Decided August 19, 1943
Mr. M. R . Swanson, of Chicago, Ill., and Mr. H. W. Eastwood, of
Albert Lea, Minn., for the Company.
Mr. Edward C. Esboldt, of St. Paul , Minn., and Mr. Oscar Jepson;
of Albert Lea , Minn ., for the Union.
Mr. William C. Baisinger , Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by General Drivers,
Inside Workers and Helpers Union, No. 845, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Wilson & Co., Inc., Albert Lea, Minne-
sota, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Stephen
M. Reynolds, Trial Examiner. Said hearing was held at Albert Lea,
Minnesota, on July 29,1943. The Company and the Union appeared,2
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, to introduce evidence bearing on the
issues, and to file briefs with the Board. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
'At the hearing the Union moved to change its name as it appears on_the amended
petition to the name set forth in the above caption. The Trial Examiner granted the
motion and directed that all other formal papers be amended in accordance therewith.
2 Packinghouse Workers Organizing Committee. C. I. 0., was served with notice of the
hearing and was present ' at the hearing . However , it did not enter- a formal appearance
or seek to intervene in the proceedings.
51 N L. R. B., No. 231.
1433
1434 DECISIONS OF NATIONAL LABOR RELATIONS 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., a Delaware corporation, owns and operates a
meat packing plant at Albert Lea, Minnesota, at which it is engaged in
the business of slaughtering livestock and processing meat and meat
products. During its past fiscal year ending October 31, 1942, the
Company purchased livestock, for use at its Albert Lea plant, valued
in excess of $200,000, of which over 50 percent was shipped to said
plant from points outside the State of Minnesota. During the same
period, the Company sold over $500,000 worth of processed products,
approximately 75 percent of which was sold and delivered to purchasers
outside the State of Minnesota. The Company admits that it is en-
gaged in commerce within the meaning of the National Labor Relations
Act at its Albert Lea, Minnesota, plant.
II. THE ORGANIZATION INVOLVED
General Drivers, Inside Workers and Helpers Union, No. 845, is a
labor organization affiliated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen & Helpers of America and the Amer-
ican Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 17, 1943, the Union requested the Company to
recognize it as the exclusive bargaining representative of the employees
in an alleged appropriate bargaining unit. The Company refuses to
accord the Union such recognition unless and until it is certified by
the Board.3
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate .4
8 Packinghouse Workers Organizing Committee , C. I. 0., has a written collective bar.
gaining contract with the Company which covers the production and maintenance em.
ployees in the Company's Albert Lea, Minnesota , plant, but specifically excludes the
employees sought by the Union 's petition in this proceeding . The Company does not claim
said contract to be a bar to this proceeding . A representative of the P. W. O. C., who
was present at the hearing but did not enter a formal appearance , stated on the record that
the P. W. O. C. does not object to the Union 's petition.
4 The Regional Director reported that the Union submitted 19 application -for-membership
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of July 2, 1943 , which contains the names of 19 persons in the alleged
appropriate unit.
WILSON & CO., INC. 1435
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
We find, in accordance with the stipulation of the parties, that all
truck drivers employed by Wilson & Co., Inc., at its Albert Lea, Minne-
sota, plant who are classified as chauffeurs and engaged in local and
over-the-road delivery of meat and meat byproducts,' excluding fore-
men, mechanics, mechanics' helpers, yard drivers, all supervisory
employees with authority to hire, promote, discharge, discipline or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, and all other employees, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing 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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Wilson & Co.,
Inc., Albert Lea, Minnesota, 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 supervision of the
Regional Director for the Eighteenth 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 employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
In accordance with the stipulation of the parties, the certain driver who is stationed
in Faribault , Minnesota , but who is carried on the Albert Lea plant pay roll, is hereby
included in the appropriate unit.
1436 DECISIONS OF ICATIONAL LABOR RELATIONS BOARD
this Direction, including 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
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by General
Drivers, Inside Workers and Helpers Union, No. 845, for the purposes
of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.