Armour and Co.

National Labor Relations Board - Board Decisions

Feb 2, 1945

60 N.L.R.B. 341 (N.L.R.B. 1945)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL 58, C. I. O.
Case No. 17-R-1046.-Decided February 20, 1945
Mr. J. C. Moore, of Chicago, Ill., and Mr. C. M. Stewart, of South
St. Joseph, Mo., for the Company.
Mr. Ralph Baker, of Kansas City, Mo., and Mr. Herbert J. Hollo-
way, of St. Joseph, Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Packinghouse Workers of
America, Local 58, C. I. 0., herein called the Union, alleging that a
giiestion affecting commerce had arisen concerning the representation
of employees of Armour and Company, South St. Joseph, Missouri,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Margaret
L. Fassig, Trial Examiner. Said hearing was held at St. Joseph,
Missouri, on January 15, 1945. The Company and the Union ap-
peared, participated, and 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
heading are free from prejudicial error and are hereby affirmed. 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
I. THE BUSINESS OF THE COMPANY
Armour and Company is an Illinois corporation operating plants
in several States. We are here concerned with its plant at South St.
Joseph, Missouri, where it is engaged in slaughtering and processing
livestock. The Company ships products valued in excess of $1,000,000,
60 N. L. R. B., No. •70.
341
342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
annually, from its South St. Joseph plant, 90 percent of which is
shipped to points outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, Local 58, 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 refuses to recognize the Union as exclusive collective
bargaining representative of the matrons and janitors at the South
St. Joseph plant until such time as the Union is certified by the
Board.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees claimed by it.'
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. TIIE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Company presently recognizes the Union as the exclusive col-
lective bargaining representative of the production and maintenance
employees at the South St. Joseph plant. The Union now seeks to
enlarge the scope of its present bargaining unit by adding thereto the
plant janitors and matrons. The Company contends that the Union
could not be a proper representative of the matrons and janitors
because it represents the production and maintenance employees.
There is no necessary conflict between self-organization and collective
bargaining, and the faithful performance of duty. Freedom to
choose a bargaining agent includes the right to select a representative
which has been chosen to represent. other employees of the Company.
Thus, we find the Company's contention that the Union cannot be a
proper representative of the employees involved herein to be
untenable.
The record indicates that the plant janitors and matrons may prop-
erly form a part of the larger unit presently represented by the Union.
We shall, accordingly, direct an election only among the South St.
Joseph plant janitors and matrons of the Company so that they may
I The Field Examiner reported that the Union submitted 22 authorization cards. There'
are approximately 27 employees involved herein.
ARMOUR AND COMPANY 343
indicate their desires as to whether or not they should be added to the
established bargaining unit presently represented by the Union.2
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees. of the Company in the following voting group 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 :
All janitors and matrons at the South St. Joseph plant of the Com-
,p tny, excluding supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the ,status
of employees, or effectively recommend such action.
In the event a majority of the employees select the Union as their
bargaining representative, they will have thereby indicated their
desire to be merged with the employees of the Company now repre-
sented by the Union.
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 Armour and Com-
pany, South St. Joseph, Missouri, 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 Seventeenth 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 the employees in the voting group described in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
United Packinghouse Workers of America, Local 58, C. I. 0., for the
purposes of collective bargaining.
2 Matter of Armour and Company, 40 N. L. R. B. 1333.