Cudahy Packing Co. of Alabama

National Labor Relations Board - Board Decisions

Sep 24, 1943

52 N.L.R.B. 845 (N.L.R.B. 1943)

In the Matter of CUDAHY PACKING COMPANY OF ALABAMA and AMAL-
GAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA,
LocAL 513
Case No. 16-R-.956.Decided September 041, 1943
Mr. J. T. Bigger, of Birmingham, Ala., for the Company.
Mr. Louis B. Daniels, of Louisville, Ky., for the Amalgamated.
Mr. G. R. Hathaway, of Atlanta, Ga., for the P. W. O. C.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters and Butcher
Workmen of North America, Local 513, herein called the Amalga-
mated, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Cudahy Packing Company
of Alabama, Birmingham, Alabama, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before T. Lowry Whittaker, Trial Examiner. Said
hearing was held at Birmingham, Alabama, on September 2, 1943.
The Company, the Amalgamated, and Packinghouse Workers Or-
ganizing Committee, Local 136, herein called the P. W. O. C., appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing
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
1. THE BUSINESS OF THE COMPANY
Cudahy Packing Company of Alabama, an Alabama corporation,
maintains its principal office and place of business in the city of
Chicago, Illinois, and has four branch houses in the State of Alabama.
52 N. L. R. B., No. 146.
845
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We are here solely concerned with its branch house located at Bir-
mingham, Alabama, where it is engaged in the wholesaling of products
of the Cudahy Packing Company, and of processing certain smoked
meats, sausage and hams. During the period of 34 weeks ending
June 26, 1943, the Company purchased, both locally and from the
Cudahy Packing Company, raw materials amounting to more than
$1,000,000, of which approximately 871/2 percent was shipped to the
plant at Birmingham from points outside the State of Alabama.
During the same period, the Company sold finished products amount-
ing in value to more than $2,000,000, none of which was shipped to
points outside the State of Alabama.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North
America, Local 513, is a labor organization, affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
Packinghouse Workers Organizing Committee, Local 136 is a labor
organization, affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Amalgamated, by letter of July 28, 1943, notified the Com-
pany that it claimed to represent a majority of the Company's em-
ployees, and requested a collective bargaining conference. The Com-
pany did not reply to this letter, but stated at the hearing that it
would not recognize the Amalgamated unless certified by the Board
as the bargaining representative.
On October 27, 1941, the Company and the P. W. O. C. entered into
a contract in writing effective, by its terms, until October 26, 1942.
This contract, though it did not so specifically provide, was regarded
by the parties as renewable automatically in the absence of 30 days'
notice in writing. The P. W. O. C. on September 18, 1942, gave such
notice, and thereafter the P. W. O. C. and the Company entered into
negotiations concerning the terms of a new contract. In view of the
similarity of the demands made upon the Company by the P. W. O. C.
to those involved in a dispute then pending before the National
War Labor Board, to which the Cudahy Packing Company, a cor-
poration organizationally interrelated with the Cudahy Packing Com-
pany of Alabama, and the "others of the "big four" of meat packers
were parties, and the delay that might be caused by the desire of the
Company and the P. W. O. C. to await a decision in that case, it was
verbally agreed to extend the terms of the previous agreement until a
new written contract should be executed. Although the Directive
CUDAHY PACKING COMPANY OF ALABAMA 847
Order of the National War Labor Board was issued on February 8,
1943, and further negotiations were conducted subsequently thereto,
as of the date of the hearing no new written contract had been entered
into between the Company and the P. W. O. C. The P. W. O. C. con-
tends that its contract of October 27, 1941, as extended by verbal
agreement with the Company, constitutes a bar to a determination of
representatives at this time. However, since the written contract had
by its terms terminated, and the P. W. O. C. and the Company were
still in the process of negotiating the terms of a new agreement at the
time the Amalgamated presented its claim of representation, we find
that the contract is not a bar to a present determination of repre-
sentatives.
A statement of the Field Examiner introduced in evidence at the
hearing, indicates that the Amalgamated represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
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
Substantially in accordance with the agreement and stipulation
of the Amalgamated and the P. W. O. C.,2 we find that all employees
of the Company at its Birmingham, Alabama, plant, excluding clerks,
office employees, salesmen, watchmen, employees on the temporary
pay roll who have been employed less than 4 weeks,3 superintendents,
foremen, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
i The Field Examiner reported that the Amalgamated had submitted 34 membership
applications, dated in July 1943, of which 25 appeared to bear the genuine original signa-
tures of persons whose names are on the Company's pay roll of July 24, 1943, containing the
names of 68 persons in the unit claimed to be appropriate.
The P. W. 0 C. relies on its contract above mentioned as sufficiently establishing its
interest in this proceeding.
2 The Company, at the hearing , took no position with respect to the unit. The unit
herein found to be appropriate is, however, substantially the same as that covered by the
contract between the P. W 0 C. and the Company.
3 The record discloses that the Company maintains a separate pay roll , known as the
temporary pay roll , on which the names of new employees are placed . Some of those so
employed are hired for only a few days to do certain kinds of work for which the Company
often needs extra employees . Others, whom the Company intends to employ permanently,
are kept on the temporary pay roll during a probationary period of 90 days, after which they
are placed on the permanent pay roll. No distinction is made , on the temporary pay-roll
list, between these two types of employees . The record indicates , and the parties agree,
however, that in the case of all employees who have been employed 4 weeks or more, it is
probable that they are employed with the intention of being placed on the permanent
pay roll at the completion of the 90-day period of probation , and hence have a substantial
interest in the selection of a collective bargaining representative.
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848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIREcmEn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cudahy Packing
Company of Alabama, Birmingham, Alabama, 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 su-
pervision of the Regional Director for the Tenth 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 unit found appropriate 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, to
determine whether they desire to be represented by Amalgamated
Meat Cutters and Butcher Workmen of North America, Local 513,
affiliated with the American Federation of Labor, or by Packinghouse
Workers Organizing Committee, Local 136, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.