Illinois Meat Co.

National Labor Relations Board - Board Decisions

May 3, 1944

56 N.L.R.B. 239 (N.L.R.B. 1944)

In the Matter of ILLINOIS MEAT COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL 56, C. I. O.
Case No. 13-R-- 338.Decided Maj 3, 1944
Mr. David Silbert, of Chicago, Ill., for the Company.
Mr. R. R. Martinez, of Chicago, Ill., for the Union.
Mr. William R. Cameron, of counsel to the Board.
DECISION
I
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Packinghouse Workers of Amer-
ica; Local 56, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Illinois Meat Company, Chicago, Illinois, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing-upon due notice before Mozart G. Ratner, Trial Exam-
iner. Said hearing was held at Chicago, Illinois, on April,7, 1944.
The Company and the Union appeared, participated, and were afford-
ed full opportunity, to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues. The Company-
moved to dismiss the petition on the ground, in substance, that the
Board had failed to proceed to final disposition of consolidated Cases
Nos. R-5433 (13-R-1617) and 13-C-2234, involving the Company and
the Union, prior to the issuance of its order severing the aforesaid cases
and granting the motion of the Union to withdraw its petition in Case
No. R-5433.1 The Trial Examiner reserved ruling upon this motion
for the Board. The motion is hereby denied. 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.
I Prior to the,withdrawal of the petition in Case No. R-5433, the Board had pending
before it objections filed by the Union to the consent election held on May 11, 1943. The
Union has filed a waiver of any right to contest the results of any election that may be
directed in the present case on any ground set forth in Case No. 13-C-2234.
56 N. L. R. B., No. 48.
239
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Illinois Meat Company, an Illinois corporation with plant and prin-
-cipal offices in Chicago, Illinois, is engaged in the business of process-
ing hogs, fresh pork, hams, bacon, and other meat items. It has con-.:
tracts to supply meat to the Army and Navy, and also under the Lend-
Lease program. During the year 1943 the Company's purchases
amounted to $8,000,000, of which 80 percent in"value was shipped to the
Company from points outside the State of Illinois. During the same
period the Company's sales of finished products amounted in value to
$9,000,000, of'which 60 percent Was shipped to points outside the State
,of Illinois. The Company employs at its plant at 3939 South Wallace
Street, Chicago, Illinois,. which alone ,is involved in this proceeding,
approximately 550 employees. The Company concedes that it is en-
gaged in commerce within the meaning-of the-Act.
II. THE ORGANIZATION INVOLVED.
United Packinghouse Workers of America, Local 56, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 22, 1944, the Union notified the Company by letter of
its claim to represent a majority of the Company's production and
maintenance employees and requested a collective bargaining confer-
ence. The Company refused the request of the Union.
A statement of the Field Examiner introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
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 substantial accordance with the stipulation of the parties,
that all hourly paid and piece-work production and maintenance em-
ployees of the Company, including hourly -paid checkers and scalers,
2 The Field Examiner reported that the Union submitted 266 designation cards, of which
1R9 are dated in February 1944. There are approximately 479 employees in the appropriate
unit. -
i
ILLINOIS MEAT COMPANY 241
but excluding executives, superintendents, assistant superintendents,
foremen, assistant foremen, general office employees, truck drivers,
watchmen, guards, plant clerks, timekeepers, gang checkers, weekly
paid checkers and scalers, technical men, shipping clerks, hog buyers,
assistant hog buyers, and all other supervisory employees with author-
ity to hire, promote, discharge, discipline,.or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning 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 Election
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 3, it is hereby
DIRECTED, that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Illinois Meat Com-
pany, Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 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, brit excluding any who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, to determine whether or
not they desire to be represented by United Packinghouse Workers
of America, Local 56, C. 1. 0., for the purposes of collective bargaining.
R 7 7 84-4 5--v o 1 56--175