John Morrell & Co.

National Labor Relations Board - Board Decisions

Feb 24, 1944

55 N.L.R.B. 24 (N.L.R.B. 1944)

In the Matter Of JOHN MORRELL & Co. and UNITI':D PACKINGHOUSE
WORKERS OF AMERICA, C. I. 0., LOCAL UNION No. 1
Case No. 18-R-879.-Decided February 24, 1944
Mr. Edward J. Grier, of Ottumwa, Iowa, for the Company.
-Mr. Lester B. Bishop, of Ottumwa, Iowa, for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers,
C. I. Oti, Local Union No. 1, herein called the Union, alleging-that a
question affecting commerce had -arisen concerning the representa-
tion of employees of John Morrell .& Co., Ottumwa, Iowa, herein called
the Company,' the National Labor Relations Board provided for an
appropriate hearing upon due notice before Clarence A. Meter, Trial
Examiner . Said hearing was held,at Ottumwa, Iowa, on December
14, 1943. The Company and the Union appeared, 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 hearing (are free from
prejudicial error and are hereby affirmed. All parties were afforded
the opportunity of filing 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
John Morrell & Co., is a Maine corporation with its principal office
and place of business at Ottumwa, Iowa. At the Ottumwa plant,
which is the only one involved in this proceeding, the Company is
engaged in the business of meat packing, including the slaughter of
'Incorrectly described in the petition and other- formal papers as John Morrell and
Company, and corrected by stipulation at the hearing.
55 N. L. R. B., No. 4.
24
JOHN MORRELL & CO.' 25
cattle, hogs, and sheep, and the processing, manufacture and canning
of various beef, pork, and mutton products and byproducts. During
the fiscal year ending November 11, 1943, the Company purchased
for use at its Ottumwa plant, raw materials exceeding $40,000,000 in
value, of which approximately 5 percent was, obtained from points
outside the State of Iowa. During the same period, the finished prod-
ucts of the Company amounted to more than $80,000,000 in value, of
which approximately 95 percent was shipped from the Ottumwa plant
to points outside the State of Iowa. 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 , Local Union No. 1, is a labor organ-
ization affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCEI;NING lirPIiESENTAT1ON
On September 7, 1943, the Union informed the Company by letter
that it represented all employees in the meat stock office and'requested
recognition as exclusive representative for the' purposes of collective
bargaining. On October 6, 1943, ltlie Union notified the Company by
letter that, it represented a majority of its' chief clerks and requested
recognition as exclusive bargaining representative for these employ-
ees. On September 9, 1943, and October 12, 1943, respectively, the
Company replied to the several letters of the Union, stating that it
woifld not recognize the Union as bargaining agent for the classifica-
tions of employees referred to, unless and until the' question of repre-
sentation had been determined by the Board.
A statement pf the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit of chief clerks,2 hereinafter found appro-
priate, and also among the heat stock office eii-iployees.3
We find that questions concerning representation have arisen con-
cerning the representation of employees of the' Company within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. ,
'The term "chief clerks" does not denote the nature of the duties perfoinied by this
classification of employees
'The Regional Director reported that the Union had submitted 12 membership cards
dated in October and November 1943 Of these, 8 bore the apparently genuine original
signatures of persons whose navies are on the Company's pay'roll of November 20, 1943,
containing 24 names within the appropriate unit of chief clerks. The remaining 4 cards
bore the apparently 'genuine original signatures of persons whose names are on the Com-
pany's pay roll of November 20, 1943, containing 4 names within the group of meat stock
office 'employees.
26' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE -UNIT; THE DETERMINATION OF REPRESENTATIVES-
The Union's position as modified at the hearing, is that the meat
stock office employees and the chief clerks should be joined to 'the
production and maintenance unit now represented by the Union,'
or in the alternative that the meat stock office clerks and the chief
clerks should be set apart as a single or separate bargaining units.
The Company maintains that the meat stock office employees and the
chief clerks cannot, constitute an appropriate unit or units, either
separately or as part of the production and maintenance group. The
position of the Company is that (1) neither the chief clerks nor the
meat stock office employees or both of these classifications should be
included in the present production and maintenance unit, inasmuch
as these are clerical classifications; (2) these two classifications do
not constitute a separate appropriate unit, since their duties are not
similar; and (3) the chief clerks should not be represented by a labor
organization, since this classification includes confidential • and super-
visory employees. In addition thereto, the parties are in disagree-
nient as to the inclusion in or exclusion of certain individual employees
from such unit as may be found appropriate in the present proceeding.
With respect to the meat stock office employees, the record reveals
that these employees have the duty (if keeping a perpetual inventory
of stocks of meat on hand' in the various departments of the plant.
While at the present time they work in a separate office which is
located on a "bridge" between two production buildings, they were,
prior to September 1941, located in the production departments where
they apparently performed the usual work of factory clerks.,. Like
production and maintenance employees, meat stock office -employees
are paid on an hourly basis,G are carried oli the plant pay roll, and
have no supervisory authority.
The Company, however, contends that, notwithstanding a similarity
in status and working conditions between meat stock office employees
and the production and maintenance group, meat stock office em-
ployees have been consistently recognized as clerical employees and
have not been included with' the production and maintenance em-
ployees throughout the period covered by collective bargaining be-
tween the Company and the Union. On the other hand; while it ap-
The Union was certified by the Board as representative of a general production and
maintenance unit on December 6, 1937 ( 4 N. L. R. B 436 ), and has since had continuous
contractual relations with the Company up to and including the present time. The pres-
ent record presents no question of representation in the production and maintenance group.
G The trasfer of the meat stock office employees from the production departments to the
meat stock office resulted from a decision of the Company to centralize this work in one
location
'Meat stock office employees punch the slime time clock as that used by the production
and maintenance employees in the adjoining dry salt department.
JOHN MORRELL & CO. 27
pears that meat stock office employees were not expressly included in
the series of collective bargaining agreements between the Company
and the Union covering production and maintenance employees,
neither were they, expressly excluded therefrom, although other types
of clerical employees were specifically excluded.' Moreover, the fact
that the unit as found appropriate in the Board's prior decision omits
any reference to meat stock office employees, and generally excludes
all clerical help from the production and maintenance unit, does not
preclude a-finding that meat stock office employees may properly be
joined to the production and maintenance unit." The Board has fre-
quently included factory clerks in a production and maintenance
unit,9 and no sufficient reason here' appears why meat stock office
employees who perform substantially the same work as factory clerks
may not be so joined. We shall, however, permit the preference of
the meat stock office employees themselves to determine whether or
not they shall, be added to the existing unit of production and mainte-
nance employees, and'to that end shall order an election. If at such
election these employees select the Union, they will have thereby indi-
cated their desire to be included in a unit with the production and
maintenance employees, and the Union may accordingly bargain for
them as a part of such unit."
The further question as to whether the chief clerks herein concerned
may also be permitted to join the production and maintenance group,
presents considerations of a somewhat different nature. Such differ-
ence is revealed by the fact that while'the chief clerks in question are
in a sense factory clerks through their location in or adjacent to the
foremen's offices in'the various production departments,1' they do,
nevertheless, have duties and responsibilities substantially different
from those of ordinary factory clerical employees. The record reveals
7 The unit as recognized by the last collective bargaining agreement between the Com-
pany and the Union is described in the following terms : "all production, maintenance
and stockyard employees as have been certified by the National Labor Relations Board
or recognized by the Company, but not including the General Superintendent, Plant Super-
intendent, Divisional Superintendents, Foremen, Assistant Foremen, Production Engi-
neering Departments, and all others in a supervisory capacity who,do not work in this
gang; Foremen, Chief Clerk, Timekeeper, Retail Market employees, and all other General
Office employees."
8 In the previous decision the questions of including or excluding meat stock office clerks
from the production and maintenance unit was not raised or considered by the Board in
Its finding of the appropriate unit. Under such circumstances, the Board's prior determi-
nation of an apropriate unit does not preclude it from considering the status of the clerks
herein concerned upon the evidence presented in the instant proceeding. See Matter of
Bethlehem Steel Company, 39 N. L. R. B. 1230; Matter of Aluminum Co. of America,
42 N. L R B 772 ,
See Matter of A, mour & Company, 15 N. L. R B. 2681 ; Matter of Sheffield Steel Corp.
of Texas, 43 N. L. R B. 956; Matter of New York Butcher Dressed Meat Company,
Division of Armour and Company of Delaware, 45 N. L. It. B. 816.
10 See Matter of Fairchild Engine and Airplane Corporation. 53 N. L. It. B. 395.
11 The chief clerks, while presently located in the production departments, are in sep-
arate sections of the production areas, and in some instances are separated by glass en-
closures from the production employees.
28 DECISIONS OF N'ATION'AL LABOR] RELATIONS BOARD
that chief clerks as a group, while normally without supervisory capac-
ity 12 and with no part in or, confidential knowledge concerning the
labor relations of the Company, generally keep the' time of the produc-
tion employees in their departments and also maintain absentee rec-
ords and seniority lists used by the foremen for lay-off purposes. Fur-
thermore, chief clerks, as distinguished from the meat stock office em-
ployees; do no manual labor 13 and are paid largely upon a weekly
rather than upon the hourly basis common to both, production and
meat stock office employees. In addition thereto, it appears that chief
clerks have been expressly excluded from the production and mainte-
nance unit under the contracts of collective bargaining negotiated bel
tween the Company and the Union. Under the circumstances, we are
of the opinion and find that while the chief clerks herein concerned- are
not, as a group, confidential employees within our customary defini-
tion, and hence may not be deprived of the privilege of collective bar-
gaining,'4 they have, nevertheless, insufficient interests in common with
the production employees acid the pleat stock office employees to war-
rant including them in the production and maintenance unit for the
purposes of collective bargaining. Accordingly, we shall grant them
an opportunity to bargain collectively in a unit separate and. apart
from both the production and the meat stock office employees.
There remains for consideration the question of including or exclud-
ing certain individual chief clerks from the unit of chief clerks herein-
after found appropriate for the purposes of collective bargaining.
Hoyt Bishop is chief clerk in the Load and Ship Department where
he has under his supervision between 30 and 40 employees. While
there is no evidence that Bishop has any authority with respect to the
hire and discharge of such 'employees, he. may, nevertheless, recom-
mend their suspension. In addition thereto, it appears that although
he does some clerical work, he spends at least half of his time acting
as substitute foreman during the absence of the regular foreman for
the department. Under the circumstances; we find that Bishop is a
supervisory employee within our usual definition of the term Y5' Ac-
cordingly, we shall exclude him from the unit of chief clerks herein-
after found appropriate for the purposes of collective bargaining.
Oba Day, the chief clerk in the Lard Refining Department, has
charge of shipping and loading lard. While his duties include the
keeping of stock records, he is apparently the regular supervisor for
four employees who work under him and to whom he gives orders.
12 Although chief clerks substitute for the foremen in their absence, the evidence does
not disclose' the ficquency of such absences among the foremen as a group
13 By comparison with the chief clerks, meaf stock office clerks do some manual Tabor
ahenever • it is necessary to move stock in connection 'with their inventory, work.
"See Matter o f Chrysler Cm poretion, 36 N. L: R . B'. 157 at 162 ; Matter of (General
Motors Corporation, 12 N L R B 64!1
1e See Matter of Bisbee Linseed Company , 34 N. L. R B 272
JOHN MORRL'LL & CO. 29
Moreover, although without the authority with respect to the hire and
discharge of employees, Day may recommend the suspension of em-
ployees. In view of his substantial supervisory powers and duties,
,we find that Day is a supervisory employee. He will, accordingly, be
excluded from the unit.
Audrey Lushbaugh, is the chief clerk in the Ham Boning Depart-
ment. While he,performs some clerical duties, he has the responsi-
bility of supervising between 15 and 30 employees and his duties in
.this respect are similar to those of an assistant foreman',1e in acknowl-
edgement of which capacity he wears a type of coat symbolic of this
grade of supervision. .In addition thereto, it appears that in the event
of an increase in operations, Lushbaugh will spend the greater part
of his time in supervisory activities. In view of the foregoing evidence,
we find that Lushbaugh is a supervisory employee, by reason whereof
we shall exclude him from the unit.
Earl King, the chief clerk in the Kill and Cut Department, spends
the greater part of his time placing men on various jobs in this de-
partment. In the performance of his duties, he exercises some dis-
cretion in the selection of employees to be placed in available positions.
In addition, he is present-and takes notes during discussions between
management and the Union. In view of his ' discretionary powers in
the placement of employees and his secretarial duties in connection
with labor negotiations, we find that Kin- has substantial supervisory
powers and also bears a confidential relationship to management with
respect to labor relations.17 We shall, accordingly, exclude him from
the unit of chief clerks hereinafter found appropriate for the pur-
poses of collective bargaining.
Charles Jones, the chief clerk in the meat stock office,", receives from
other meat stock office clerks reports which he thereafter forwards to
the general office. He likewise goes each day to the general office to
report to the sales manager the amount of pickle stock on hand. While
it does not appear that he actually supervises any of 'the meat stock
office employees at the present time, his position is such that he would
substitute for the meat stock office foreman in the latter's absence.
We are of the opinion and find that Jones has interests and functions
which are more closely allied with those of management than are the
interests and functions of the group of chief clerks herein involved.
10The eategmy of assistant foremen was expressly excluded from the production and
maintenance unit as defined in the last of the series of collective bargaining'agicements
between the Company and the Union
17 Sea Matter of General Motoi s Corporation, Chevrolet Motor Division, 5i N L P. B
1096
Is The Union contends that while Jones is listed as a chief clerk , he does not in fact
occupy this position. There is, however, no evidence to support the Unions -contention
in this -respect- On the contrary, it appeals that Jones is distinguishable Eton the other
clerks in the meat stock office in that he is the-only clerk therein who is not paid upon
an hourly basis
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
He will, accordingly, be excluded from the appropriate unit relating
thereto.
We find that "all chief clerks employed by the Company at its
Ottumwa, Iowa, plant, excluding all supervisory employees 19 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 meaning of Section 9,(b) of the Act.
We shall direct that separate elections by secret ballot,be held among
(1) the employees in the chief clerks unit hereinbefore found appro-
priate, and (2) the meat stock office employees, excluding the meat
stock office foreman, the chief clerk in the meat stock office, and all
other supervisory employees with' authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or, effectively recommend such action, who were employed
during the pay-roll period immediately preceding the date of the
Direction of Elections herein, subject to the limitations and additions
set forth in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board of Section 9 (c) of the National Labor Re-
lations 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 represent-
atives for the purposes of collective bargaining with John Morrell
& Co., Ottumwa, Iowa, separate elections 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
RBgional Director'f or the Eighteenth 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, (1) among the
employees in the chief clerks .unit found appropriate in Section IV,
above, and (2) among the meat stock office employees, excluding the
meat stock office foreman, the chief clerk, in the meat stock office, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including any employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid off,
"Hoyt Bishop , Oba Day, Audrey Lushbaugh , Earl Icing , and Charles Jones are to be
deemed excluded as supervisory employees.
JOHN MORRELL & CO. 31
and including emp l oyees 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 election, to determine whether or
not they desire to. be represented by United Packinghouse Workers
of America , Local Union No. 1, C . I. 0., for the purposes of collective
bargaining.
I