Swift and Co.

National Labor Relations Board - Board Decisions

Aug 18, 1944

57 N.L.R.B. 1411 (N.L.R.B. 1944)

In; the;;Matter of Sw,Pr AND COMPQN.Y and UNITED PACKING HOUSE
WORKERS OF AMERICA, LOCAL #251 (CIO)
In the Matter of SWIFT AND COMPANY and AMALGAMATED MEAT CUT-
TERS & BUTCHER WORKMEN OF NORTH AMERICA (AFL)
In the Matter,of SWIFT AND COMPANY and AMALGAMATED MEAT CUTTERS
& BUTCHER WORKMEN OF NORTH AMERICA, LOCAL 625, (AFL)
Cases Nos. 8-R-15.45, 8-R-1550- and 8' R-1560.Decided August 18,
1944
Messrs. William N. Strack, John P. Staley, and G. B. Cook of Chi-
cago, Ill., for the Company.
Messrs. Sam, Sponseller, Frank Deutsch, Frank Eland,. and Ed-
ward Cannon, all of Cleveland, Ohio, for the CIO.
Messrs. Sam -Pollock and Harry- Carroll-, ;both of Cleveland, Ohio,
for'the Amalgan ated.
Mr. Harry Wayne of Cleveland, Ohio, for the Amalgamated, 625.
Messrs. Herbert Walker and Starling Harris, both of Cleveland,
Ohio, for the Independent.
Rabbi Philip Rosenberg, of Cleveland, Ohio, as an Individual.
Mr. Joseph C. Wells, of counsel to the Board..
DECISION
AND
'•DIRECTION,OF'ELECTIONS • .
STATEMENT OF THE CASE
Upon separate petitions duly filed by United Packing House
Workers of America, Local #254, affiliated with the Congress of In-
dustrial Organizations , herein called the CIO, Amalgamated Meat
Cutters & ' Butcher Workmen of North America, affiliated with the
American Federation of Labor, herein called the Amalgamated, and
Amalgamated Meat Cutters & Butcher Workmen of North America,
Local 625, affiliated with the American Federation of Labor, herein
called Amalgamated 625, alleging that questions 'affecting commerce
had • arisen concerning the, representation` of employees of Swift and
Company, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for, an appropriate hear-
57 N. L. R. B., No. 219.
1411
1412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing upon due notice before Frank L. Danello, Trial Examiner. Said
hearing was held at Cleveland, Ohio, on June 22, 1944. The Com-
pany, the CIO, the Amalgamated, Amalgamated 625, Independent
Meat Packers Association, affiliated with the International Brother-
hood; of, Swift 'Employees; herein.'callted the, Indepenc edit, and Rabbi
Philip Rosenberg, an individual;1' appeared, participated,!,. and. were
afforded. full opportunity 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 an oppor-
tunity to file briefs with the Board. _
Upon the entire record inAhe case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Swift and' Company is an Illinois corporation engaged in the
processing, sale, and distribution; of meat and meat products. This
proceeding concerns employees at its Cleveland. Ohio plant. During
the fiscal year of 1943, beginning on or about November 1, 1942, and
ending- on or about October 31, 1943, the Cleveland plant handled
purchases of livestock totaling in, excess of $6,000,000; of which ap-
proximately 16 percent was purchased at points outside the State
of Ohio. During the, same period the Company purchased raw
materials having a total value in excess of $1,000,000; for use at the
Cleveland plant, of which approximately 90 percent was shipped
there from points outside the State of Ohio. For use at the Cleve-
land plant the Company 'also purchased" processed products having
a total value in excess of $1,000,000, and supplies, having a total value
in excess of $500,000, of which 861/2 and 78 percent respectively, was
shipped there from points outside the State., Total sales of prod-
ucts of the Cleveland plant during this period had a ' total value in
excess of $17,000,000, of which approximately 28 percent represents
the value of shipments to points outside the State.
We.find that, the Company, at its Cleveland plant; is engaged in
commerce within the meaning of the National'Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
UniteddPacking House Workers of America,,Local #254, is a labor
organization ^affiliated,,with-the; Congress-of.Industrial Organizations,
admitting-,to membership employees of the Company,..
1 Rabbi Rosenberg stated that heretofore he had been the "representative" of the
employees involved in the petition filed by Amalgamated 625 with' respect to their, relations
with the Company. '
SWIFT ,AND COMPANY 1413
Amalgamated Meat Cutters & Butcher Workmen of North America,
and its ,Local 625,, are labor organizations affiliated with the ,Ameri-
can Federation of Labor , admitting to membership -employees -of the
Company.
Independent Meat Packers Association is a labor organization affili-
aWd wtliAthe;?I•nternational Brotherhood of Swift Employees, -ad--1
to .menibership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On May 19,)May 25, and May 26,1944, the'C. I.O., the Amalgamated,
,and Amalgamated 625 -respectively, each requested the Company, to
recognize it as the exclusive bargaining -representative of employees
in the unit -it alleges -to be appropriate. The Company refuses so to
recognize the C. I. 0., the Amalgamated, or Amalgamated 625 until
such time as representatives of its employees are certified by the Board.
A statement of a Board -agent, -introduced into -evidence at the
hiear''ing; iiidicates-tfiat=the C. T. O., t-hey-Independent, and Amalga-
mated 625-each represents a substantial -number of employees in the
unit alleged by each-to be appropriate:2
We find that questions affecting commerce have 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 UNITS
In Case No. 8-R-1545 the C. I. O. alleges to be appropriate a unit
comprising all production and maintenance employees at the Com-
pany's Cleveland plant, -exclusive of supervisory employees, office
workers, salesmen, truck drivers, watchmen, schochtim, the matron,
and the bricklayer. The Company, and the Independent agree that
this -unit is_apjiropr'iate. In, Case"No. 8-R-1550 the Amalgamated
'The Board agent reported that the CIO submitted 199 membership cards ; that 180 of
theso bore names of employees, appearing on an undated-pay roll submitted -by the,Com-
puny ; and that of the cards submitted 198 were dated May 1944, and 1 dated April 1944.
He further reported that the Amalgamated submitted 94 membership cards ; that 74 of
these bore signatures-of persons appearing on the pay roll; and that of the cards submitted
72 were dated 1941, 15 dated 1942, 3 dated March 1944, 2 dated April 1944, 1 dated May
1944, and 1 dated Tune 1944. He also reported that Amalgamated 625 submitted 3 mem-
bership cards. The record discloses that the Company employs approximately 564 em-
ployees in the unit alleged to be appropriate by the Company, the CIO and the Independent
and 3 employees In the unit of schochtim alleged to be appropriate by Amalgamated 625.
While we cannot find that the representation of Amalgamated is substantial, we shall
accord it a place upon the ballot in the voting group hereinafter designated since it has
made some showing of membership and inasmuch as an election is to be'conducted therein
in any event. See Matter of Douglas Aircraft 'Company, Inc., 54 N. L. R. B. 67.
Since the Independent was certified by the Board on February 6, 1943, and was then
recognized by a contract which expired August 11, 1944, as the exclusive bargaining
representative of the employees In the unit sought by the CIO, It was not requested to
submit evidence in support of its claim to represent these employees.
1414' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
alleges to be appropriate the same unit described, above but excluding
therefrom all maintenance employees. The issue thus presented was
decided by the Board in a prior proceeding involving the Company's
Cleveland plant .3 Since the record 'discloses that the Amalgamated -
supports its contention with substantially the same arguments which
it presented and the Board considered in the prior proceeding, and
since the facts relating to the Company's operations have not ,changed
materially since that time, we find no merit in the present contention
of the Amalgamated. Accordingly, we find that all -production Vild,
maintenance employees at'the Company's Cleveland plant, -but ex-
cluding office workers, salesmen, truck drivers, watchmen, schochtiin,
the matron, the bricklayer, 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 meaning of Section-9 (b) of the Act.
In Case No. 8-R-1560, Amalgamated 625 alleges to be appropriate a
unit comprising all schochtim. employed at the Company's Cleveland
plant. The Company apparently contends that the schochtim -are not
"employees" within the meaning-of the Act. Rabbi Philip Rosenberg,
who intervened at the hearing as an individual claiming to represent
the schochtim, contends that the schochtiin should not "be under the
jurisdiction of a labor union."
The record discloses that the 3 schochtim slaughter animals under
the supervision of Rabbi Rosenberg in accordance with Jewish re-
ligious regulations. If the meat produced is acceptable according to
the Jewish religious concept, a certification in the form of a tag signed
by Rabbi Rosenberg is attached, and the Company can then market
the meat as a kosher product. Rabbi Rosenberg and the three schoch-
tim are each paid a salary by the Company, and are given the vacation
and pension privileges afforded the majority of employees. Social
security and income taxes are deducted from their salaries. Hereto-
fore it has been the Company's, practice to, deal with•Rabbi Rosenberg
with respect to conditions surrounding' the,6nriployment of t'e schoch-
'tim. ' The'Company stated that this was due to the fact that the. sala-
bility of its kosher products depends entirely upon Rabbi Rosenberg's
certification appearing thereon. From the foregoing fact it is clear
that the Company controls the working conditions of the schochtim,
and, although the ritual pursuant to which these individuals perform
their duties is'necessarily outside the Company's control; stands in the
position of their employer. - We find, therefore, that the schochtim are
eMatter of Swift ct Company, 41 N. L . It. B. 1251 . There the Board found appropriate
a unit identical , except for the exclusion of sebochtim , to that proposed here by the
CIO.
SWIFT AND COMPANY 1415,
"employees" of the Company within the meaning of, the Act.4 More-
over, their special training, skills, and common interests impel the con-
elusion that they constitute an appropriate unit.5
We find'that all schochtim employed by the Company at its Cleve-
land plant, but excluding all 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-
meaning of Section 9 (b) of'•the 'Act. -'
'V. THE DETERMINATION OF REPRESENTATIVES,
We shall direct that the questions concerning representation which
have arisen be'-resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed,. during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions 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 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 3, . as amended , it is hereby.
DIRECTED that, as , part of 'the investigation to ascertain representa-
tives for the purposes of collective bargaining with Swift & Company,.
Cleveland, Ohio, with respect to the employees employed at the plant
at Cleveland , Ohio, operated by said Company, elections 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 Eighth 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 of the Company in each of the'groups described
below 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 election :
*Matter of New York Butchers Dressed Meat Company , Division of Armour & Company,
56 N. L R. B 1066.
Matter of Cudahy Packing Company, 38 N. L. R. B. 1009.
1416 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(1) All production, and maintenance employees at the Company's
Cleveland plant, but excluding office workers,, salesmen , truck drivers,
watchmen, schochtim, the matron, the bricklayer, and all supervisory
employees with authority to hire, "promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ominend"such action, to- deteribine whether they desire'.to'be-:repre-
sented by the United Packing,House Workers of America, Local 254,
affiliated with the Congress of Industrial Organizations, or by Amal-
gamated Meat Cutters & Butcher Workmen of North America, affili-
ated with the American Federation of Labor, or by Independent Meat
Packers Association, affiliated with the International' Brotherhood of
Swift Employees, for the purposes of collective bargaining, or by none
of these organizations:'
(2) All schochtim employed by the Company at'its Cleveland plant,
but excluding all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect'changes in the status of
'F:einploydes;'-or effectively,k'666mmend,,suc -action, to'determine whether
or not they desire to be represented by Amalgamated Meat Cutters &
Butcher Workmen of North America, Local 625, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining.
'CHAIRMAN -Maass took no, -part in the consideration 'of the above
Decision and Direction of Elections.