Union Stockyard and Transit Co. of Chicago

National Labor Relations Board - Board Decisions

Aug 23, 1944

57 N.L.R.B. 1517 (N.L.R.B. 1944)

In the Matter Of UNION STOCKYARD AND TRANSIT COMPANY OF CHICAGO
and UNITED PACKINGHOUSE WORKERS OF AMERICA, CIO
Case No. 13-R-2480.-Decided August ?3,1944
Mr. F. H. Towner, of Chicago, Ill., for the Company.
Messrs. Herbert March, Frank Monaghan, and Miss Virginia Spence,
of Chicago, Ill., for the Union.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, CIO, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Union Stockyard and Transit Company of Chicago, Chicago, Illi-
nois, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Francis
X. Helgesen, Trial Examiner. Said hearing was held at Chicago,
Illinois, on July 21, 1944. The Company and the Union appeared and
participated. All parties 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 an 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
Union Stockyard and Transit Company of Chicago, is an Illinois
corporation, maintaining public stockyards in the city of Chicago,
Illinois. It receives, handles, and cares for livestock on,behalf of the
owner or his representative. During the year 1943, the Company
received 10,545,095 head of stock valued at approximately $550,000,000,
of which in excess of 50 percent was received from sources outside
of the State of Illinois. During the same period, the Company shipped
57 N. L. R. B., No. 244. 1517
1518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
more than 50 percent of the livestock in its care to. points outside the
State of Illinois.
The Company admits, and we find, that it' is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Worker of America, affiliated•'witli the-Con-
gress of industrial Organizations, is a--labor organization admitting'to
membership employees' of the Company.
III. THE QUESTION CONCERNING REPRESENTATION , -
The'Company has refused to grant recognition to-the Union as the
exclusive bargaining representative of the Company's deputised
watchmen until the Union has been 'certified by the Board in an
appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, 'indicates that the Union - represents a
substantial number of employees in the unit hereinafter found
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
The Union seeks a unit composed of all deputized' watchmen em-
ployed by the Company, except the superintendent and those dep-
utized watchmen performing clerical duties. The Company, on the,
other hand, contends that the unit sought is inappropriate on the
ground that deputized or militarized watchmen are not employees.
within the meaning of the National Labor Relations Act.
The Board has repeatedly' rejected contentions similar to the one
raised'by the Company in the instant proceeding concerning deputized
watchmen .2' No evidence warranting a different result has been pre--
sented in this proceeding.,
Accordingly, we find that all full-time deputized watchmen em-
ployed by the Company, excluding full-time deputized watchmen
assigned to clerical duties, the superintendent of watchmen, and all
1 The!Field Examiner reported that the Union ' submitted 19 authorization cards, all
of which bore apparently genuine original signatures ; and the names of 10 persons appear-
ing on the cards were listed on the Company s pay roll of June 12, 1944 , which contained
the names of 22 employees in the appiopriate unit ;,and that the cards were dated as
follows 2-December 1943 ; 2-April 1944 ; and 6-May 1944 The Trial Examiner stated
on the record that the Union , at the hearing, submitted an additional authorization card
dated May 1944 , and signed by an employee whose name is listed on the pay roll above
cited.
2 See Matter of 'Chrysler Corporation , Highland Park Plant, 44 N . L. R ., B. 881 ; - Matter
of Maytag Company, 44 N. L R B. 1265. • '
'
UNION STOCKYARD AND TRANSIT COMPANY 1519
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, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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,Directlon 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 Rela-
tions 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 Union Stockyard
and Transit Company of Chicago, 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 Relation's Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately 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 those employees who have since-quit or been dis-
charged 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, affiliated
with the Congress of Industrial Organizations, for the purposes of col-
lective bargaining.
CHAIRMAN Mn LIS• took no part in the consideration of the above
Decision and Direction of Election.
9 The watchmen ate deputized by the Chicago , Illinois, police department . In the event
that the Board directed an election , the paities agreed to exclude from the unit deputized
watchmen assigned to clerical dirties.