Armour and Co.

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1502 (N.L.R.B. 1944)

In the Matter of ARMOUR AND COMPANY and AMALGAMATED MEAT
CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICAS LOCAL No.
50n A T• _X T
Case No. 17-R-892.-Decided June 16, 1944
Mr. L. W. Satorius, of Sedalia, Mo., for the Company.
Messrs. Leo La Faure and Marvin W. Hook, of St. Louis, Mo.,
for the Union. ^
Mr. Louis Cokin, 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 No. 520; A. F. of L., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Armour and Com-
pany, Sedalia, Missouri, herein called the Company, the National La-
-bor Relations Board provided for an appropriate hearing upon due
notice before Elmer L. Hunt, Trial Examiner. - Said hearing was
held at Sedalia, Missouri,.on May 18, 1944. 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 af-
firmed. 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
I. THE BUSINESS OF THE COMPANY
Armour and Company is an Illinois corporation with its principal
place of business at Chicago, Illinois. We are here 'coricerned.with
The plant at Sedalia, Missouri , where 'it is engaged in processing
56 N. L. R. B., 'No. 268. - '
'1502 • '
ARMOUR AND COMPANY 1503
poultry and kindred products. During the 6-month period preced-
ing the hearing the Company processed products at its Sedalia plant
valued in excess of $50,000, over 50 percent of which was shipped
to points outside the State of Missouri. During the same period the
Company purchased poultry and raw materials for use at its Sedalia
plant' valued in excess of $50,000, over 50 percent of which was shipped
to it from points outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, Local No. 520, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of,the Com-
pany. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company "refuses to recognize the Union as the exclusive collec-
tive bargaining representative of the employees at the Sedalia plant.
A statement of a Field Examiner of the Board, introduced into evi-
dence at • the hearing, indicates that the, Union represents a sub-
stantial 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
We find, in substantial accord with a; stipulation of the parties, that
all production and maintenance employees at the Sedalia, Missouri,
plant of the Company, excluding office employees, plant superintend-
ent, plant foremen, chief engineer, drier foremen, and any other super-
visory 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, a 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
1 The Field Examiner reported that the Union presented 180 membership application
cards . There are approximately 235 employees in the appropriate unit.
'1504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Armour and
Company, Sedalia, Missouri, an election 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
Regional Director for the Seventeenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Artidle
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found apropriate 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 employees
who have since quit or been discharged"for cause and have not been re-
hired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Amalgamated Meat
Cutters and Butcher Workmen of North America, Local No. 520, A. F.
of L., for the purposes, of collective bargaining.,