Armour and Co.

National Labor Relations Board - Board Decisions

Mar 8, 1945

60 N.L.R.B. 1132 (N.L.R.B. 1945)

In the Matter of ARMOUR AND COMPANY and INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL UNION No. 1, A. F. of L.
Case No. 17-R-1055.-Decided March 8, 1945
Mr. J. C. Moore, of Chicago, Ill., and Mr. C. D: Good, 'of Denver,
Colo., for the Company.
Mr. H. H. Herbolsheimer, of Denver, Colo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTL,ON
STATEMENT OF TILE CASE
Upon petition duly filed by International Union of Operating En-
gineers, Local Union No. 1, A. F. of L., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Armour and Company, Denver, Colo-
rado, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon diie notice before Robert
S. Fousek, Trial Examiner. Said hearing-was held at Denver, Colo-_
rado, on February 16, 1945. The'Company and the Union appeared
at and participated in the hearing.' 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 opportunity to file briefs
with the Board.
Upon the entire record in the case,-the Board snakes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour and Company is an Illinois corporation operating plants in
several States. We are here concerned with its plant at Denver, Colo-
i Although United Packinghouse Workers of America, C . I. 0., was served with Notice of
Hearing, it did not appear.
60 N. L . R. B., No. 190.
1132
ARMOUR AND COMPANY 1133
rado, where it is engaged in slaughtering and processing livestock.
During 1944 the Company received about 88,000,000 pounds of mate-
rials at its Denver plant, approximately 50 percent of which was
shipped to it from points outside the State of Colorado. During the
same period the Company shipped about 90,000,000 pounds of products
from its Denver plant, approximately 50 percent of which was shipped
to points outside the State of Colorado.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local Union No. 1,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
In. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of certain employees at the Denver plant
until such time as the Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found to be 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
The Union urges that all employees connected with the boiler room
and engine room at the Denver plant of the Company, including engi-
neers, firemen, temperature men, oilers, and their respective relief
men, but excluding clerical and supervisory employees, constitute an
appropriate unit. The Company did not take any position with respect
to the unit. Evidence introduced at the hearing indicates that the
employees claimed by the Union constitute a well-defined homogeneous
group.
We find that all employees connected with the boiler room and
engine room at the Denver plant of the Company, including engi-
neers, firemen, temperature men, oilers, and their respective relief
men, but excluding clerical employees, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
-effect changes in the status of employees, or effectively recommend
The Trial Examiner reported that the Union submitted 13 authorization cards. There
.are approximately 17 employees in the appropriate unit
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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
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 file `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 Armour and
Company, Denver, Colorado, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the dire: Lion 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
Article III, Sections 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 tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 Inter-
national Union of Operating Engineers, Local Union No. 1, A. F. of L.,
for the purposes of collective bargaining.