Armour and Co.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 221 (N.L.R.B. 1946)

In the Matter of ARMouR FERTILIZER WORKS, A DIVISION OF ARMOUR
AND COMPANY and UNITED STEELWORKERS OF AMERICA, CIO
Case No.13-R-3269.Decided February 28,1946
Mr. J. C. Moore , of Chicago , Ill., and Mr. F. D. Coffee, of Chicago
Heights, Chicago , Ill., for the Company.
Mrs. S. E . Perish, of Harvey , Ill., for the petitioner.
Messrs. John L. Beano and Sam ZVantling , of Chicago , Ill., for
the U. M. W. A., District 50.
Mr. Henry B . Gidney , of Chicago , Ill., for the U. G., C. & C. W.,
C. I. O.
Mr. Harry W . Clayton, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition filed by United Steelworkers of America, C. I. 0.,
herein called the Steelworkers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Armour Fertilizer Works, a Division of Armour and Company,
Chicago Heights, Illinois, herein called the Company,' the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Robert T. Drake, Trial Examiner. The hearing
was held at Chicago, Illinois, on November 6, 1945. The Company,
the Steelworkers, United Mine Workers of America, District 50,
herein called District 50, and United Gas, Coke & Chemical Workers,
C. I. 0., herein called Chemical Workers,2 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
a The petition and other formal papers were amended at the hearing to show the correct
name of the Company.
2 The Chemical Workers filed a waiver subsequent to the hearing in which it stated
that it waived the right to protest any election held in this proceeding on any ground
set forth in Case No. 13-C-2710.
66 N. L. R. B., No. 19.
221
222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour and Company, incorporated in Illinois in 1900, has its
general office and principal' place of business in Chicago, Illinois.
The Company owns and operates a commercial fertilizer and sul-
phuric processing plant known as Armour Fertilizer Works at
Chicago Heights, Illinois, which is the only plant involved in this
proceeding. More than 75 percent of the raw materials and proc-
essed materials used in manufacture at the Chicago Heights plant
is purchased and shipped to the Company from points outside the
State of Illinois. More than 50 percent of the finished products
produced by this plant is shipped to points outside the State of
Illinois. Finished products of the plant annually exceed $1,000,000
in value.
The Company admits that it is engaged in 'commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
United Mine Workers of America, District 50, is a labor organiza-
tion admitting to membership employees of the Company.
United Gas, Coke & Chemical Workers is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 18, 1945, the petitioner informed the Company, that
it represented a majority of the employees at its Chicago Heights
plant and asked the Company for recognition as bargaining repre-
sentative of those employees . The Company denied the request.
A statement of a Board agent , introduced into evidence at the
hearing , indicates that the Steelworkers and the Chemical Workers
each represents a substantial number of employees in the unit here-
inafter found appropriate :3
;The Field Examiner reported that the Steelworkers submitted 81 cards . At the bear-
ing the Chemical Workers submitted 45 cards to the Trial Examiner . District 50 claimed
an Interest by reason of its contract which expired November 17, 1945.
There are approximately 148 employees in the appropriate unit.
ARMOUR FERTILIZER WORKS 223
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
Substantially in accordance with an agreement of the parties at
the hearing, we find that all maintenance and production employees,
including the laboratory sampler and the storekeeper, but excluding
timekeepers, plant-protection employees, the laboratory assistant, the
assistant chemist, chemists, office clerical and salaried employees,
superintendents, foremen, assistant foremen, and all or any 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.
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 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 the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Articles 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 Fertilizer
Works, a Division of Armour and Company, Chicago Heights,
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 Direc-
tor for the Thirteenth 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 employees in the
unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 discharged for cause and have
not been rehired or reinstated prior to the date of the election, to
determine whether they desire to be represented by United Steel-
workers of America, affiliated with the Congress of Industrial Organi-
zations, or by United Mine Workers of America, District 50, or by
United Gas, Coke & Chemical Workers, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining,
or by none.
MR. GERARD D. REU.LY took no part in the consideration of the
above Decision and Direction of Election.