Armour and Co.

National Labor Relations Board - Board Decisions

Oct 3, 1939

15 N.L.R.B. 827 (N.L.R.B. 1939)

In the Matter of ARMOUR AND COMPANY and UNITED PACKING HOUSE
WORKERS INDUSTRIAL UNION LOCAL 153, AFFILIATED WITH C. I. O.
In the Matter of ARMOUR AND COMPANY and UNITED PACKING HOUSE
WORKERS LOCAL INDUSTRIAL UNION No. 153 THROUGH PACKING
HOUSE WORKERS ORGANIZING COMMITTEE AFFILIATED WITH C. I. O.
Cases Nos. C-661 and R-1309, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 3, 1939
On August 15, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision, Order, and Direction of Elec-
tion 1 in the above-entitled cases. On August 19, 1939, the Board
issued an Amendment to Direction of Election.2 The Direction of
Election, as amended, provided that an election by secret ballot be
conducted within fifteen (15) days from the date of the Amendment
to Direction of Election among the hourly paid and piece-work
production and maintenance employees of Armour and Company,
Omaha, Nebraska, herein called the respondent, who were employed
by it at the Omaha plant during the pay-roll period immediately pre-
ceding the date of the Amendment to Direction of Election, includ-
ing employees who did not work during such a pay-roll period be-
cause they were ill or on vacation and employees who were laid off
within sixty (60) days prior to said pay-roll period, but excluding
foremen, foreladies, and assistant foremen, gang leaders, all other
employees in a supervisory capacity, clerical and office workers,
scalers, checkers, yardmasters, students, policemen and watchmen,
firemen, restaurant employees, car-line employees, workers in the
employees' and wholesale markets, truck drivers, general office garage
employees, employees in country trucking, and also excluding those
114 N. L. R. B. 682.
2 14 N. L. R. B. 703.
15 N. L. R. B., No. 93.
827
828 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees who have since quit or been discharged for cause, to de-
termine whether or not they desired to be represented by Local Union
No. 8, United Packinghouse Workers of America, of the Packing-
house Workers Organizing Committee, affiliated with the Congress of
Industrial Organizations, herein called the United for the purposes of
collective bargaining.
On August 28, 1939, the International Association of Machinists,
herein called the I. A. M., which had not been served with notice of
hearing in the case and had not participated therein, filed a petition
for intervention, alleging that the machinists, machine erectors, and
maintenance employees constituted an appropriate unit; that such
employees had been members of the I. A. M. for many years and
desired to be represented by it; and that such employees should not
be included in one unit with the other employees named in the Direc-
tion of Election. On August 29, 1937, 'the Board notified the Acting
Regional Director for the Seventeenth Region that the Board would
not pass upon the petition of the I. A. M. until further proceedings,
but that the employees in the unit claimed by the I. A. M. should be
given opportunity to vote for the I. A. M. if they so desired and
that the ballots cast by such employees should be segregated and not
counted until after a determination by the Board relative to the
petition of the I. A. M.
On August 30, 1939, prior to the election, the I. A. M. informed the
Acting Regional Director that it waived all claim to represent any
machinery erection and maintenance employees other than those
classified as machinists.
Pursuant to the Direction of Election, as amended, and the sup-
plemental instructions to the Acting Regional Director, an election
by secret ballot was conducted on August 30, 1939, under the direc-
tion and supervision of the Acting Regional Director. Prior to the
time the six machinists employed by the Company cast their ballots
each was handed written instructions which stated that, if he so de-
sired, he could write in on his ballot the selection of International
Association of Machinists, Lodge No. 31, as his choice as bargaining
representative. The instructions also outlined the manner in which
a machinist could designate the United or cast a ballot for neither
organization.
On September 1, 1939, the Regional Director, acting pursuant to
Article III, Section 7, of National Labor Relations Board Rules and
Regulations-Series 2, issued and served upon the parties-an Election
Report. No objections to the Election Report have been filed' by any
party.
ARMOUR AND COMPANY 829
As to the results of the secret ballot, the Regional Director re-
ported as follows :
Total number eligible ( excluding machinists ) ------------------- 1, 457
Total number eligible among machinists________________________ 6
Total number of ballots in favor of Local Union No. 8----------- 748
Total number of ballots against Local Union No. 8-------------- 509
Number of challenged ballots__________________________________ 53
Number of blank ballots______________________________________ 3
Number of void ballots________________________________________ 0
Total number of ballots cast '(excluding machinists ) ------------ 1,313
Total number of ballots cast by machinists_____________________ 6
Total number of ballots cast___________________________________ 1, 319
We are unable at this time to decide the issues raised by the peti-
tion of the I. A. M. for intervention, but shall direct that an addi-
tional hearing be held at which the parties may adduce evidence
with regard to whether the machinists should be established as a
separate unit or included in the larger unit. We do not think, how-
ever, that the Board should withhold the benefits of collective bar-
gaining from the other employees pending a determination of this
issue. We shall, therefore, issue a certification applicable to the
employees other than the machinists. When the Board has made a
final determination as to the machinists, it will, if it finds that such
employees either constitute a separate appropriate unit or should be
included in one unit with the other employees, issue another certifi-
cation embodying that finding.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In order to insure to employees of the respondent the full benefit of
their right to self-organization and to collective bargaining, and
otherwise to effectuate the policies of the Act, and subject to our fur-
ther decision regarding the machinists, we find that hourly paid and
piece-work production and maintenance employees of the respondent
at its Omaha plant, excluding foremen, foreladies, and assistant fore-
men, gang leaders, all other employees in a supervisory capacity, cleri-
cal and' office workers, scalers, checkers, yardmasters, students, police-
men and watchmen, firemen, restaurant employees, car-line employees,
workers in the employees' and wholesale markets, truck drivers, gen-
eral office garage employees, employees in country trucking,. and
machinists, constitute a unit appropriate for the purposes of collective
bargaining.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SUPPLEMENTAL CONCLUSIONS OF LAW
The hourly paid and piece-work production and maintenance em-
ployees of the respondent at its Omaha plant, excluding foremen,
foreladies, and assistant foremen, gang leaders, all other employees
in a supervisory capacity, clerical and. office workers, scalers, checkers,
yardmasters, students, policemen and watchmen, firemen, restaurant
employees, car-line employees, workers in the employees' and whole-
sale markets, truck drivers, general, office garage employees, employees
in country trucking, and machinists, constitute a unit appropriate for
the purposes of collective bargaining.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that Local Union No. 8, United Packing-
house Workers of America, of the Packinghouse Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of the hourly paid
and piece-work production and maintenance employees of Armour
and Company, Omaha, Nebraska, excluding foremen, foreladies, and
assistant foremen, gang leaders, all other employees in a supervisory
capacity, clerical and office workers, scalers, checkers, yardmasters,
students, policemen and watchmen, firemen, restaurant employees,
car-line employees, workers in the employees' and wholesale markets,
truck drivers, general office garage employees, employees in country
trucking, and machinists, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
Local Union No. 8, United Packinghouse Workers of America, of the
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.