Armour & Co.

National Labor Relations Board - Board Decisions

Mar 14, 1939

11 N.L.R.B. 1138 (N.L.R.B. 1939)

In the Matter of ARMOUR & COMPANY and AMALGAMATED MEAT CUT-
TERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL No. 641
In the Matter of ARMOUR. & COMPANY and INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL No. 1
In the Matter of ARMOUR & COMPANY and UNITED PACKING HOUSE
WORKERS LOCAL INDUSTRIAL UNION No. 300
In the Matter of ARMOUR & COMPANY and UNITED PACKING HOUSE
WORKERS LOCAL INDUSTRIAL UNION No. 300
Cases Nos. C-647, C-648, C--W, and R-710, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 14,1939
On November 29, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision, Order, and Direction of Elec-
tions 1 in the above-entitled proceedings. On January 27, 1939, the
Board issued an Amended Direction of Elections.2 The Amended
Direction of Elections provided that elections be conducted
(1) Among all the packing-house workers of Armour & Company,
Denver, Colorado, herein called the respondent, who were employed
during the pay-roll period immediately preceding the date of the
Amended Direction of Elections, including persons laid off within
sixty (60) days prior to said pay-roll period, but excluding super-
visory and clerical employees, engineers, firemen, and helpers in the
engine and boiler rooms, watchmen and deputized officers, and ex-
cluding those who had since quit or been discharged for cause, to
determine whether they desired to be represented by United Packing
House Workers Local Industrial Union No. 300 or by Amalgamated
Meat Cutters and Butcher Workmen of North American, Local No.
641, for the purposes of collective bargaining, or by neither;
(2) Among the engineers, firemen, and helpers in the engine and
boiler rooms who were employed by the respondent during the pay-
9 N. L . R. B. 1295.
210 N. L R. B. 1437.
11 N. L. R. B., No. 102.
1138
ARMOUR & COMPANY ET AL . 1139
roll period immediately preceding the date of the Amended Direction
of Elections, including persons laid off within sixty (60) days prior
to said pay-roll period, but excluding those who had since quit or
been discharged for cause, to determine whether they desired to be
represented by International Union of Operating Engineers, Local
No. 1 or by United Packing House Workers Local Industrial Union
No. 300, for the purposes of collective bargaining, or by neither.
Pursuant to the Amended Direction of Elections, elections by secret
ballot were conducted on February 8, 1939, at Denver, Colorado,
under the direction and supervision of the Regional Director for the
Twenty-second Region (Denver, Colorado). On February 10, 1939,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, issued and duly served upon the parties his Intermediate
Report on the secret ballot. No objections or exceptions to the
Intermediate Report have been filed by any of the parties.
As to the balloting among the packing-house workers, excluding
supervisory and clerical employees, engineers, firemen, and helpers
in the engine and boiler rooms, and watchmen and deputized officers,
the Regional Director reported as follows :
Total number of employees eligible to vote-------------------- 345
Total number of ballots counted----------------------------- 340
Ballots cast for Amalgamated Meat Cutters and Butcher Work-
men of North America, Local No. 641, affiliated with
A. F. of L------------------------------------------------ 134
Ballots cast for United Packing House Workers Local Industrial
Union No. 300, affiliated with C. I. 0----------------------- 205
Ballots cast for neither Amalgamated Meat Cutters and Butcher
Workmen of North America, LocaF No. 641, nor United Pack-
ing House Workers Local Industrial Union No. 300---------- 1
Blank ballots----------------------------------------------- o
Void ballots------------------------------------------------ 0
Challenged ballots------------------------------------------ 25
As to the balloting among the engineers, firemen, and helpers in
the engine and boiler rooms, the Regional Director reported as follows:
Total number of employees eligible to vote--------------------- 17
Total number of ballots counted------------------------------ 17
Ballots cast for International Union of Operating Engineers,
Local No. 1, affiliated with A. F. of L----------------------- 7
Ballots cast for United Packing House Workers Local Industrial
Union No. 300; affiliated with C. I. 0------------------------ 0
Ballots cast for neither International Union of Operating En-
gineers, Local No. 1, nor United Packing House Workers
Local Industrial Union No. 300--------------------------- 10
Blank ballots----------------------------------------------- 0
Void ballots------------------------------------------------ 0
Challenged ballots------------------------------------------ 2
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Inasmuch as the outcome of the elections would not be affected by
the challenged ballots, we find it unnecessary to rule upon the
challenges.
Since a majority of the engineers, firemen, and helpers in the
engine and boiler rooms, have indicated that they do not desire to be
represented by either of the named labor organizations, we shall not
at this time certify any bargaining representative for them.
Upon the basis of the entire record, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all the packing-house workers of the respondent,
excluding supervisory and clerical employees, engineers, firemen, and
helpers in the engine and boiler rooms, and watchmen and deputized
officers, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the re-
spondent the full benefit of their eight to self-organization and
collective bargaining and otherwise effectuate the policies of the Act.
We find that the United has been designated and selected by a
majority of the employees in the above-described unit as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive representative of all employees in such unit for the
purposes of collective bargaining and we will so certify.
Upon the basis of the above supplemental findings of fact and upon
the entire record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The packing-house workers of the respondent, excluding super-
visory and clerical employees, engineers, firemen, and helpers in the
engine and boiler rooms, and watchmen and deputized officers, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
2. United Packing House Workers Local Industrial Union No. 300
is the exclusive representative of all of the employees in such unit
for the purposes of collective bargaining,' within the meaning of
Section 9 (a) of the National Labor Relations Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
ARMOUR & COMPANY ET AL. 1141
IT IS HEREBY CERTIFIED that United Packing House Workers Local
Industrial Union No. 300 has been designated and selected by a
majority of the packing-house workers of Armour & Company, Den-
ver, Colorado, excluding supervisory and clerical employees, engineers,
firemen, and helpers in the engine and boiler rooms, and watchmen
and deputized officers, as their representative for the purposes of col-
lective bargaining and that, pursuant to the provisions of Section
9 (c) of the National Labor Relations Act, United Packing House
Workers Local Industrial Union No. 300 is the exclusive representa-
tive of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other
conditions of employment.
164275-39-vol. xi-73