Armour & Co.

National Labor Relations Board - Board Decisions

Feb 13, 1946

65 N.L.R.B. 1019 (N.L.R.B. 1946)

In the Matter of ARMOUR. & COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, C. I. O.
Case No. 16-R-1508.-Decided February 13, 1946
Messrs. T. J. Dee and H. H. Danielson , both of Oklahoma City,
Okla., for the Company.
Mr. A. J. Pittman, of Fort Worth, Tex., and Mr. Buck Whittaker,
of Oklahoma City, Okla., for the Union.
Mr. Charles B. Slaughter , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Armour & Company, Oklahoma City, Oklahoma, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Glenn L. Moller,
Trial Examiner. The hearing was held at Oklahoma City, Oklahoma,
on October 29, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an 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 & Company is an Illinois corporation operating plants in
several States. We are here concerned with its plant at Oklahoma
City, Oklahoma, where it is engaged in slaughtering and processing
livestock. During 1944 the Company received 250,000,000 pounds
of materials at its Oklahoma City plant, approximately 15 percent of
65 N. L. R. B., No. 181.
1019
1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which was shipped to said plant from points outside the State of
Oklahoma. During the same period, the Company shipped about
195,000,000 pounds of products from its Oklahoma City plant, 55 per-
cent of which was shipped to points outside the State of Oklahoma.
The Company's business at the aforesaid plant for the year 1945 has
been substantially the same as for the year 1944.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Packinghouse Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 22, 1945, the Union wrote to the Company
requesting recognition as exclusive bargaining representative of the
firemen at the Company's Oklahoma City plant. On or about Octo-
ber 3, 1945, the Company replied, refusing to grant such recognition
in the absence of Board certification.
A Statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the voting group hereinafter found 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 ; THE DETERMINATION OF REPRESENTATIVES
The Union seeks an election among all employees in the Company's
fire department at its Oklahoma City plant, and requests that if a
majority of those voting in the election express a desire to be repre-
sented by the Union, they be incorporated into the previously estab-
lished production and maintenance unit, for which the Union is pres-
ently the bargaining agent. The Company objects to the incorpora-
tion of the firemen into the production and maintenance unit on the
basis of the Board's previous Decision and Direction of Election
wherein firemen were not included among the production and main-
tenance employees.2
'A Field Examiner reported that the Union submitted four application cards and that
there are approximately four employees in the voting group. The cards were dated in
September 1945.
x 42 N. L R. B 169. It is noted that, in excluding firemen from the production and'
maintenance unit, the Board simply followed the wording of the Union's petition. The
inclusion , or,exclusion , of firemen was not an issue.
ARMOUR & COMPANY 1021
The Company employs four firemen. They are under the super-
vision of the chief of police, who also acts as fire chief. There is one
fireman on each of the three shifts, the fourth fireman acting as relief
man. They are responsible for the maintenance and repair of the
automatic sprinkler system and other items of fire fighting equip-
ment. On occasion they flush out the underground sewers when they
become clogged, and in the event of a fire they direct firemen to the
nearest fire hydrant or water outlet. Their work is not monitorial
in character. Like production and maintenance employees they are
hourly paid. We find nothing in the duties, functions, and interests
of firemen indicating either the necessity or desirability of setting
them apart in a unit separate from the production and maintenance
employees.3 The evidence discloses in fact a close Junctional rela-
tionship between firemen and maintenance employees. We are of
the opinion that these firemen may function as a part of the larger
unit previously deemed appropriate.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the firemen,
employed at the Company's Oklahoma City plant, excluding the chief
of police-fire chief and any other supervisory employees with the au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, 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. In the event
these employees select the Union as their collective bargaining repre-
sentative that organization may bargain for them together with the
production and maintenance unit which it currently represents.
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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour & Com-
pany, Oklahoma City, Oklahoma, 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 Director"for the Sixteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
8In the Matter of Wilson cE Co., 61 N. L. R. B . 617, firemen were found to constitute a
"separate appropriate unit." However, the finding in'the instant case is not inconsistent
therewith because in that case firemen had , inter alia, monitorial duties.
1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to Article III, Sections 10 and 11, of said Rules and Regulations,
among all firemen at the Company's Oklahoma City plant, excluding
the chief of police-fire chief, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, 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 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 or not they desire to be represented
by United Packinghouse Workers of America, C. I. 0., for the pur-
poses of collective bargaining.