Armour Creameries

National Labor Relations Board - Board Decisions

Jul 2, 1943

51 N.L.R.B. 28 (N.L.R.B. 1943)

In the Matter of ARMOUR AND COMPANY OF DELAWARE , D/B/A ARMOUR
CREAMERIES and CHAUFFEURS , TEAMSTERS , AND HELPERS, LOCAL
No. 759, A. F. OF L. -
Case No. R-5555.-Decided July 2, 1943
Mr. Paul E. Blanchard, of Chicago, Ill., for the Company.
Mr. O. B. Chambers and Mr. Lee Lantz, of Kokomo, Ind., for the
Union.
Mr. Louis Cokivn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Chauffeurs, Teamsters, and Helpers,
Local No. 759, A. F. of L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Armour and Company of Delaware, d/b/a
Armour Creameries, Rochester, Indiana, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert T. Drake, Trial Examiner.
Said hearing was held at Rochester, Indiana, on June 14, 1943. The
Company and the Union appeared at and participated in the hear-
ing.' 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour and Company of Delaware is a Delaware corporation with
its principal offices at Chicago, Illinois. We are here concerned with
'Although Packinghouse Workers Organizing Committee was notified of the instant pro-
ceeding, it did not evidence any interest.
51 N. L. R. B., No. 7.
28
ARMOUR AND COMPANY OF DELAWARE 29
its creamery and dairy products plant at Rochester, Indiana. Dur-
ing 1942 the Company used 43,000,000 pounds of milk, butter fat,
and other dairy products at its Rochester operations, approximately
4,000,000 pounds of which were shipped to it from points outside
the State of Indiana. During the same period the Company shipped
about 12,000,000 pounds of butter, eggs, cheese, and other dairy prod-
ucts from its Rochester plant, 93 percent of which was shipped to
points outside the State of Indiana. The Company admits that it is
engaged in commerce within the meaning of the National Labor
• Relations Act.
II. THE ORGANIZATION INVOLVED
Chauffeurs, Teamsters, and Helpers, Local No. 759, is a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 10, 1943, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the employees
at the Rochester plant. The Company refused this request until such
time as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents a substantial num-
ber of employees 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 (b) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees-
at the Rochester plant of the Company, including janitors and work-
ing foremen, but excluding superintendents, office and clerical em-
ployees, the general manager, assistant general manager, office man-
ager, and assistant superintendents, constitute an appropriate unit.
The only controversy with respect to the unit concerns working fore-
men.
The Company employs five persons classified by it as foreladies,
foremen or assistant foremen. The Union requests that they be in-
cluded in the unit. The Company took no position with respect to the
working foremen. Although the working foremen work along with
the employees whom they supervise, they have the authority to recom-
2 The Regional Director reported that the Union presented 61 membership-application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of May 20 , 1943. There are 70 employees in the appropriate unit.
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mend the hire and discharge of their subordinates . Each of the work
ing foremen has from three to nine employees under him, and in the
absence of his superintendent is in sole charge of his department.
Under the circumstances we shall exclude the working foremen from
the unit.
We find that all production and maintenance employees at the
Rochester plant of the Company, including janitors, but excluding
superintendents , office and clerical employees , the general manager,
assistant general manager, office manager, assistant superintendents,
working foremen , and 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, consti-
tute 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 find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Union requests that the pay roll of May 1, 1943, be used to deter-
mine eligibility to vote. The Company took no position with respect
to the eligibility date. Inasmuch as no reason appears as to why we
should depart from our usual practice, we shall direct that the em-
ployees eligible to vote shall be those within 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.
Robert Woodcox is employed at the Rochester plant as a cream
buyer. Woodcox works for the Company 24 hours each week. The
Union requests that he be deemed eligible to vote in the election,
while the Company contends that inasmuch as Woodcox has regular
employment in another job, he should be deemed ineligible to vote.
There is no indication that Woodcox works on any different basis
than full-time employees as to duties or other conditions of employ-
ment. Employees who do sufficient work to give them an interest in
the conditions of employment also have a sufficient interest in the
outcome to entitle them to vote in an election. We believe this prin-
ciple to be no less applicable in the case of regular part-time employees
who also happen to have regular employment elsewhere, for this
circumstance alone can neither destroy nor reduce the interest which
such employees would otherwise have to participate in the election
of a bargaining representative.3 We, therefore, find that Robert
Woodcox is eligible to vote in the election.
6 See Matter of Wagner Foldnng Box Corporation, 49 N. L. R. B. 346.
ARMOUR AND COMPANY OF DELAWARE 31
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 Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, 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 Com-
pany of Delaware , d/b/a Armour Creameries , Rochester , Indiana,
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
Thirteenth Region , acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 10, of said
Rules and Regulations , among the employees in the unit found ap-
propriate 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 temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-'
selves in person at the polls, but excluding any who have since quit
or been discharged for cause , to determine whether or not they desire
to be represented by Chauffeurs , Teamsters , and Helpers , Local No.
759, A . F. of L ., for the purposes of collective bargaining.