Armour Fertilizer Works

National Labor Relations Board - Board Decisions

May 26, 1943

49 N.L.R.B. 1137 (N.L.R.B. 1943)

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In the Matter of ARMOUR AND COMPANY OF DELAWARE , DOING BUSINESS
AS ARMOUR FERTILIZER WORKS and AMALGAMATED MEAT CUTTERS
AND BUTCHER WORKMEN OF NORTH AMERICA, LocAL 513
Case ,No. R-&95.-Decided May 06, 1943
Mr. Paul E. Blanchard , of Chicago , Ill., for the Company.
Mr. Louis B. Daniels, of Louisville , Ky., for the Union.
Mr. 'A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 513, herein called the
Union, alleging that a question affecting commerce had arisen con-
^cerning the representation of employees 'of Armour and Company
of Delaware, doing business as Armour Fertilizer Works, Birming-
ham, Alabama, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Carl C. Wheaton, Trial Examiner. Said hearing was held
at Birmingham, Alabama, on May 3, 1943. The Company and the
Union appeared, participated, and 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 ruling made
at the hearing are free from prejudicial error and are hereby affirmed.
The Company's motions to dismiss are denied for reasons hereinafter
stated.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour and Company of. Delaware, a Delaware corporation, with
its principal office at Chicago, Illinois, operates numerous fertilizer
1 Incorrectly described In the petition and other formal papers as Armour's 'Fertilizer
Works and corrected by stipulation at the hearing.
- 49 N. L. R. B., No. 166.
.1137
`1138 DEICTSIONS OF, NATIONAL LABOR RELATION'S BOAR
manufacturing plants throughout tbs United States under the trade
name of Armour Fertilizer Works. The only plant involved in this
proceeding is the fertilizer plant located at Birmingham, Alabama.
During the year ending April 1, 1943, the Company purchased for
use at its Birmingham plant approximately 27,016 tons 2 of raw
materials consisting of potash and nitrates of which approximately
26.4 percent was obtained from points outside the State of Alabama.
During the same period, the Company shipped from its Birmingham
plant finish products amounting to approximately 29,105 tons of
which .7 percent was shipped to points outside the State of Alabama.
II. THE ORGANIZATION INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North Amer.
ica, Local''513, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the Com-
pany.
111. '1'II5 QUESTION CONGEBNING REPRESENTATION
On or about March 3, 1943, and -on several occasions subsequent
thereto, the Union requested that the Company, negotiate with it as
collective bargaining representative for the employees of the Com-
pany. The Company declined to negotiate with the Union until.
certified by the Board.'
A statement of the Trial Examiner at the hearing indicates that
the Union represents, a substantial number of employees in the unit
hereinafter found appropriate .3
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 National Labor
Relations Act.' -
2 While the record does not indicate the value of the raw material purchased by the
Company for use at its liirmmaham plant, we take judicial notice of the fact that such
materials have recently sold for approximately $32-33 a ton as recorded in wholesale
Pnces, published by the United States Department of Labor, Bureau of Labor Statistics.
3 The Trial Examiner reported that the Union had submitted 77 signed application for
membership cards, of which 74 were dated in Ma, ch 1943 and 3 undated. that' of the 77
cards, 62 bore the apparently genuine oiigrnal signatures of persons whose names appear
on the Company's pay roll of Mach 4, 1913, containing 99 names within the appropriate
unit. The Trial Examiner further repotted that with respect to a second pay roll dated
May 3, 194,, and submitted by the Company, 20 of the 77 cards bore the apparently genuine
signatures of persons whose names appeal on said pay roll containing 58 names within
the appropriate unit
4 We find, contrary to the contention of the Company, that it is engaged in operations
affecting commerce and subject to the lurisdiotion of the Act See Matter of White Swan
Company and Amalgamated Clothing ll'oilers of Ameiice, Cleaners, Dyers and Laundry
1Vorhers, Local 308, 19 N L. R B 1079, 118 it (2d) `1002 (C C A 4). The mere fact
that the Company's interstate business is less than half of its total business is not con-
trolling in the determination of the Board's jurisdiction See Santa Cruz Co. v. N L R. B.,
303 U S. 463 The fact that a "substantial" portion of the Company=s business is inter-,
state commerce is sufficient for juiisdiction within the meanin_ of the Act. See Matter
of N L. R. B v. Alloy Cast Steel Company, 117 F.-(2d) 302, (C. C. A 6)
ARMOUR AND COMPANY OF DELAWARE 1139,
IV. THE APPROPRIATE UNIT
In accordance with the contention of the Union to which the
Company makes no objections, we find that all production and main-
tenance employees employed at the Company's Birmingham, Alabama,
plant, excluding foremen, watchmen, supervisors, and clerical em-
ployees, constitute an appropriate unit within the meaning of Section
9, (b) of the Act. '
V. TIIE DETERMINATION OF' REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be determined by an election by secret ballot among
the employees in the unit found appropriate in Section IV, above.
The Union requests that eligibility to vote be determined by reference
to the Company's pay roll of March 3, 1943, because of 'a present sea-
sonal fluctuation in the number of persons employed by the Company.
While the record indicates that there have been a number of lay-offs
and replacements of employees since the date of the pay roll
suggested, we see no sufficient reason for departing from our usual
practice and shall direct an election among the employees in the
appropriate unit who were employed during the pay-roll immediately
preceding the date of the Direction of Election herein, subject to the
limitations anti 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 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
Company of Delaware, doing business as. Armor Fertilizer Works,
Birmingham, Alabama, 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 of the Tenth 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 appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
531G47-43-vol. 49 73
1140 DECISIONS OF NAITIONAL LABOR RELATIONS BOARD
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 employees who
have since quit or been discharged for cause,' to determine whether
or not they desire to be represented by Amalgamated Meat Cutters
and Butcher Workmen of North America, Local 513, for the pur-
poses of collective bargaining.
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