Iowa Pacific Butter and Egg Co.

National Labor Relations Board - Board Decisions

Jan 30, 1945

60 N.L.R.B. 285 (N.L.R.B. 1945)

In the Matter Of IOWA PACIFIC BUTTER AND EGG COMPANY and UNITED
PACKINGHOUSE WORKERS OF AMERICA, C. I. O.
Case No. 18-R-1170.-Decided January 30,1945
Mr. 0. A. Dittbrenner, of Ottumwa, Iowa, for the Company.
Mr. Russell Bull, of Des Moines, Iowa, for the CIO.
Messrs. Jasper Rose and Joseph Smith, of Davenport, Iowa, for the
AFL.
Miss Frances Lopinsky, 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 CIO, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Iowa Pacific Butter and Egg Company, Ottumwa, Iowa,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clarence A.
Meter, Trial Examiner. Said hearing was held at Ottumwa, Iowa,
on January 10, 1945. The Company, the CIO, and Amalgamated Meat
Cutter and Butcher Workmen of North America, A. F. of L., herein
called the AFL, appeared and participated. All parties 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
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
Iowa Pacific Butter and Egg Company, an Iowa partnership, is
engaged at its plant in Ottumwa, Iowa, in the processing of poultry
60 N. L . It. B., No. 58. 285
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and eggs and the handling of a small amount of butter. The raw
materials used by the Company consist mainly of live poultry and
shell eggs. During the year 1944, the Company purchased raw mate-
rials of a value exceeding one million dollars, less than 1 percent of
which was purchased outside the State of Iowa. During the same
year, the Company sold and delivered dressed poultry and powdered
eggs of a value in excess of one million dollars, approximately 99 per-
cent of which was sold and delivered outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. 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.
Amalgamated Meat Cutter and Butcher Workmen of North Amer-
ica, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to gralit recognition to the CIO as the
exclusive bargaining representative of its employees asserting that
its employees are currently represented by the AFL under a contract
signed March 13, 1944, between the Company and that organization.
The AFL also,asserts the said contract as a bar to a present deter-
mination of representatives. According to its terms, the contract
will expire March 13, 1945. Since the contract will expire very soon
after an election can be held herein, we find that it does not bar this
proceeding.
A statement of a Board agent and a petition submitted by the AFL,
each introduced into evidence at the hearing, indicate that the CIO
and the AFL each represents a substantial number of employees in
the union 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, -
1 The Field Examiner reported that the CIO submitted 67 authorization cards. 61 of
which bore signatures of persons listed on the Company's pay roll of November 23, 1944,
which contained the names of 95 employees in the appropriate unit ; and that the cards
were dated, 66 in November 1944, and I in December 1944.
The AFL submitted 58 authorization cards, all of which bore signatures of persons whose
names were contained in the aforesaid pay roll. The cards were all dated in November
1944 The AFL submitted at the hearing a petition bearing 56 names , all signed January
10, 1945. The petition recites that the signatories are employees of the Company , members
in good standing of the AFL, all of whom authorized the AFL to represent them in collec-
tive bargaining . The petition further recites that the authorization therein supersedes
any authorization to another organization to act in behalf of the signers.
IOWA PACIFIC BUTTER AND EGG COMPANY
IV. THE APPROPRIATE UNIT
287
In accordance with the agreement of the parties, we find that all pro-
duction and maintenance employees of the Company, excluding cler-
ical employees and all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute 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 shall direct that the question concerning the representation
which has arisen be resolved by an election by secret ballot among the
employees in 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.
The Company's business is seasonal. During three spring months,
the Company hires additional employees to take care of the "flush
period" for eggs. During two fall months additional employees are
required to take care of the "flush period" for poultry. About 40
percent of the seasonal employees work during both "flush periods."
None are hired on a temporary basis; all have a reasonable opportunity
to obtain permanent employment with the Company because of a high
turnover among the regular employees of the Company. The CIO
contends that seasonal employees should be allowed to participate in
the election. The Company and the AFL would not have them partici-
pate. It appears, however, that the Company and the AFL consider
as seasonal employees only persons, who have worked less than 30 days
for the Company. After an employee has worked 30 days, he acquires
seniority with the Company and his name is placed on a rehire list,
entitling that employee, according to the practice of the Company, to
be called for reemployment in order of seniority. Inasmuch as em-
ployees who have not worked more than 30 days for the Company
obtain no seniority, and, therefore, enjoy no preference in hiring over
persons who have never worked for the Company, we are of the opinion
that their interest in the working conditions in the Company's plant
is insufficient to warrant their participation in the election. We hold,
however, that employees, although not employed at the time of the elec-
tion, who hold seniority on the Company's hiring lists,' are eligible
to participate in the election hereinafter directed.
2 According to the rules of the Company persons who have not worked for the Company
for 9 months or more lose seniority.
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The AFL requests that it be designated on the ballot as "A. F. L."
Since this designation is insufficient properly to identify the AFL,
the request is hereby denied.
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 At, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
-'hereby
DH ECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Iowa Pacific Butter
and Egg Company, Ottumwa, Iowa, 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 Eighteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Sections 10 and 11, 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, including employees who did not work during
said pay-roll period because they were ill or on vacation, or tempo-
rarily laid off (including employees who hold seniority on the Com-
pany's hiring lists), 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 they desire to be represented by United
Packinghouse Workers, C. I. 0., or by Amalgamated Meat Cutter and
Butcher Workmen of North America, A. F. of L., for the purposes
of collective bargaining, or by neither. -