Pfaelzer Brothers

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1495 (N.L.R.B. 1944)

In the Matter Of PFAELZER BROTHERS , A CO-PARTNERSHIP COMPOSED OF
ELLARD, MONROE, AND LEONARD PFAELZER and AMALGAMATED MEAT
CUTTERS & BUTCHER WORKMEN OF,NORTH AMERICA, A. F. L.
Case No. 13-R,0301.-Decided June 16, 1944
Poppenhuseen, Johnston, Thompson & Raymond, by Mr. Abraham
Greenspahn, of Chicago, Ill., for the,Company.
Messrs. Ben Dorsey and Joseph S. Sullivan, of Chicago, Ill., for
the A. F. L. '
Mr. Joseph Kinch, of Chicago, Ill., for the C. 1. 0.
Mr. Joseph Lepie, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Meat Cutters & Butcher
Workmen of North America, A. F. L., herein called the A. F. L.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Pfaelzer Brothers, Chicago, Illinois,
a co-partnership composed of Ellard, Monroe, and Leonard Pfaelzer,
herein called the Company; the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Russell
Packard, Trial Examiner. Said hearing was held at Chicago, Illi-
nois, on May 5, 1944. At the commencement, of the hearing the Trial
Examiner granted a motion,to intervene made by United Packing-
house Workers of America, C. I. 0., herein called the C. I. O. The
Company, the A. F. L., and the C. I. O. 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. -
56 N. L . R. B., No. 266. '
1495
1496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Ellard, Monroe, and Leonard Pfaelzer, co-partners, doing business
as Pfaelzer Brothers, are engaged in Chicago, Illinois, in the wholesale
meat, poultry, and provision business. During the year 1943, the
Company purchased raw materials and supplies in excess of $100,000
in value, of which 20 percent-was shipped to the Company from' points
outside the State of Illinois. During the same period, the Company's
sales exceeded $100,000 in value, of which 90 percent was shipped to
points outside the State of Illinois. ,
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Meat Cutters & Butcher Workmen of North America,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
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
It was stipulated that in the early part of 1944 the A. F. L. requested
recognition from the Company as-the exclusive bargaining representa-
tive of certain of its employees and the Company refused to accord
such recognition until the A. F. of L. was certified by the•Board in an
appropriate unit.
A statement of a Board agent,. introduced into evidence at the hear-
ing, indicates that the A. F. of L. represents a substantial number of
employees in the unit 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 A. F. L., the C. I. 0., and- the Company agree that all produc-
tion and maintenance employees , including' janitors, but excluding
non-working foremen with the right to hire and discharge, office and
'The Field Examiner reported that the A F. L. submitted 29 authorization cards ; and
that the names of 29 persons appearing on the cards were listed on the Company's pay roll
of iliarch 31, 1944 , which contained the names of 84 employees in the appropriate unit.
The C. I. O. submitted 29 cards. The names of 25, persons appearing on the cards were
listed on they aforsaid pay roll
PFAELZER BROTHERS 1497
clerical employees, outside salesmen, and truck drivers, constitute an
appropriate unit. The parties are in disagreement, however, with
respect to the following classifications of employees.,
Part-time employees: The A. F. L. asks that the part-time em-
ployees be included in the unit; the Company urges their exclusion, and
the C. I. 0. would include only those part-time employees working 32
hours a week. All such employees average from 15 to 17 hours work a
week, although some have worked as much as 29 hours during the course
of a week. Both unions admit such employees to membership and there
are 21 employees in this category, representing approximately one-
fourth of the Company's total' personnel. While it is true that their
term of employment may be limited to the duration of the present war,
this does not warrant their exclusionf despite the Company's contrary
assertion.2 We are also of the opinion that neither the fact that cer-
tain of these employees aie employed full-time'elsewhere, nor the fact
that others attend school, militates against their inclusion.3 A sub-
stantial number of the present part-time workers have been in the
Company's employ since September 1943, thus indicating that the rela-
tionship between the Company and all-such employees is more or less
of a permanent nature. Part-time employees are assigned to regular
permanent work throughout 'the factory and receive the usual rates
for such jobs. It appears that these workers have a substantial in-
terest in the conditions of employment existing among the mass of the
Company's employees and we shall include them in the unit.
Working f oremnen: The ' A. F. L. and the, Company request that these
employees be included in the unit, while the C. I. 0. would exclude
them. The working foremen are in. charge of the various departments
in the plant and they supervise the work of the employees under them.
Until recently half of their time was spent in supervisory' duties, but
because of the current scarcity of labor they now spend only 10 to 20
percent of their work day in supervisory functions and they do manual
work the remainder 'of the time. They are paid a weekly salary,
whereas the employees under them are paid on an hourly basis. Al-
though-the right to hire and discharge is centralized in the personnel
manager, the working foremen have the power effectively to, recom-
mend changes in' the status of employees. We find that the working
foremen, with the exception of the two in the grocery and provision
departments,' are supervisory employees and we shall therefore exclude
them from the unit.
`We find that all production and maintenance employees, including
janitors, regular part-time employees, and the two working foremen
2 Matter of Emerson Radio & Phonograph Co., 53 N. L. It. B 1359.
, Matter of Automatic Instrument Co., 54 N. L. R. B. 472; Matter of Max Kaplan and
Jacob Kaplan, 46 N L. It. B. 1057.' 1
4 Of the six working foremen, the two in the grocery and provision departments have
had no emplo3ees under their supervision for a year and will not have as long as there
is a labor shortage
1498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the grocery and provision departments, :but excluding office and
clerical employees, outside salesmen, truck drivers, the remaining
working foremen, 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, con-
stitute 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 representation which
has arisen be resolved by an 'election by secret ballot among the em-
ployees 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.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and' Regulations-Series 3, it is hereby
DIRECTED that, as part of 'the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pfaelzer Brothers,
Chicago, Illinois, a co-partnership composed of Ellard, Monroe, and
Leonard Pfaelzer, 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,
Sections 10 and 11, of said Rules-and Regulations, among the em-
ployees 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 the 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 and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire, to be, represented by
Amalgamated Meat Cutters & Butcher Workmen of North America,
affiliated with the American Federation of Labor, or by United
Packinghouse Workers of America, affiliated with the Congress of
Industrial Organizations, for, the purposes of collective bargaining,'
or by neither., , -