Swift and Co.

National Labor Relations Board - Board Decisions

Jan 16, 1943

46 N.L.R.B. 1171 (N.L.R.B. 1943)

In the Matter of SWIFT AND COMPANY and PACKINGHOUSE WORKERS
ORGANTZING Coi\IMITTEE, LOCAL No. 167, C. I. O.
Case No. R-4630.-Decided January 16, 1943
Jurisdiction : meat packing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord recognition because of alleged existing contract ; contract held no
,bar when negotiations for new contract were pending, contract was about
to expire, and petitioner had filed timely petition ; probationary employees held
ineligible to vote when under the circumstances they had insufficient expec-
tancy of regular employment; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one plant of Company, with specified inclusions and exclusions;
agreement as to.
Mr.•John P. Staley and J. Wesley Blades, of Chicago, Ill., for the
,Company.
Mr. Ralph L. Helstein, of Chicago, Ill., for the P. W. O. C.
Mr. Harold LeVander, of South St. Paul, Minn., for the Inde-
pendent.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Packinghouse Workers Organizing
(Committee, Local No. 167, affiliated with the C. I. 0., herein called
the P. W. O. C., alleging that a question affecting commerce had arisen
concerning the representation of employees of Swift and Company,
South St. Paul,. Minnesota, herein called the Company, the National
-Labor Relations Board provided for an appropriate hearing upon due
-notice before Harry Brownstein, Trial Examiner. Said hearing was
held at Minneapolis, Minnesota, on December 4, 1942. The Company,
the P. W. O. C., and Packinghouse Industrial Union No. 11, herein
called the Independent, appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
:hereby affirmed. The Company, the P. W. O. C., and the Independent
-filed briefs, which the Board has considered.
46 N. L R . B., No. 140
1171
1,172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Swift and Company is an Illinois corporation, having many plants
and branches throughout the United States. The only plant involved
in this proceeding is located at South St. Paul, Minnesota, where the
Company is engaged in the purchase and slaughter of cattle, sheep,
and hogs, the processing of meat and cheese, and the handling of
butter and eggs. For the fiscal year ending October 30, 1942, the
Company purchased raw materials amounting to approximately
$49,000,000 in value, of which about 15 percent was purchased outside
'of the State of Minnesota. For the same period the Company's total
sales amounted to approximately $52,000,000, of which 85' percent was
sold outside the State of Minnesota.
II. THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee, Local, No. 167, af-
filiated with the Congress of 'Industrial Organizations, and Packing-
house, Industrial Union No. '11, affiliated with the International
Brotherhood of Swift Employees, are labor organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 20, 1942, the P. W. O. C. requested recognition from the
Company for the purposes of collective bargaining, but the Company
refused the request because of the existence of a contract with the
Independent.
The Company and the Independent contend that the contract which
they entered into on February 17, 1942, is a bar to a present determina-
tion of representatives. This contract by its terms was to remain in
effect for a period of 1 year, and thereafter for an indefinite period
subject to termination upon 30 days' notice. Wage negotiations, how-
ever, could be opened at any time after giving a 30-day notice. In
April 1942,, the Independent and the Company, pursuant to 30-day
notice, entered into negotiations concerning wage increases. Interna-
tional Brotherhood of Swift Employees, herein called the Brother-
hood, of which the Independent later became an affiliate, joined in
these negotiations, and endeavored to enter into, a single contract
which would cover all plants operated by Swift and Company at
which the Brotherhood, or an affiliate thereof, was the bargaining
SWIFT AND COMPANY 1173
representative. These negotiations were carried on between ' the
.Brotherhood and the Company for some time and, the matter is now
pending before the National War Labor Board. It appears from the
,evidence that the proposed new contract would supersede the local
,contract between the Company and the Independent. Since the Coin-
pany and the Independent have entered into negotiations for a new
-contract and since the present contract will shortly expire, . we find
that it is not a bar to an investigation and certification of repre-
sentatives.
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the P. W. 0. C. 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 parties agree, and .we find, that all production and maintenance
,employees of the, Company at its South St. Paul plant, including
plant truck drivers, but excluding superintendent, assistant superin-
tendents,,division superintendents, general foremen, foremen, assistant
foremen, plant' protection employees (policemen, watchmen, and fire-
-men), standards department employees, time office employees, steady-
time plant clerks, hostess, head,cook, chemists, all general office eln,
ployees, bricklayers, plant administrative employees, office cafeteria
,employees, steady-time scalers, and branch-house truck drivers, 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 find that the question' concerning representation which has
arisen can best be resolved by an election by secret ballot. A problem
arises, however, in the case of the probationary or temporary em-
ployees. The parties have agreed that only employees who have been
in the employ of the Company for a period of 90 days at the date of
I The Field Examiner's statement shows that the P. W. 0 C submitted 1726 membership
cards, all of which appear to bear apparently genuine original signatures. Fourteen hun-
dred and seventy-one of the cards bear names of persons listed on the Company's ply roll
of December 3, 1942; the pay roll contained 4009 names . These cards were dated as follows :
19 in 1941; 95 in January, February, and March 1942, 247 in April,-May and June 1942;
'942 in July, August, and September 1942; 396 in October and November 1942; 23 in Decem-
ber 1942; and 4 undated. -
The Independent submitted no evidence of representation , apparently relying upon its
,contract to establish its interest.
1174 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
the Direction of Election should be eligible to vote. While there is
no distinction between the rates of pay or the conditions of employment
between these employees and the regular employees, nevertheless, ap-
proximately 90 percent of the temporary or probationary employees
-never attain the status of regular employees. The record shows that.
the average length of service for them is about' 3 or 4 weeks. Since.
a substantial majority of the temporary or probationary employees
work only a few weeks and do not attain the status of regular em-
ployees, we find that these employees do not have a sufficient interest,
in the selection of a bargaining representative to entitle them to vote
in the election.2
We shall direct that the employees of the Company eligible to vote
in the election shall be all those in the appropriate unit who were em-
ployed 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 Relations 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 purpose of collective bargaining with Swift and Coin-
pany, South St. Paul, Minnesota, 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 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, 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 all
temporary or probationary employees and employees who have since
quit or been discharged for cause, to determine whether they desire to,
be represented by Packinghouse Workers Organizing Committee,
2 Cf Matter of Iowa Packing Company and Packinghouse Workers Oiganizmg Coonmdttee,
on behalf of the United Packinghouse Woo leers of America, Local No 89, affiliated with the
C I O , 45 N L R B 733, wherein we found pi obationary employees were entitled to
vote upon a showing that neatly all of them completed their 90-day probationary period.'
and became regular employees.
SWIFT AND COMPANY 1175
Local No. 167, affiliated with the C. I. 0., or by Packinghouse Indus-
trial Union No. 11, affiliated with the International Brotherhood of
Swift Employees, for the purpose of collective bargaining, or by,
neither.
CHAIRMAN MILL IS took no part in the, consideration of the above
Decision and Direction of Election.