Swift & Co.

National Labor Relations Board - Board Decisions

Jun 14, 1961

131 N.L.R.B. 1143 (N.L.R.B. 1961)

SWIFT & COMPANY 1143
determination of the results of the election. While it will, in all
probability, result in an immediate certification of representatives to
the Petitioner, instead of delaying such certification until after Case
No. 3-CA-1503 has been disposed of, such certification will neverthe-
less rest on a conclusive majority of the ballots.
MEMBER BROWN took no part in the consideration of the above Sup-
plemental Decision and Direction.
Swift & Company and Amalgamated Meat Cutters and Butcher
Workmen of North America, AFL-CIO , Petitioner . Case No.
14-RC-3865. June 14, 1961
SUPPLEMENTAL DECISION AND ORDER
On January 19, 1961, the Board issued a Decision and Direction of
Election in the above-entitled proceeding,' in which it directed a
self-determination election in a voting group of plant clerical em-
ployees at the Employer's National City, Illinois, plant, to determine
whether they wished to be included in the production and maintenance
unit found by the Board to be represented by the Petitioner. The
Board included in the voting group the garage stenographer as a non-
confidential employee.
On February 1, 1961, the Employer filed a motion to reconsider
the Decision and Direction of Election, in which it contended that
the Board should not have, absent the consent of the parties, directed
that an election be held to determine whether the voting group of
plant clerical employees desired inclusion in the production and main-
tenance unit; and, further, -that the Board erroneously included the
garage stenographer in the voting group. On the same day the Peti-
tioner filed a reply, also requesting that the Board reconsider that
portion of its Decision which would have required the plant clerical
employees to be included in the production and maintenance unit and
instead find that the plant clerical employees may constitute a sep-
arate appropriate unit; and further that the Board amend its Direc-
tion of Election by substituting, for the Petitioner's name, the name
of the Petitioner's Local 44, created after the hearing herein for the
purpose of representing the plant clerical employees at the National
City plant.
In view of the foregoing, including the fact that the bargaining his-
tory does not indicate that the plant clerical employees have ever been
included in the production and maintenance unit in this or other plants
of the Employer; the mutual objection of the parties to their inclusion
3129 NLRB 1391. .
131 NLRB No. 146.
1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at this time pursuant to a self-determination election; and the present
agreement of the parties that, if an election is to be held, the plant
clerical employees should be established as a separate appropriate unit,
we find merit z in the Employer's motion to reconsider and the Peti-
tioner's reply. Accordingly,
IT IS HEREBY ORDERED that the aforesaid Decision be, and the same
hereby is, amended by deleting therefrom all references to the estab-
lishment of a voting group for the employees therein found to be plant
clerical employees, and by inserting, prior to the words "Direction of
Election," the following :
We find that all plant clerical employees of the Employer at its
National City, Illinois, meat-processing plant, listed in Appendix
A to this Decision, excluding the chairman, analysis and sugges-
tion committee, and supervisory quality control analysts; time-
study engineers and all other technical employees, Arrow S Credit
Union employees, and supervisors as defined in the Act, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
IT IS HEREBY FURTHER ORDERED that the aforesaid Direction of Elec-
tion be, and the same hereby is, amended by deleting therefrom the
words "voting group" wherever they appear, by inserting in their
stead the word "unit," and by further deleting the last sentence thereof
and substituting the following :
Those eligible shall vote whether or not they desire to be repre-
sented for collective bargaining purposes, by Local 44, Amal-
gamated Meat Cutters and Butcher Workmen of North America,
AFL-CIO.
For reasons stated in the aforesaid Decision and Direction of Elec-
tion, the Employer's request that the garage stenographer be excluded
from the unit as a confidential employee is hereby denied.
MEMBER BROWN took no part in the consideration of the above Sup-
plemental Decision and Order.
2 Republic Steel Corp., Warren District, Niles Plant, 131 NLRB 864.
Lester Brothers, Incorporated and United Brotherhood of Car-
penters and Joiners of America , AFL-CIO. Case No. 5-CA-
1717. June 16, 1961
DECISION AND ORDER
On April 4, 1961, Trial Examiner Alba B. Martin issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
131 NLRB No. 145.