Swift & Co. (United Dressed Beef Co., J. J. Harrington, N. Y. Veal & Mutton Co.)

National Labor Relations Board - Board Decisions

Jun 10, 1939

13 N.L.R.B. 210 (N.L.R.B. 1939)

In the Matter of SWIFT & CO. (UNITED DRESSED BEEF Co., J. J.
HARRINGTON, N. Y. VEAL & MUTTON Co.) and COMMITTEE FOR
INDUSTRIAL ORGANIZATION ON BEHALF OF EMPLOYEES OF SWIFT &
Co., ET AL.
Case No. R-1158
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
June 10, 1939
On March 6, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled proceeding. The Direction of Election provided that
an election by secret ballot be conducted within fifteen (15) days
from the date of the Direction, among all production and mainte-
nance employees of United Dressed Beef Company of New York,
New York City, herein called the Company, who were on the pay
roll on December 10, 1938, and continuously and regularly employed
at full time for 37 working days immediately preceding December 10,
1938, including employees who had been on sick leave, temporary leave
of absence, vacation, or temporarily laid off for lack of work during
such 37 working days' period providing they had been continuously
and regularly employed at full time for a period of at least 30
working days immediately preceding such sick leave, temporary
leave of absence, vacation, or temporary lay-off, excluding supervisory
employees, office employees, plant clerks, scalers, truck drivers,
schochtim employees, and excluding also employees who had since
quit or been discharged for cause, to determine whether they wished
to be represented by United Meat Workers Local Industrial Union
No. 635, affiliated with the Committee for Industrial Organization,
or by Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the American Federation of Labor, or by
Employees Council Union, for the purposes of collective bargaining,
or by none of them.
Pursuant to the Direction of Election, an election by secret ballot
was conducted under the direction and supervision of the Regional
Director for the Second Region (New York City), on March 17, 1939.
On March 20, 1939, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
111 N. L R. B. 950
13 N. L. R. B., No. 27.
210
SWIFT & COMPANY 211
lations-Series 1, as amended, issued and duly served upon the parties
her Intermediate Report on the ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote________________________________ 811
Total number of ballots cast_________________________________ 765
Total number of ballots counted____________________________ 742
Total number of ballots in favor of Packing House Workers
Union, Local No. 5, A. F. of L_____________________________ 49
Total number of ballots in favor of C. I. 0__________________ 238
Total number of ballots in favor of Employees Council Union__ 409
Total number of ballots for none of these organizations------- 46
Total number of blank ballots_______________________________ 1
Total number of void ballots_________________________________ 5
Total number of challenged ballots__________________________ 17
On March 24, 1939, the C. I. O. filed with the Regional Director
objections to the Intermediate Report on the ballot. The objections
alleged, in substance, that (1) the Company influenced the results
of the election by paying at the rate of 2 hours' pay to those who voted
off duty; (2) the Company influenced the results by paying at the
rate of one-half hour pay to those who voted during their lunch
period ; (3) the Company influenced the results of the election by
having officials of the Company stand within 100 feet of the voting
place, whose presence was a form of intimidation; (4) intimidation
was carried on inside the plant during the election to such an extent
that the Board's agent caused voting to stop for a period of time,
and representatives of the contending unions from that time on
went from department to department in the plant to prevent further
intimidation ; and (5) other forms of intimidation occurred which
resulted in an unfair election.
The Regional Director reported that : with respect to the first
objection, details of the election were arranged in conferences at
which all parties were represented. Because it was agreed that vot-
ing would take place between the hours of 12 noon and 7 p. in., 27
men who were scheduled to report at 11 p. in. or 12 midnight, were
advised by the Company to report at the plant early in order to
vote during the voting hours. The Company has maintained for
some period a policy of giving employees at least 2 hours' pay on
any occasion outside their regular shift that they are asked to report
at the plant. In accordance with this policy the 27 men received 2
hours' pay for reporting early in order to vote in the election. Even
if it were to be assumed that the Company acted improperly in giving
2 hours' pay to these 27 employees, it does not appear that any par
ticular union benefited by this action or conversely that it preju-
diced any of the unions involved. As to the second objection, the
C. I. O. offered no proof, and the Company denies that such action
212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was taken. Since provision had been made for all employees on
the day shift to vote during their regular working hours, no purpose
could have been served by such action.
With respect to the third objection, Benjamin Gaunt, superintend-
ent of the plant, was present for about 5 minutes on the sidewalk
outside the building where the election was being held, approximately
150 feet from the entrance. Gaunt came over from his office to
inquire of the Board's agent whether he could be of any assistance
to him. A representative of the C. I. O. was present during the
short conversation and offered no objection to Gaunt's presence.
With respect to the fourth objection, at the conference at which
details of the election were arranged, all parties had agreed that
voters on the day shift would be escorted to the polling place by
representatives of the Company. Shortly after the polls were opened,
a representative of the A. F. of L. who had not participated in these
arrangements, objected to the company escorts. The Board's agent
promptly arranged to have the company representatives accompanied
by a representative of each union. As to the fifth objection, the
C. I. O. offered no proof to support its allegations.
The Regional Director has determined that the C. I. O.'s objections
do not raise a substantial and material issue with respect to the con-
duct of the ballot. The Board has considered the objections and the
Regional Director's report. The Board finds that the objections
raise no substantial and material issues with respect to the conduct
of the ballot and they are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
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 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Employees Council Union has been
designated by a majority of the production and maintenance em-
ployees of United Dressed Beef Company of New York, New York
City, exclusive of supervisory employees, office employees, plant
clerks, scalers, truck drivers, and schochtim employees, as their rep-
resentative for the purposes of collective bargaining, and that, pur-
suant to the provisions of Section 9 (a) of the National Labor Re-
lations Act, Employees Council Union is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
Mr. WILLIAM M. LEISERSON took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.