Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Mar 19, 1943

48 N.L.R.B. 287 (N.L.R.B. 1943)

In the Matter of WILSON & CO., INC. and UNITED PACIKIN6 HOUSE
WORKERS OF AMERICA P. W. O. C. LOCAL 200, CIO
Case No. R-4.923.-lecided March 19, 119.0
Jurisdiction : meat packing industry
Investigation and Certification of -Representatives : existence of question : fail-
ure to answer union's request for recognition ; alleged contract which expired
prior to the issuance of the decision, held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : determination of single or separate
units held dependent upon results of election among (1) teamsters, chauf-
feurs, and drivers ; (2) ' remaining employees.
Mr. Richard C. Winkler, of Chicago , Ill., for the Company.
.Mr. Charles J. Katz, of Los Angeles, Calif ., for the P. W. O. C.
Mr. John C. Stevenson, of Los Angeles , Calif., for the Amalgam-
ated and the Drivers.
Mr. S. Arlon Lewis, Jr., of Los Angeles , Calif., for the Committee.
Miss Viola James , of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by United Packing House Workers of
America P. W. O. C. Local 200, affiliated with the Congress of Indus-
trial Organizations, herein called the P. W. O. C., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Wilson & Co., Inc., Los Angeles, California, herein
called the Company, the National Labor Relations Board, provided
for an appropriate hearing upon due notice before George H.
O'Brien, Trial Examiner. Said hearing was held at Los Angeles,
California, on February 15 and 16, 1943. The Company, the P. W.
O. C., Butchers Union Local No. 563, Amalgamated Meat Cutters &
Butcher Workmen of North America, and Meat & Provision Drivers
Union, "Local No. 626, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers, both affiliated ,with the
American Federation of Labor, herein called the Amalgamated and
48 N. L. `R. B., No. 39.
287
288 DECISIONS OF NATIONAL LABOR RELATIONS^ BOARD
the Drivers, respectively, and Wilson Employe's Representative Com-
mittee, herein called the Committee, 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 are free from prejudicial error
and are hereby affirmed. On February 24, 1943, the P. W. O. C.
filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF. FACT
N
'I. THE BUSINESS OF THE COMPANY
"Wilson & Co., Inc., a Delaware corporation, operates a packmgnouse
in Los Angeles, California. During the fiscal year ending October
1942, livestock in excess of 10,000,000 pounds -was purchased for the
Los Angeles plant, approximately 80 percent 'of which came from
points outside the State of California. During the same year, finished
-meat products in excess of, 2,000,000 pounds were produced at the
'Los Angeles plant, approximately.5 percent of which was shipped to
.points outside the State of California. We find that the Company is
engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Packing House Workers of America P. W. O. C. Local 200,
affiliated with the Congress of Industrial Organizations, Butchers
Union Local No. '563, Amalgamated Meat Cutters & Butcher Work-
men of North America, and Meat & Provision Drivers Union, Local
No. 626, International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers, both affiliated', with the American Federation
of Labor, "and Wilson Employe's Representative Committee are labor
organizations, each admitting to membership employees of the
' Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 29, 1942, and January 2, 1943, the P. W. O. C. requested
recognition as the bargainiiig agent for the employees of the Company
at its Los Angeles plant. The Company did not reply to these requests.
On October 5 and 6, 1942, the Company and the Drivers allegedly
entered into a written contract 1 covering the employees in the trans-
portation unit of 'the plant. As the contract expired March 1, 1943,
we find that it is not a bar to an election among the.truck drivers.
The contract was not signed by either party.
WILSON & CO., INC. 289
Each of the labor organizations submitted evidence that it represents
a substantial number of employees in the alleged appropriate unit.'
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 DETERMINATION OF REPRESENTATIVES
The P. W. O. C. seeks a plant-wide unit consisting of all production
and maintenance employees, including plant clericals, and teamsters,
chauffeurs, and truck drivers (further described as local drivers,
country drivers, extra drivers, and night spotter drivers), and exclud-
ing office' employees, sales employees, watchmen, the matron, all, fore-
men, and all employees above the grade of foreman. The Amalga-
mated, the Drivers, the Committee, and the Company agree with this
description of the unit, except that they would exclude the teamsters,
chauffeurs, and truck drivers, herein called the truck drivers.
The Committee has been the sole bargaining'agency since 1936 for
all the employees of the Company, including the truck drivers, until
the October 1942 agreement between the Company and the Drivers.
The P. W. O. C. relies on this bargaining history, a Company policy
of advancing plant employees to truck drivers, and the P. W. O. C.'s
membership among the truck drivers as indicative of the appropriate-
ness of the broad unit. Although the Drivers' contract is not a bar
to an election among the truck drivers, the Drivers contends that its
contract, as well as other contracts with- packinghouses similar to that
of the Company covering drivers only, indicates the appropriateness
of establishing the truck drivers as a separate unit. The truck drivers
are under the same general supervision as the production and main-
2 A Field Examiner for the Board reported that the P W. O. C submitted 460 authori-
zation cards, 268 dated in 1943, 183 in 1942, and 9 prior to 1942, and all bearing appar-
ently genuine original signatures The P W O. C also submitted a petition dated in
Januaty 1943 beating 18 signatures , all app.uently genuine and original ; 14 of the 18
names were duplicates of names on the authomization cards Of the 464 unduplicated
names, 304 were listed on the Company's pay roll of January 30, 1943, in the unit urged
by the P W 0 C Ot these 304 names, 282'leie in the unit requested by the Amalga-
mated and 22 in the unit requested by the Diivers The pay roll listed 758 employees in
the unit requested by the P W 0 C : of these 43 were listed as truck divers
The Amalgamated submitted to the Field Examiner 108 authorizations and applications,
102 dated in 1943 and 6 dated 1941 , all bearing apparently genuine original signatures.
Of these 55 weie listed on the pay roll of January 30, 1943, in the unit requested by the
Amalgamated, 27 duplicated the names appealing on the cards submitted by the P W O. C.
The Drivers submitted to the Field Examiner a petition dated January 11, 1943, bearing
26 signatures , all apparently genuine and original , and a notarized statement containing
a list of 30 truck drivers alleged to be members of the Drivers The 26 names on the
petition were duplicated on the notarized statement Of these names , 25 iaere listed on
the pay roll of January 30, 1943, 10 were duplicates of names submitted by the P W. 0 C
The Committee submitted to the Trial Examiner 185 authorization cards,'123 dated in
January 1943 and 62 dated in 1942, all beating apparently genuine original signatures;
of these 133 are the naives of persons listed on the pay roll of January 30, 1943, in the
unit alleged appropriate by the P W 0 C. None of these names were listed on the pay
roll as truck drivers.
`290 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
tenance employees. It is also apparent that the Company's policy in
the past has been to promote employees within the plant to truck
`drivers.
We'find that the truck drivers may properly constitute a separate
bargaining unit or be merged with the other employees of the Com-
pany as part of a larger unit. We shall 'direct that separate elections
be held (1) among the truck drivers, described below, to determine
whether they desire to be represented by the P. W. O. C. or by the
Drivers for the-purposes of collective bargaining, or by neither,:and
(2) among the remainder,of the Company's production and mainte-
nance employees, with' the inclusions and exclusions noted below, to
determine whether,they desire to be represented by the P. W. O. C., or
by the Amalgamated, or by the Committee, or by none. Upon the
results of these elections will depend the appropriate unit or units.
If the majority in each group selects the P. W. O. C., they will together
constitute a single appropriate unit. If the majority in either group
selects an organization other than the P. W. O. C., they will constitute
,separate appropriate units.
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the groups of
employees indicated in the Direction of Elections who were employed
during the pay-roll period immediately preceding the date of the
Direction of Elections, subject to the limitations and additions set
forth in the Direction.
DIRECTION OF ELECTIONS
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
DIRECTEb that, as part of the investigation to ascertain repre-
'centatives for the purposes of collective bargaining with 'Wilson &
,Co., Inc., Los Angeles, California, elections 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 super-
vision of 'the Regional Director for the Twenty-first 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, following groups of employees at the Company's Los
Angeles plant who were employed during the pay-roll period immedi-
ately 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'fbrces of the United States who present' themselves in person
WILSON & CO., INC. 291
at the polls , but excluding those who have since quit or been dis-
charged for cause:
1. All production and maintenance employees, including plant
clericals, but excluding teamsters , chauffeurs , and truck drivers (fur-
'ther described as local drivers, country drivers, extra drivers, and
night "spotter drivers), office employees, sales employees, watchmen,
the matron, all foremen, and all employees above the grade of fore-
man, to determine whether they desire to be represented by United
Packing House Workers of America P. W. O. C. Local 200, affiliated
with the Congress of Industrial Organizations, or by Butchers Union
"Local No. 563, Amalgamated Meat Cutters & Butcher Workmen of
North Am'eric'a, affiliated with the American Federation of Labor,
or by Wilson Employe's Representative, Committee, for the purposes
of collective bargaining , or by none; and
2. Among all teamsters, chauffeurs, and drivers (further described
as local drivers, country drivers, extra drivers, and night spotter
drivers ), but excluding all foremen and all employees above the grade
of foreman , to determine whether they desire to be represented by
United Packing House Workers of America P. W. O. C. Local 200,
affiliated with the Congress of Industrial Organizations, or by Meat
& Provision Drivers Union, Local No. 626, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers, affiliated with
the American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
M. JOHN M. HOUSTON took no., part in the consideration of the
above Decision and Direction of Election.
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