Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Apr 18, 1945

61 N.L.R.B. 617 (N.L.R.B. 1945)

In the Matter of WILSON & Co., INC. and UNITED PACKINGHOUSE
WORKERS OF AMERICA, C. I. O.
Case No. 13-R-2883.-Decided April 18, 1945
Mr. M. R. Swanson, of Chicago, Ill., for the Company.
Miss Virginia Spence and Mr. Re ftugio Ramon Martinez, of Chicago,
Ill., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Wilson & Co., Inc., Chicago, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert T. Drake, Trial Examiner.
Said hearing was held at Chicago, Illinois, on March 21, 1945. The
Company and the Union 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. At the conclusion of the hearing the Com-
pany moved to dismiss the petition on the ground, inter alia, that ac-
cording to the constitution of the Union the latter cannot admit to
membership the employees herein concerned. The Trial Examiner
reserved ruling on the motion.' The motion is hereby denied. All
parties were afforded an opportunity to file briefs with the Board.
I We find it unnecessary to determine the exact extent of the Union' s constitutional
jurisdiction since there is no showing that the Union will not accord adequate representa-
tion to all employees included within the unit hereinafter found appropriate Moreover,
it affirmatively appears from the record that the Union does admit to membership , and cur-
rently represents elsewhere, the same categories of employees sought herein . See Matter
of Emil D and Emil W. Platzer, co-partners doing business as Platter Boat Works. 59
N L R. B 292, and Matter of Virginia Smelting Company, 60 N. L. R B 616.
61 N. L. R. B., No. 91.
617
618 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
Wilson & Co., Inc., a Delaware corporation, having its principal
offices and place of business in Chicago, Illinois, operates 8 packing
house plants, and about 90 branch houses throughout the United States.
This proceeding involves the Company's Chicago plant where the
Company purchases and slaughters livestock and processes, manu-
factures, and distributes various meat products and meat byproducts.
During the past 12-month period, the Company purchased livestock,
valued in excess of $1,000,000, of which approximately 50 percent was
shipped to the Company from points outside the State of Illinois.
During the same period, the Company sold products, valued in excess
of $1,000,000, of which in excess of 50 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 ORGANIZATION INVOLVED
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
On February 1, 1945, the Union advised the Company that it repre-
sented the Company's employees in the fire department, and requested
a conference for bargaining purposes. The Company has declined to
recognize the Union as the representative of such employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate 2
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 Union contends that all employees of the Company in its fire
hall department, excluding supervisory employees, constitute an ap-
z The Field Examiner reported that the Union submitted eight application cards ; that
the names of seven persons appearing on the cards were listed on the Company 's pay roll
of February 23, 1945, which contained the names of seven employees in the appropriate
unit ; and that the cards were dated in January 1945; one was undated.
WILSON & CO., INC. 619
propriate unit. In the alternative, it suggests that the firemen be in-
cluded in the large unit it now represents.3 The Company contends
that, these employees are part of management and are therefore not
eligible for membership in a labor organization, and opposes enlarg-
ing the unit the Union now represents to include firemen because of
the latter's prior exclusion therefrom.
The Company employs nine employees in the fire hall department,
including the fire marshal and his assistant. These employees oper-
ate and maintain the Company's fire-fighting equipment; see that the
Company's fire protection rules are obeyed, and engage in fire fighting
where necessary. These employees wear uniforms and some are as-
signed to the fire hall, while others tour the plant. Contrary to the
contention of the Company, we are of the opinion that these employees
are not so closely allied to management as to warrant a denial of their
right to collective bargaining under the Act.4 In view of their ex-
clusion from the unit previously found appropriate by the Board and
from the contract executed pursuant to the Board's prior certification,
we are of the opinion that the firemen should constitute a separate
appropriate unit.
The fire marshall has authority to hire and discharge the firemen
under his supervision, and his assistant has the authority to effectively
recommend discharge. We find, therefore, that the fire marshal and
his assistant are supervisory employees, and, as such, we shall exclude
them from the unit.
We find that all employees of the Company in the fire hall depart-
ment, excluding the fire marshal and his assistant and any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or ef-
fectively recommend such action, constitute 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 Elec-
tion herein, subject to the limitations and additions set forth in'the
Direction.
8 Pursuant to a certification by the Board , the Union and the Company executed a
written contract covering a plant-wide unit of production and maintenance employees from
which the fire-protection employees , inter alas, are specifically excluded . Matter of Wilson
and Co., late, issued January 11, 1943
4 See Matter of Armour & Company, 42 N. L R. B. 495.
620 DECISIONS OF NATIONAL LABOR IIELATIONS BOARD
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Wilson & Co.,
Inc., Chicago, Illinois, 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, Sec-
tions 10 and 11, of said Rules and Regulations, among the employeeq
in the unit found appropriate in Section IV, above, who were em-
ployed 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 poll§, but excluding those
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 de-
termine whether or not they desire to be represented by United Pack-
inghouse Workers of America, C. I. 0., Local 25,5 for the purposes of
collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
6 The Union requested to appear on the ballot in the manner set forth above.