Iowa Packing Company And Brotherhood Of Packing House Workers, Local No. 56-a, 99 (1945)

In the Matter of IowA PACKING COMPANY and BROTHERHOOD OF PACKING HOUSE WORKERS, LOCAL No. 56-A Case No. 18-1R-1045.-Decided November 7, 1944 Messrs. E. L. Crain and J. L. Fike, of Chicago, Ill., for the Company.

Mr. Don Mahon, of Des Moines, Iowa, for the Union.

Miss Ruth Rusch, of counsel to the Board.

DECISIOn... \.''; D '.::.'.: '.*'--...

DI1ECTýON OF ELECTICN:'..:..-:.

-*- STATEMENT OF THE CASE: ' Upon a petition dulý fiA''b'ty Br'o fr(.:e df:Packing House Workers, Local No. 56-X, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Iowa Packing Company, Des Moines, Iowa, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William J. Scott,

Trial Examiner. Said hearing was held at Des Moines, Iowa, on October 6, 1944. 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. At the hearing, the Company moved to dismiss the Union's petition on the ground that plant-protection employees are a part of management. The Trial Examiner reserved ruling on the Company's motion for the Board's determination. For reasons stated in Section IV, infra, the Company's motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company, a division of Swift & Company, which is an Illinois corporation, is engaged in the business of purchasing, slaughtering,

SThe United Packinghouse Workers of America, C. I. 0., which represents the Company's production and maintenance employees, was also served with notice, but did not appear at the hearing.

and processing of hogs, cattle, and sheep. During 1943, the Company purchased almost all of its livestock within the State of Iowa. The purchases for that period amounted to more than $25,000,000 in value.

The Company shipped approximately 80 percent of its products to points outside the State of Iowa and its sales amounted to more than $25,000.000 during the past year.

The Company admits that it is engaged in commei:ce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED Brotherhood of Packing I-puse Workers, Local No. 56-A, is a labor organization admittif; th:mmbe T rsli emPployees of the Company.

   tV/*IE QUESTION CONCERNITZ6 REPRESENTATION The Coispany. b~s refused to grant recogniliA o to the Union as the exclusive b irIirn~ i...