Armour And Company And United Packing House Workers Industrial Union, Local 153, Affiliated With C. I. O., 818 (1940)

In the Matter of ARMOUR AND COMPANY and UNITED PACKING HOUSE WORKERS INDUSTRIAL UNION, LOCAL 153, AFFILIATED WITH C. I. O.

In the Matter of ARMOUR AND COMPANY and UNITED PACKING HOUSE WORKERS LOCAL INDUSTRIAL UNION No. 153, THROUGH PACKING HOUSE WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH C. I. O.

Cases Nos. C-661 and R-1309, respectively SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 9, 1940 On August 15, 1939, the National Labor Relations Board, herein called the Board, issued its Decision, Order, and Direction of Election 1 in the above-entitled cases. On August 19, 1939, the Board issued an Amendment to Direction of Election 2 providing for the holding of an election within 15 days from the date of the Amendment to Direction of Election, among the employees of Armour and Company, Omaha, Nebraska, herein called the Company, in the appropriate unit set forth therein. On August 28, 1939, International Association of Machinists, on behalf of Lodge 31, International Association of Machinists, herein called the I. A. M., filed a petition for intervention, alleging that the machinists, machine erectors, and maintenance employees of the Company constituted an appropriate unit, that these employees had been members of the I. A. M. for many years and desired to be represented by it, that they should not be included in the unit set forth in the Amendment to Direction of Election, and that the I. A. M. had not previously intervened in the proceedings because it had been represented to the I. A. M. by the United that the latter organization would not seek to include the above employees in the bargaining unit. Ou August 29, 1939, the Board notified the Acting Regional Director for the Seventeenth Region that the Board would not pass upon the petition of the I. A. M.

until further proceedings were had, that the employees in the unit claimed by the I. A. M. should be given the opportunity to vote for 818 the I. A. M. if they so desired, and that the ballots cast by such employees should be segregated and not counted until after a determination by the Board of the issues raised in the I. A. M.'s petition. On August 30, 1939, prior to the election, the I. A. M. informed the Acting Regional Director that it waived all claims to represent any machinists, machine erectors, and maintenance employees other than those classified as machinists. Pursuant to the Direction of Election, as amended, and the supplemental instructions to the Acting Regional Director, an election by secret ballot was conducted on August 30, 1939, under the direction and supervision of the Acting Regional Director.

On October 3, 1939, the Board issued a Supplemental Decision and Certification of Representatives in which it certified Local Union No. 8, United Packinghouse Workers of America, of the Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the United, as the exclusive bargaining representative of the production and maintenance employees.4 After reciting the above facts, the Board stated in the Supplemental Decision:

We are unable at this time to decide the issues raised by the petition of the I. A. M. for intervention but shall direct that an additional hearing be held at which the parties may adduce evidence with regard to whether the machinists should be established as a separate unit or included in the larger unit. We do not think, however, that the Board should withhold the benefits of collective bargaining from the other employees pending a determination of this issue. We shall, therefore, issue a certification applicable to the employees other than the machinists.

When the Board has made a final determination as to the machinists, it will, if it finds that such employees either constitute a separate appropriate unit or should be included in the one unit with the other employees, issue another certification embodying that finding.

On October 3, 1939, the Board issued an order reopening the record, directing that a further hearing be held, and remanding the proceedings to the Regional Director. On October 17, 1939, the United filed Exceptions to the Supplemental Decision and CertificaS 4 The Board certified the United as the exclusive bargaining representative of the hourly paid and piece-work production and maintenance employees, excluding foremen, foreladies, and assistant foremen, gang leaders, all other employees in a supervisory capacity, clerical and office workers, scalers, checkers,...