Armour And Company, Poultry And Creamery Division And Amalgamated Meat Cutters And Butcher Workmen Of North America, Local #172, Afl, 205 (1946)

In the Matter of ARMOUR AND COMPANY, POULTRY AND CREAMERY DIVISION and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL #172, AFL Case No. 17-R-1392.-Decided June 28, 1946 Mr. G. Lipscomb, of Springfield, Mo., for the Company.

Mr. Leo LaFauce, of St. Louis, Mo., and Mr. Nick B. Hall, of Sedalia,

Mo., for the Union.

Mr. David V. Easton, of counsel to the Board.

DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon a petition duly filed by Amalgated Meat Cutters and Butcher Workmen of North America, Local #172, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Armour and Company,

Poultry and Creamery Division, Springfield, Missouri, herein called the Company, the National Labor Relations Board on April 5, 1946, conducted a pre-hearing election pursuant to Article III, Section 3,1 of the Board's Rules and Regulations, among employees of the Company in the alleged appropriate unit to determine whether or not they desire to be represented by the Union for the purposes of collective bargaining.

At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 131 eligible voters and that 113 of these eligible voters cast valid ballots, of which 69 were for the Union and 44 were against. There were no challenged ballots. Thereafter, pursuant to Article III, Section 10,2 of the Rules and Regulations, the Board provided for an appropriate hearing upon due notice before Robert S. Fousek, Trial Eiaminer. The hearing 1 By Amendment of November 27, 1945, this Section of the Rules now permits the conduct of a secret ballot of employees prior to hearing in cases which present no substantial issues.

2 As amended November 27, 1945, this Section provides that in instances of pre-hearing elections, all issues, including issues with respect to the conduct of the election or conduct affecting the election results and issues raised by challenged ballots, shall be heard at the subsequent hearing.

was held at Springfield, Missouri, on May 15, 1946. 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. All parties were afforded opportunity to file...