New York Butchers Dressed Meat Company, Division Of Armour And Company, Employer And Petitioner An United Packinghouse Workers Of America (cio), Local No. 266, 855 (1949)

In the Matter of NEW YORK BUTCHERS DRESSED MEAT COMPANY,

DIVISION OF ARMOUR AND COMPANY, EMPLOYER AND PETITIONER an UNITED PACKINGHOUSE WORKERS OF AMERICA (CIO), LOCAL No.

266 In the Matter of NEW YORK BUTCHERS DRESSED MEAT COMPANY,

DIVISION OF ARMOUR AND COMPANY, EMPLOYER and CATTLE SHOCHTIM UNION, LOCAL 491, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, A. F. OF L., PETITIONER Cases Nos. 2-RfM--7 and 2-RC-597, respectively.-Decided February 18,1949 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed, a consolidated hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds:

1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.

2. United Packinghouse Workers of America (CIO), Local No.

   266, herein called Local 266, and Cattle Shochtim Union, Local 491,

   Amalgamated Meat Cutters and Butcher Workmen of North America,

   1. F. of L., herein called Local 491, are labor organizations claiming to represent employees of the Employer.

3. On December 19, 1946, the United Packinghouse Workers of America, CIO, and the Employer executed a master agreement covering all Armour employees throughout the United States. The master agreement, by its terms, was effective as of December 19, 1946, and was *Chairman Herzog and Members Reynolds and Gray.

   to remain in effect until August 11, 1948, and from year to year thereafter unless either party should give 30 days' notice of termination before August 11, 1948, or any subsequent August 11. The master agreement provided for the negotiation of supplementary local agreements which would also expire on termination of the master agreement.

   On February 11, 1948, Local No. 266 and the Employer executed an agreement for the employees here involved covering wages only. Pursuant to proper notice, the Employer terminated the master agreement as of August 11, 1948. Local 266 contends that the agreement dated February 11, 1948, bars the claim of Local 491, as it was not a local agreement within the purview of the master agreement, and therefore was not terminated with...