A. The 8 (2)-Continued 4. Factors showing subsequent company domination and assistance of Independent.-Continued f. There are miscellaneous items of assistance: Rose Todd conducts Independent's business at her desk in the plant before, after and during working hours; the executive committee met for several months in the office of a supervisor; files and typewriters have been used; phone service, messenger service, and bulletin boards of respondent are used by Independent's officers for union business. 5. Respondent's supervisory employees. a. A strong 8 (2) depends in large part on whether certain employees who dominated the League and the Independent in fact represented the management. Respondent denies that their duties were supervisory. (1) Rose Todd-the outstanding personality in the Independent. (a) An employee for 13 yrs. Has been operator, assistant to instructor, and instructor, has set piecework rates, and has assisted with special studies of production methods. (b) Present position best described as coordinator of production. Keeps various sections of plant supplied with materials and moves about the plant throughout the day conferring with instructors who are in charge of the sections. Is responsible to Baty, production manager and general superintendent. (2) Hobart Atherton (a) Seems clearly to be charged with directing the work of the mechanical or machine maintenance department. b. Status of Instructors (1) In charge of sections of 40 operators each. (2) Prior to June 1935 had authority to discipline, and to recommend discharges. (3) Superintendent Baty came to plant in June 1935, took all authority from instructors and vested it in himself, so he claims to be sole supervisor of 1300 employees. (a) Change never announced and employees unaware of any difference in authority of instructors. Rank and file never received any instructions from Baty. B. The 8 (3)'s a. Joined International prior to April 1937 and was selected as c. Trial Examiner found she was excluded from plant, but denied 2. May Fike-Trial Examiner dismissed this 8 (3). a. Is a sister of Fern Sigler against whom employees demonstrated on April 23. b. Her instructor questioned her on the day of the demonstration and discovered May was also a member of International. Instructor told her it would cause her to lose her job. B. The 8 (3)'s-Continued 2. May Fike-Trial Examiner dismissed this 8 (3).—Continued NBM/1s EXHIBIT NO. 1380 AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA Affiliated with A. F. of L. OTTUMWA, Iowa, October 4, 1939. Mr. NATHAN WITT, Secretary, National Labor Relations Board, Washington, D. C. DEAR SIR: Your letter of above date received and contents carefully noted. The case referred to in my recent communication has to do with the Iowa POULTRY PRODUCERS MARKETING ASSOCIATION of Ottumwa, Iowa. There are two union organizations at that place and consequently there is conflict existing there. The management did write the Regional Board at Minneapolis and state that he would like the matter settled as soon as possible. Because of this, Mr. Vogt came in here to investigate the circumstances on September 13 and 14, last. My communication to Mr. Madden resulted from this investigation, because it is belief Mr. Vogt did behave in a manner not in line with his official duties and because of his apparent partiality to the opposing union organization. It is my understanding the CIO advocates they are going to hold this matter up for a period of ninety days. Because the AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFofL does maintain an overwhelming majority, and because the employes of the above mentioned Association are working excess hours and earning inadequate wages, it is only natural that we, too, would like to have the case determined without undue delay. The CIO members at the plant are as anxious as are the AFL, but their business agent seems to be reluctant in agreeing to an election at this time and let winner take all. On the contrary, he desires that a hearing be held and this, also, is agreeable with our organization, though we desire it soon and not be delayed as Mr. Vogt said it will be. Of course, we realize the Board has many cases awaiting decision, but it is surely understood that the business of the aforementioned Association is seasonal and if these employes are compelled to work through the rush season, which is just now starting, they will have to do it at the bosse's own terms; which as stated before, are very inadequate. Many of them are handicapped because of the system which recently went into effect, whereby a gang average must be maintained by roughers, waxers and tippers and this method is very unsatisfactory. There are other matters which need adjusting, but the management refuses to deal with either union until it is clearly decided by the Board, who has the bargaining rights. This condition is of course, to their liking, because of the wages and conditions which they can cause to exist and which are now in effect. I understand that bulletins are posted whereby the foreman is expected to remove from the payroll anyone who is not able to assist in maintaining the gang average. This should not be permitted, because most of the employes are capable of making an individual average and many have been employed through the seasonal period for three or more years. Regardless of which union should win an election, I feel confident satisfactory adjustments can be made in these matters. But as stated before, if this case is delayed over a period of time, the rush season will have ended and many of the employes will have been laid off after putting in said excessive hours on under paid wages. I have seen the hands of the waxers swollen and blistered. In addition to breaking wax, they are required to go down the line and assist in cleaning up the birds. I was in conversation with one of these last evening and her hands were in a terrible shape and she is confident they are going to have to be lanced again. In view of these conditions, I, as representative of Local Union No. 591, A. F. of L., do earnestly and sincerely request and petition that an election be held at the IOWA POULTRY PRODUCERS MARKETING ASSOCIATION, Ottumwa, Iowa, at the earliest possible date which is convenient for the NATIONAL LABOR RELATIONS BOARD. IN THE MATTER OF IOWA POULTRY PRODUCERS MARKETING ASSOCIATION and UNITED PACKING HOUSE WORKERS OF AMERICA, LOCAL UNION No. 1 OF THE PACKING HOUSE WORKERS ORGANIZING COMMITTEL, AFFILIATED WITH THE C. I. O. and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL UNION NO. 591, AFFILIATED WITH THE A. F. OF L. Case No. RE-1 CERTIFICATION OF REPRESENTATIVES March 20, 1940 On January 30, 1940, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election an election by secret ballot was conducted on February 27, 1940, under the direction and supervision of the Regional Director for the Eighteenth Region (Minneapolis, Minnesota). On February 29, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. The Regional Director reported as to the results of the balloting as follows: Total number of ballots cast for Amalgamated Meat Cutters and 16 Total number of ballots cast for United Packing House Work- 11 Total number of ballots cast for neither of the above organiza- Total number of blank ballots-- Total number of void ballots. Total number of challenged ballots- 1 19 N. L. R. B., No. 110 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended. IT IS HEREBY CERTIFIED that Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 591, affiliated with the American Federation of Labor, has been designated and selected by a majority of the production and maintenance employees of Iowa Poultry Producers Marketing Association, Ottumwa, Iowa, including the day and night engineers, but excluding foremen, working foremen, the city salesman, and office, clerical, and supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Amalgamated Meat Cutters and Butcher Workmen of North America, Local Union No. 591, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. EXHIBIT No. 1384 COMMITTEE FOR INDUSTRIAL ORGANIZATION H. R. Ballard, Regional Director HDQTRS. 503 TRIMBLE BLDG. SIOUX CITY, Iowa, March 17th, 1938.. Re: Case X111-C-649 Cudahy Packing Co., Field Examiner NLRB., 20 North Wacker Drive., Chicago, Illinois. DEAR SIR: Complying with your request in your letter of March 11th, we are sending you under separate cover the transcribed notes on the investigation of the Cudahy Packing Company. We have a few more affidavits to secure and will forward them to you as soon as we are able to get them and have them notarized. We are holding up the material on the Swift Company, as we have done nothing further in the way of securing evidence, having devoted all our time to Cudahy. We will begin on this as soon as possible and will forward same to you upon its completion. Thanking you for your cooperation and interest and with kind personal regards, I am Very truly yours, Envelope contains post office Griffith, Indiana, return address on this post marked envelope; United Packing House Workers Union, East Chicago, Indiana-Box 252 East Chicago, Indiana. Addressed to the Packinghouse Workers Union, Sioux City, Iowa c/o Cudahy Packing Co., The letter reads: DEAR SIR: As chairman of the Board of Trustees of the Packinghouse Workers Union of East Chicago, I am, hereby, submitting some of the statistics and problems that have confronted our union since it was founded May, 1937. There are many commendable things gained for the members of East Chicago Packinghouse Union, after they were passed to the trustees for disposition with the management. As a matter of fact, the percentage exceeds 75% by a great margin. This all goes to show that our union has made working condi tions better and also has achieved considerable advantage for many members in their wages. We were presented with a supplement to the contract proposed by_the Cudahy Packing Company with which you, undoubtedly, are familiar. This supplement was a request for the members of the union to cooperate and give them a chance to be on a competitive basis with the other big four packers. We held a secret ballot on this subject and the members were in favor of going along with the company by an over-whelming majority. At the present time, we are operating with a 92% membership in the union.; also, at every other meeting, we have served beer and sandwitches. The members are highly in favor of serving refreshments and all having a very good time. I would like to hear from you regarding the activities of your union and what you are doing to stimulate interest; also a statement as to how your union cooperated with the Cudahy procedure regarding the contract. Trusting we receive a prompt reply to this letter, we remain Yours very truly, P. H. W. U. OF EAST CHICAGO. (Signed) R. D. RAPP. JAMES J. FITZGERALD, ATTORNEY AT LAW, OMAHA, NEBRASKA, June 22, 1937. Mr. RAY SHAEFFER, President, % Cudahy Packing Co., Sioux City, Iowa. DEAR SIR: You will recall that the writer acted as attorney for all of the unions from the various Cudahy plants during the employees convention in Omaha from May 24 to 27, inclusive. The employees collective bargaining contract, which I prepared, was signed by the company representatives and forwarded to each of the unions; and since all of the unions received the benefit of my legal services in the preparation of the contract, it seems only fair that the legal expenses incident to the preparation of the contract should be borne equally by all of its unions. Accordingly, I have prepared and am forwarding, herewith, statement for legal services rendered at the time of the employees conference. A duplicate of this statement and letter is being sent to each of the unions in the other Cudahy plants. The amount of the statement is ridiculously small and such an economical arrangement could only be had by retaining one lawyer to perform the legal services for all of the union. I feel confident that you will recognize the fairness and economy of this procedure and will take the matter up with your group at your earliest convenience, making arrangements to forward your check in payment of this obligation. With kind personal regards and hoping to be of further service to you in the near future, I remain GENTLEMEN: We are enclosing, herewith, bill for our service in connection with the organization of the Packinghouse Workers Union of Sioux City. We congratulate your organization on the excellent progress it has so far made and will be pleased to have referred to us, future business of the union, Sincerely yours, FORSLING & COVER, (Signed) L. B. FORSLING. |
