National Labor Relations Board v. Swift & Company

Good Law
240 F.2d 65·39 L.R.R.M. (BNA) 2278·1957 U.S. App. LEXIS 4363
United States Court of Appeals for the Ninth CircuitJanuary 7, 195715051California937 words

Opinion

Opinion

Healy, J.

This is a proceeding pursuant to the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. for enforcement of a Board order directing respondent Swift & Company to bargain with a local of Amalgamated Meat Cutters Union as the duly certified representative of respondent’s plant clerks and standard checkers at its South San Francisco plant. Respondent refused to comply with the direction on the ground that these workers are confidential and supervisory employees under the Act. Here respondent has abandoned its contention as respects the standard checkers, so that the sole matter for our consideration is the status of the plant clerks.

Following is a summary of the work these latter employees do: In the performance of their clerical duties the plant clerks are immediately supervised by the respective foremen to whose departments they are assigned. Some work for a number of foremen, although most of them remain in one office where they perform their duties, occupying a desk adjacent to, or jointly with, the foreman whose office they share. The primary duties of the plant clerks concern the maintenance of a variety of records for their respective departments relating to production,…

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