Albrecht Liquor Co.

National Labor Relations Board - Board Decisions

Nov 22, 1948

80 N.L.R.B. 607 (N.L.R.B. 1948)

In the Matter of ALBRECHT LIQUOR COMPANY, EMPLOYER and DIsru-
LERY, RECTIFYING AND WINE WORKERS' INTERNATIONAL UNION OF
AMERICA, AFL, PETITIONER
Case No. 14-RC-025
SUPPLEMENTAL DECISION
ORDER
AND
DIRECTION OF ELECTION
November 2,19.48
On October 1, 1948, the Board 1 issued a Decision and Order 2 dis-
missing the petition in the above-entitled case. Thereafter the Peti-
tioner filed a Motion to Set Aside Order and the Employer filed
suggestions in Opposition to Petitioner's Motion to Set Aside Order.
The petition was dismissed in the original Decision on the basis
of Matter of Advance Pattern Company, 79 N. L. R. B. 209, in which
the Board held that failure to answer properly question 12 8 on a
petition rendered the petition fatally defective. In a Supplemental
Decision, however, in Matter of Advance Pattern Company, 80
N. L. R. B. 29, the Board reconsidered and reversed its original
Decision. Accordingly, for the reasons set forth in that Supplemental
Decision, and as the parties stipulated at the hearing that the Em-
ployer refused to recognize the Petitioner absent a Board certification,
our ruling upon the Employer's motion to dismiss this proceeding for
failure to answer question 12 is hereby reversed and the motion is
denied.
The Employer's motion to dismiss was based also upon the ground
that the petition did not show that the Petitioner had complied with
3 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 [Houston , Murdock , and Gray].
2 79 N. L. it. B 1249.
$ This question reads as follows : "Has the Petitioner notified the Employer of claim
that a question concerning representation has arisen 1" and "Has the Employer failed to
recognize the Petitioner?"
80 N. L. R. B., No. 104.
607
608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the filing requirements of Section 9 (f), (g), and (h) of the Act.
Compliance with these filing requirements is, however, a matter for
administrative determination not subject to collateral attack by the
parties 4 Furthermore, we are administratively satisfied that the
Petitioner has complied with Section 9 (f), (g), and (h).
Accordingly, we find that a question affecting commerce exists con-
cerning the representation of employees of the Employer, within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act,
which can best be resolved by holding an election. We shall, there-
fore, grant the Petitioner's motion to set aside our original Decision
and Order, and shall direct that an election be held.
The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All wine and liquor salesmen at the Employer's place of business
in St. Louis, Missouri, excluding guards, clerical and professional
employees, and all supervisors.
ORDER
IT IS HEREBY ORDERED that the Decision and Order in the above-
entitled matter, issued by the Board on October 1, 1948, be, and it
hereby is, vacated and set aside.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate above, who were employed
during the pay-roll period immediately preceding the (late of this
Direction of Election, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether or not they
desire to be represented, for purposes of collective bargaining, by
Distillery, Rectifying and Wine Workers' International Union of
America, AFL.
4 Matter of Lion Oil Company , 76 N. L. R. B. 656.