Allied Beverage Distributing Co.

National Labor Relations Board - Board Decisions

Jun 26, 1963

143 N.L.R.B. 149 (N.L.R.B. 1963)

ALLIED BEVERAGE DISTRIBUTING CO., ETC. 149
APPENDIX
NOTICE TO ALL OUR MEMBERS AND THE MEMBERS OF OTHER LOCALS OF THE UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , AFL-CIO, AND TO ALL
EMPLOYEES AND PROSPECTIVE EMPLOYEES OF STOP & SHOP, INC.
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended , we hereby notify you that:
WE WILL NOT restrain or coerce employees or prospective employees of Stop &
Shop , Inc., in the exercise of their rights guaranteed by Section 7 of the National
Labor Relations Act as amended.
WE WILL NOT cause or attempt to cause Stop & Shop , Inc., or any other em-
ployer, to discriminate against an employee or prospective employee in violation
of Section 8 (a) (3) of the Act.
WE WILL make Chester Smith and George D. Burnham whole for any loss of
pay suffered by them as a result of their not being hired by Stop & Shop, Inc., on
November 5, 1962.
CARPENTERS LOCAL #40, UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA, AFL-CIO,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered , defaced, or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, Boston
Five Cents Savings Bank Building , 24 School Street, Boston , Massachusetts , 02108,
Telephone Number Lafayette 3-8100, if they have any question concerning this
notice or compliance with its provisions.
Allied Beverage Distributing Co.; Mack Distributing Company;
Hi-State Beverage Co.; The Columbus Distributing Co.;
August Wagner Breweries, Inc.; Fifer Distributing Co., Inc.;
Mid-Ohio Distributing Co.; York Beer Distributors, Inc;
Scioto Beverages Co.; Imperial Beer Distributors, Inc.; Hill
Distributing Co.; Capitol Beverage Distributing Co.; Am-
bassador Distributing Co.; Fay Distributing Co.; and The
Perfecto Distributing Co. and Truck Drivers Union, Local No.
413, affiliated with The International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America,
Petitioner. Case No. 9-RC-5279. June 26, 1963
DECISION AND ORDER
Upon a petition duly filed under Section 9(c) of the National
Labor Relations Act, a hearing was held before Mark M. Reynolds,
hearing officer. 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-member panel [Chairman McCulloch and Mem-
bers Leedom and Brown].
143 NLRB No. 21.
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees
of the Employers.
3. No question affecting commerce exists concerning the repre-
sentation of employees of the Employers within the meaning of Sec-
tion 9(c) (1) and Section 2(6) and (7) of the Act, for the following
reasons:
Columbus Beer Distributors Association, herein called Columbus
-Association, has for many years represented its 15 employer-members
in bargaining with the Intervenors, Brewery Workers Local Union
No. 47 and International Union of United Brewery, Flour, Cereal,
Soft Drink and Distillery Workers of America, AFL-CIO, for all
the employees of these Employers. The most recent contract was
effective until April 1, 1963.
On January 29, 1963, the Petitioner filed a petition naming Ohio
Brewers Association, herein called Ohio Association, as the employer,
and requesting an election in a unit of drivers and certain other
categories employed by the members of that Association. Copies of
the petition were mailed to Robert Krier, secretary of the Ohio Asso-
ciation, and to nine companies. On the same day, the Petitioner
sent letters to the nine companies claiming to represent certain of their
employees. All of these nine companies were members of the Colum-
bus Association ; only one, however, was also a member of the Ohio
Association. Krier had at one time been secretary of the Columbus
Association, but resigned that position in May 1961.1
On February 6, 1963, the Petitioner filed an amended petition,
which designated the same nine companies and six others as the Em-
ployers, but designated no association. The 15 companies named
in the amended petition comprise the entire membership of the Colum-
bus Association. Although the parties disagree as to the composi-
tion of the appropriate unit, they agree, and we find, that only a multi-
employer unit covering these 15 companies is appropriate.
The Intervenor contends that the amended petition is a new peti-
tion naming a different employer and that, as it was filed within the
60-day insulated period, it is untimely and should be dismissed. The
Employers take no position as to the timeliness of the petition, but
stated at the hearing that they are willing to negotiate a new collective-
bargaining agreement with whatever union is certified by the Board.
The Ohio Association, named in the original petition, is a nonprofit
association whose members consist of eight breweries located through-
i During the hearing, Brier was retained to represent the Columbus Association in this
proceeding.
COMO PLASTICS, INC. 151
out the State of Ohio. It was formed for the purpose of disseminating
information, promoting public relations, and increasing the business
of its members. Insofar as appears from the record, it engages in no
collective bargaining.
The original petition herein named as the employer the Ohio Asso-
ciation, which was not the association contemplated by the Petitioner.
The Columbus Association, which was contemplated, was not desig-
nated in the petition; nor did it receive notice thereof. Service of a
copy of the petition on Krier did not constitute notice to the Colum-
bus Association, as the petition was addressed to the Ohio Association
of which he was the secretary, and made no reference to the Columbus
Association, with which he had then had no official connection for over
a year. Moreover, six members of the Columbus Association were not
designated or served with notice of the original petition.
As a substantial number of the 15 employers who comprise the
appropriate unit were neither named in nor notified of the petition,
either directly or through an authorized agent, until the filing and
service of the amended petition, we find that the filing date of the
amended petition is controlling, and that, as it was filed within the
60-day insulated period immediately preceding the termination date
of the existing contract, it was untimely? Accordingly, we shall grant
the motion of the Intervenors to dismiss the petition herein.'
[The Board dismissed the petition.]
2 Deluxe Metal Furniture Company, 121 NLRB 995, 1000, footnote 12; The Evans Pipe
Company, at at., 121 NLRB 15, 18; The Baldwin Company, 81 NLRB 927.
3In view of our disposition of this case , we find it unnecessary to pass upon the con-
tentions as to the appropriateness of the unit requested by the Petitioner.
Como Plastics , Inc. and International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of
America, AFL-CIO. Cases Nos. 25-CA-1480 and 935-RC-P094.
June 26, 1963
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
On June 26, 1962; Trial Examiner Thomas F. Maher issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had not engaged in the unfair labor practices alleged in
the complaint and recommending that the complaint be dismissed in
its entirety, as set forth in the attached Intermediate Report. He
also recommended that the objections to conduct affecting the results
of election, which were filed by the Union in Case No. 25-RC-2094, be
143 NLRB No. 9.