Allied Container Corp.

National Labor Relations Board - Board Decisions

Apr 6, 1948

76 N.L.R.B. 1186 (N.L.R.B. 1948)

In the Matter of ALLIED CONTAINER C ORPORATION , EMPLOYER and LOCAL
504, INTERNATIONAL BROTHERIIOOD OF TEAMSTERS , CHAUFFEURS,
WAREHOUSEMEN &- HELPERS OF AMERICA , AFL, PETITIONER
Case No. 1-RC-55.-Decided April 6,19.48
Messrs. Benjamin Levin and A. Morris Kobrick , of Boston , Mass.,
for the Employer.
Messrs. John Devlin and 117. Frank Holland , of Boston , Mass., for
the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition 1 duly filed, hearing in this case was held at Boston,
Massachusetts, on December 29, 1947, before Sam G. Zack, hearing
officer. At the hearing, the Employer moved to dismiss the petition oil'
the grounds (a) that the Petitioner is not qualified to represent the em-
ployees in the unit sought, and (b) that the International has no power
to become a party to a collective bargaining contract.2 The hearing
officer referred this motion to the Board. For the reasons hereinafter
stated, this motion is hereby denied.
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 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 the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Allied Container Corporation, a Massachusetts corporation, is en-
gaged in the manufacture of corrugated boxes at Hyde Park, Massa-
1 The petition herein was originally filed by International Biotherhood of Tcamsteis,
Chauffeurs, Warehousemen and Helpers of Aineiica, AFL, herein called the Inteinational,
which moved, after the hearing, to substitute its Local 504 as the Petitioner in this pio-
ceeding. As the Employer does not oppose this motion, it is hereby granted.
I The Employer concedes that the constituent locals of the International are authorized
to enter into contractual relations . In view of the substitution of Local 504 as Petitioner,
this aspect of the Employer's motion to dismiss has been rendered moot
*Chairman Herzog and Members Murdock and Gray.
76 N. L. R. B., No. 166.
1186
ALLIED CONTAINER CORPORATION 1187
chusetts. The Employer annually purchases materials valued at
approximately $200,000, of which 95 percent is received from points
outside the Commonwealth of Massachusetts. The Employer annually
sells products valued in excess of $400,000, of which 55 percent is
shipped to points outside the Commonweath of Massachusetts.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
IT. Tl1E ORGANIZATION INVOLVED
The Petitioner is a labor organization, affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING RE PRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer, until the
Petitioner has been certified by the Board in an appropriate unit.
At the hearing the Employer moved to dismiss the petition on the
ground that, by reason,of provisions in the constitution of the Inter-
national relating to eligibility for membership, the Petitioner is pre-
cluded from representing the production and maintenance employees
of the Employer. We find this contention to be without merit. In
the absence of evidence that the Petitioner will not accord the em-
ployees adequate representation, the willingness of the petitioning
union to represent the employees concerned and the employees' desig-
nation of the union are controlling under the Act.3
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
I1'. THE APPROPRIATE UNIT
We find, substantially in accord with the agreement of the parties,
that all production and maintenance employees at the Employer's
Hyde Park, Massachusetts, plant, including truck drivers, but exclud-
ing office and clerical employees, salesmen, foremen, and all other
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
8 Matter of The Ingalls Shipbuilding Corporation , 73 N. L. R. B. 374; Matter or Federated
Publications , Inc., 74 N. L. R. B. 1054, Matter of Hall Lei,el & Manufacturinq TVorks, 72
N L R B. 165, and cases cited therein
781902-48-vol. 76-76
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation be re-
solved by an election by secret ballot, subject to the limitations and
additions set forth in the Direction. The Employer contends that it
is in process of expanding its staff and that the election should be
postponed until the proposed complement is reached. At the time of
the hearing, 74 persons were employed in the unit. The Employer's
representative testified that a total of approximately 100 persons
would be employed within 21/, or 3 months next following the hearing.
As substantially more than. 50 percent of the maximum number of
employees anticipated was already employed at the time of the hear-
ing, and by this time the Employer's contemplated expansion in
force may be largely completed, we see no reason to delay an election.4
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Allied Container Corporation,
Hyde Park, Massachusetts, an election by sec-ret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the First Region and subject to Sections 203.61
and 203.62 of National Labor Relations Board Rules and Regula-
tions-Series 5, among the employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, 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 ex-
cluding employees on strike who are not entitled to reinstatement,
to determine whether or not they desire to be represented by Local
504, International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, AFL, for the purposes of collective
bargaining.
Matter of Textron, Incorporated , 73 N. L R. B. 393.