Altoona Brewing Co.

National Labor Relations Board - Board Decisions

Mar 21, 1947

72 N.L.R.B. 1320 (N.L.R.B. 1947)

In the Matter of ALTOONA BREWING COMPANY, DUQtiESNE BREWING
COMPANY, FONT -PITT BREWING COMPANY, ELIZABETH GOENNEII,
LAURA G. SYMONS AND WILLIAM F. GOENNEN, PARTNERS, D/B/A
GOENNER & COMPANY, HOMESTEAD BREWING COMPANY. JONES BREW-
ING COMPANY, LATROBE. BREWING COMPANY, MOOSE BREWING COM-
PANY, PITTSBURGH BREWING COMPANY, JOSEPH A. STRAUB AND CARL
J. STRAUB, PARTNERS, D/B/A STRAUB BREWERY, TUBE CITY BREWING
'COMPANY, AND UNION BREWING COMPANY, MEMBERS OF WESTERN
PENNSYLVANIA BREWERS ASSOCIATION, PIPrSBUIIGH DISTRICT AND
VICINITY, PETITIONER-EMPLOYERS and INTERNATIONAL UNION OF
UNITED BREWERY, FLOUR, CEREAL AND SOFT DRINK WORKERS OF
AMERICA, C. I. 0., AND ITS JOINT LOCAL EXECUTIVE BOARD, PrrTS-
EURGH AND VICINITY REPRESENTING LOCALS No. 22, No. 67, AND No.
144 and BEER BOTTLERS LOCAL No. 232, JOINT COUNCIL OF TEAMSTERS
No. 40. A. F. L.
Case No. 6-RE-21.Decided March X1,1947
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Following the filing of a petition alleging that a question affecting
commerce has arisen concerning representation of employees of the
Employers, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, the above-named parties Were served with a Notice of Hearing,
which provided that a hea.ring be conducted on February 3, 1947. On
February 3, 1947, only the Employers and the International Union of
United Brewery, Flour, Cereal and Soft Drink Workers of America,
C. I. 0., herein called the Brewery Workers, appeared at the hearing.
And on that date, the Employers, the Brewery Workers, and a repre-
sentative of the Board executed a "STIPULATION FOR CERTIFI-
CATION UPON CONSENT ELECTION."
On February 13, 1947, an election was conducted in the above matter
in accordance with the Stipulation and the Rules and Regulations of
the Board. Upon the conclusion of the election, a Tally of Ballots
was furnished the parties in accordance with the Board's Rules and
Regulations. The Tally shows that, of the 2122 eligible voters, 2000
cast ballots, of which 1734 were for the Brewery Workers, 259 were
72 N. L. R. B., No. 236.
1320
ALTOONA BREWING COMPANY ET AL. 1321
.against it, and 7 were challenged. It appears, therefore, that a collec-
tive bargaining representative has been selected.
On February 18, 1947, Beer Bottlers Local No. 232, Joint Council of
Teamsters No. 40, A. F. L., herein called the Teamsters, and Cyril F.
Reick, "individually and on behalf of fellow employees," submitted
"Objections to the Conduct of the Election and to the Conduct Affect-
ing the Results of the Election."
It is clear that the Teamsters has no status as an objecting party.
As indicated above, it, was served with notice of the hearing in this
case, yet did not appear at the hearing. Furthermore, the Teamsters
advised the Board by letter, on January 13, 1947, that it had no in-
terest "in the petition," and that under no circumstances did it desire
to appear on the ballot.
In any event, an examination of the Objections reveals that they
lack substance, and that they raise no material or substantial issues
requiring further investigation. The Objections are substantially as
follows: (1) the secrecy of the ballot was violated in that employees
were required to place their names on the envelopes containing their
ballots, were not informed of the reason for this procedure, and be-
lieved that there would be reprisals by the Employers unless they voted
for the Brewery Workers; (2) the holding of the election was im-
proper because of a "lockout"; (3) "strikebreakers" were permitted to
vote; and (4) the unit in which the election was held is inappropriate.
With respect to the first Objection, the records of the Board's Re-
gional Office reveals that less than 250 employees voted in the manner
upon which this Objection is based. Thus, even if the allegations in
the first Objections were true, the results of the election could not be
affected, since the Brewery Workers' plurality was more than 1,400.
Furthermore, the procedure followed in the casting of these ballots was
that usually used for challenged ballots. Provisions were made to
allow certain employees who were on strike to vote at the Board's Re-
gional Office, and the ballots of these employees were temporarily
challenged, and placed in an envelope, which was in turn placed in
another envelope on which the voters signed their names. After it
had been ascertained that these employees had not voted at any of the
other polling places, the inner envelopes were removed from the outer
envelopes, the latter were destroyed, and after shuffling the inner
envelopes, they were opened and the ballots they contained were
counted. Thus, the secrecy of the ballot was retained inviolate.
With respect to the second Objection, there has been no unfair labor
practice charge filed with the Board, and the purported "lockout"
appears to be no more than a mere assertion.
I
1 The individual objectant , Cyril F. Reick, appears to be identified with the Teamsters,
inasmuch as the identical objections were submitted jointly by the Teamsters and Cyril F.
Reick, and were signed by one attorney for both.
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the third Objection, replacements of economic strikers were, in
accordance with our usual policy, permitted to vote.
And concerning the fourth Objection, the only union appearing at
the hearing-the Brewery Workers-and the Employers themselves,
agreed to the appropriateness of the unit in which the election was
conducted, and we are satisfied, and hereinafter find, that this unit is
in fact appropriate.
On the basis of the Stipulation, the Tally of Ballots, and the entire
record in the case, the Board makes the following additional Findings
of Fact :
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Employers, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production, maintenance, and delivery, employees of the mem-
bers of the Western Pennsylvania Brewers Association, Pittsburgh
District and Vicinity,2 excluding watchmen, coopers in repair shops,
employees of the Altoona Brewing Company Delivery Department,
employees of Goenner & Company Delivery Department, auto me-
chanics and helpers of the Duquesne Brewing Company, auto me-
chanics of the Sharpsburg plant of the Fort Pitt Brewing Company,
machinists, auto mechanics and helpers of the Iron City plant of the
Pittsburgh Brewing Company, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
Since it appears from the Tally of Ballots that these employees
have selected the Brewery Workers as their bargaining representa-
tive, we shall certify the Brewery Workers in this unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Union of United Brewery,
Flour, Cereal and Soft Drink Workers of America, C. I. 0., and its
Joint Local Executive Board, Pittsburgh and Vicinity, Representing
Locals No . 22, No. 67, and No. 144, has been designated and selected
by a majority of the employees of the above -named Employers, in
the unit hereinabove found by the Board to be appropriate , as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act the said organization is the ex-
clusive bargaining representative of all the employees in such unit
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment , and other conditions of employment.
2 These members are the'Employers listed in the title of the case.