Anderson Boarding & Supply Co.

National Labor Relations Board - Board Decisions

Jun 5, 1944

56 N.L.R.B. 1204 (N.L.R.B. 1944)

In the Matter of BEULAH ANDERSON AND SAM B. DuNHAM, DOING
BUSINESS AS'ANDERSON BOARDING & SUPPLY ' CO.,' AND AMERICAN
POTASH & CHEMICAL CO., A CORPORATION , and INTERNATIONAL UNION
OF MINE, MILL & SMELTER WORKERS, LOCAL 414, C. I.O.
Case No. 21-R-2297.-Decided Jura' e 5, 1944
Mr. J. H. Peckham, of Los Angeles,'Calif., for the Corporation.
Mr. Harry C: Cogen, of Los Angeles, Calif., for the Boarding
Company. k -
Me'ssrs. James Robinson, of Los Angeles, Calif., and William Teel,
of Los Angeles, Calif., for'the C. I. O:
Messrs. Walter Cowan and IrvantJ. Cary, of Los Angeles, Calif.,
for the A. F. of L.
Mr. William Whitsett, of-counsel to the,Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill &
Smelter Workers, Local 414, C. I. 0., herein called the C. I. 0., alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Anderson Boarding & Supply Com-
pany, herein called the Boarding Company, the National Labor Rela-
tions Board provided for an appropriate hearing,, upon. due. notice.
before William B. Esterman, Trial Examiner. Said hearing was held
at Los Angeles, California, on April 26, 1944. At the hearing the
Trial Examiner granted the motion of the C. I. O. to amend the
designation of the Boarding Company to include the names of its
partners and to add the name of the American Potash & Chemical Co.,
a corporation, herein called the Corporation, as coemployer.l The
Trial Examiner likewise granted a motion of Culinary Workers and
Bartenders Local 572, AFL, herein called the A. F. of L., to ,inter-
- ' The Boarding Company and the Corporation are,, herein sometimes collectively called
the Companies.
56 N. L. R. B., No. 215.
1204
ANDERSON BOARDING & SUPPLY CO. 1205
vene. The Boarding Company, the Corporation, the C. I. 0., and the
A. F. of L. appeared and participated. All parties were afforded, full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce' evidence-'bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are'
hereby affirmed. All parties were afforded an opportunity to. file
briefs with the Board. '
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES ,
The Boarding Company, a partnership with its principal office and
warehouse at Los Angeles, California, is engaged in the business of
industrial feeding and operates restaurants in and about industrial
and military establishments in Arizona, Utah, Colorado, and Cali-
fornia. At''the Trona, California, operation, the only one here con-
cerned, the Boarding Company employs approximately 110 persons.
'Total' purchases by the Boarding Company during 1943 were in excess
of $750,000. Total sales for 1943, were in excess of $2,600,000 ; of that
amount approximately $475,000, represented business done at Trona.
During the same year the Boarding Company in the usual course of
its business -transported from its California warehouse to its Arizona
operations food stuffs and material valued at $50,000. '
We find that the Boarding Company is engaged in commerce within
the meaning of the National Labor Relations Act.
The Corporation is engaged in the manufacture of potash, boric
acid, borax,,soda ash, and sodium sulphate from brine extracted from
Searles Lake at Trona, California. Total purchases -for the operation
of its California plant during 1943 were in excess of $1,300,000 of
which more than $159,000 represented purchases made outside the
State. During the same period more than 90 percent of its total sales
of more than 280,000• tons of finished products was sold and shipped
outside the State.
The Corporation admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
The Corporation contends that it is not an employer of the employees
involved in this proceeding., There is a written agreement between
the Companies whereby the Boarding Company, which furnishes food
and drinks to employees of the Corporation, is guaranteed a minimum
-monthly, profit-of' $1,000, with the Corporation making up the loss
when the profit is less and evenly dividing, the excess. Under this
agreement the Boarding Company agrees "not to have or keep in its
employ any person objectionable, for any reason ,, to Corporation."
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Whereas the employees involved in this, proceeding have in practice
been hired, paid, and supervised by the Boarding Company, in view
of the agreement, which, among other things,, gives the Corporation
absolute control over the hire and discharge of employees, we find
that the Corporation is also an employer within the meaning of Section
2 (2) of the Act, of the, employees involved herein 2
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill.& Smelter Workers, Local 414,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company-
Culinary -Workers and Bartenders Union, Local 572, affiliated with
Hotel and Restaurant Employees' International Alliance and Bar-
tenders International League of America, is a labor organization ad-
mitting to membership employees of the Company.,
III. THE QUESTION CONCERNING REPRESENTATION
The Boarding Company has refused to grant recognition to the
C. I. O: "as the exclusive bargaining representative of its employees
until the C. I. O. has been certified by the Board in an appropriate
unit. '
A statement of a Board agent, introduced into- evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the' unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
ing. of Section 9 (c) and Section 2 (6), and (7) of the Act.
The A. F. of L. claims an interest in this proceeding growing out
of, its alleged organizational activity among the employees since
1941. However, after. ample notice, it failed,to make ,any showing
that it-represented any ' employees in the unit • herein ' found ' to be
appropriate. The evidence as to its organizational activity in this
case is insufficient to warrant the 'granting of its request that it be
placed, on the.ballot.
IV., THE APPROPRIATE UNIT
The' unit sought by the' C. I. O.' is a' functionally, and adminis-
tratively- integrated' group , of employees separately housed and en-
2 Matter of Bethlehem -Fairchild Shipyard, Incorporated , and M & M Restaurant Operat;
my Company , Inc, 53 N. L R . B. 261. "
"The Field Examiner reported that the C . 1:0. submitted 65 cards '; that the names
of 41 persons appearing' on the cards were listed on' the Boarding Company's pay roll'of
February 24, 1944, which contained the names of 163 employees in,the appropriate, unit;
'and that 64 cards were dated between January and March 1944, while 1 card was undated.
ANDERSON BOARDING & SUPPLY CO. 1207
gaged, in similar pursuits for the primary purpose of furnishing
food and-drink to industrial workers. The Companies do not dispute
the appropriateness of the unit sought by the C. I. O.
We find that all employees on the pay roll of the Anderson Board-
ing and Supply Company employed in and about the mess hall,
coffee shop, cocktail lounge,-patio, and kitchens operated in connec-
tion therewith at Trona, California, including bakers, bartenders,
bus boys, butchers, chefs, cooks, dish washers, fountain help, head
waiters, pantry men, porters, pot washers, utility men, yegetable
men, waiters and waitresses, but excluding cashiers, mess hall stew -
ai ds, chief stewards, managers, assistant managers, floor managers,
and all other 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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which-
has arisen be resolved by an election by secret ballot among the' em-
ployees in the appropriate unit who were employed during the pay-
roll period inunediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set, forth
in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 ( c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Anderson Board-
ing & Supply Company and American Potash & Chemical Company,
Trona, California , an election by secret , ballot shall be conducted 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 Twenty-first Region, acting in' this matter as agent
for the National Labor Relations Board and subject to Article III,
Sections 10 and 11, of said Rules and Regulations , among the em-
ployees 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
1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
during said pay-roll period because they - were ill or on vacation or
temporarily laid off , and including employees in the armed forces
of the United States who present themselves in person at the polls,
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 to determine whether or not they desire to be repre-
sented by International Union of Mine, Mill •& Smelter Workers,
Local 414, C. I. 0., for the purposes of collective bargaining.
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