Anheuser-Busch, Inc.

National Labor Relations Board - Board Decisions

Feb 18, 1949

81 N.L.R.B. 853 (N.L.R.B. 1949)

In the Matter of ANHEUSER-BUSCH, INC., EMPLOYER and INTERNA-
TIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK AND
DISTILLERY WORKERS OF AMERICA, C. I. 0., LOCAL UNIONS Nos. 227
AND 293 THEREOF," PETITIONER
Case No. 01-R '88. Decided February 18,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer 's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed 2
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.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
' The name of the Petitioner appears as amended at the hearing.
2 The Petitioner appeared specially at the hearing and moved for an adjournment sine die
or, in the alternative , a continuance for 2 weeks on the grounds that ( 1) the General
Counsel had not acted upon the Petitioner 's appeal from the Regional Director' s refusal to
issue a complaint in Case No 21-C-3062, involving the Employer; (2) the Petitioner had
acted in reliance upon an assumption that the hearing would not be held in view of the
circumstances mentioned above; ( 3) Petitioner 's counsel could be present at the hearing
only for a brief period because of other conflicting engagements ; and (4 ) the Petitioner
had understood that the Employer would not object to a continuance . Upon the objections
of the Employer and the Intervenor , the hearing officer denied the motion.
Under the circumstances of this case , including adequate notice of hearing to the
Petitioner and the fact that the General Counsel sustained the Regional Director 's refusal
to issue a complaint , we believe that the hearing officer 's refusal to adjourn or continue the
hearing was not such an abuse of his discretion as, to constitute prejudicial error. More-
over, a representative of the Petitioner was present throughout the hearing and, at all
times, was , afforded opportunity to participate therein. See Matter of National Chair Com-
pany, Inc., 74 N. L. R. B 1014 ; Matter of American Oil Company , 72 N. L R. B. 1151;
Matter of Marcellus M. Murdock 67 N. L R B 1426; Matter of National Mineral Co., 39
N. L. R B 344; and Matter of Marks Products Co., Inc., 28 N. L. R B. 334.
*Chairman Herzog and Members Reynolds and Gray.
81 N. L. R. B., No. 128. 853
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
All employees in the Employer's plant located at 1630 South Soto
Street, Los Angeles, California, employed as truck drivers, chauf-
feurs, helpers, bottlers, and shipping clerks, but excluding office and
clerical employees, salesmen, professional employees, guards, and
supervisors as defined in the Act.
DIRECTION OF ELECTION 4
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 Twenty-first Region, and sub-
ject 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 in paragraph numbered 4, above, who
were, employed during the pay-roll period immediately preceding the
date 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining,
by International Union of United Brewery, Flour, Cereal, Soft Drink
and Distillery Workers of America. C. I. 0., or by Brewery Workers,
AFL, or by neither.
3 At the hearing , the Joint Local Executive Board of California, A. F. L , herein called
the Intervenor , moved to dismiss the petition on the ground that the Petitioner no longer
desired an election . The Intervenor , in support of its motion , relied upon the Petitioner's
request for an adjournment sine die or a continuance , discussed above. We find no merit
in the Intervenor 's contention . Accordingly , the motion is denied.
We also find no merit in the Intervenor 's contention that the Petitioner has not complied
with the Provisions of Section 9 (h) of the Act . Both locals constituting the Petitioner
and their International organization are, and at the time of the hearing were, in compli-
ance with the provisions of Section 9 (f), (g), and ( h) of the Act.
4 Any participant in the election herein may, upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.
The requests of the Petitioner and the Intervenor to be designated on the ballot as
International Union of United Brewery, Flour , Cereal, Soft Drink and Distillery Workers
of America , C I. 0., and as Brewery Workers , AFL, respectively , are hereby granted See
Matter of Acme Brewing Company , 72 N. L. R B 1005 , 1014-15