Berg's Bretzels, Inc.

National Labor Relations Board - Board Decisions

Aug 5, 1946

69 N.L.R.B. 1182 (N.L.R.B. 1946)

In the Matter of BERG 'S BRETZELS , INC., EMPLOYER and LOCAL No.
422, UNITED CONSTRUCTION WORKERS, AFFILIATED WITH UNITED
MINE WORKERS OF AMERICA (AFL), PETITIONER
Case No. 8-R-,2121.-Decided August 5, 1946
Messrs. Ralph B. Kennedy, of Leetonia, Ohio, and Mr. Laurence
Birck, of Alliance, Ohio, for the Employer.
Mr. Peter Ferraro, of Indiana, Pa., and Mr. E. F. Rouse, of Lee-
tonia, Ohio, for the Petitioner.
Mr. Emil C. Farkas, of counsel for the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Lisbon,
Ohio, on June 11, 1946, before George F. Hayes, Trial Examiner.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Berg's Bretzels, Inc., is an Ohio corporation with its office and two
plants located in Leetonia, Ohio. It is engaged in the production of
pretzels, potato chips, and giant rod pretzels, and the distribution of
cheese corn, french fried corn, beverage sticks, noodles, ice cream
cones, and large twisted pretzels. Approximately 50 percent of its
raw materials, including cellophane, waxed bags, cans, sugar , shorten-
ing and flour, is purchased from sources outside the state of Ohio.
Total sales during the year 1945 amounted to approximately $200,000,
approximately 25 percent of which was made to customers located
outside the State.
The Employer admits and we find that it is engaged in commerce
with the meaning of the National Labor Relations Act.
69 N. L. R. B., No. 142.
1182
BERG ' S BRETZELS , INC. 1183
If. THE 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 REPRESENTATION
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.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties , we find that all
production and maintenance employees at the Employer 's two Lee-
tonia , plants , excluding office employees , truck drivers , and all super-
visory 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 approproate for the
purposes of collective bargaining with the meaning of Section 9 (b)
of the Act.
V. THE DETF:RDIINATION OF REPRESENTATIVES
The Employer contends that no election should be directed at this
time because it expects to expand its present staff of 72 employees to
approximately 250 employees , within the next few months.
It appears that the plants are now in production and that there
is a substantial number of employees presently on the pay roll, who
constitute a fair cross section of those who will be ultimately employed.
Under these circumstances , we do not believe these employees should
be deprived of the benefits of collective bargaining pending the em-
ploy ment of the expected expanded production force.
Inasmuch as the Employer 's plant expansion may triple the num-
ber of production and maintenance employees , within a comparatively
short time, we shall not , in the event a collective bargaining repre-
sentative is certified as result of this proceeding , adhere to our usual
rule of refusing to entertain a petition for investigation and certifi-
cation of representatives within 1 year after we have issued a
certification . We shall , instead, entertain a new petition for an in-
vestigation and certification of representatives affecting the employees
involved herein within less than a year , but not before the expiration
of 6 months from the date of any certification we may issue in the in-
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stant proceeding upon proof (1) that the number of employees in
the appropriate unit is more than double the number eligible to vote
in the election hereinafter directed; and (2) that the Petitioner
represents a substantial number of employees in the expanded appro-
priate unit..'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Berg's Bretzels, Inc., Leetonia,
Ohio, 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
Eighth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
National 'Labor Relations Board Rules and Regulations-Series 3,
as amended, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately 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, and including employees in
the armed forces of the United States who present themselves in per-
son 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 de-
sire to be represented by Local No. 422, United Construction Workers,
affiliated with United Mine Workers of America (AFL), for the pur-
poses of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.
' See Matter of Adler Metal Products Corp. , 67 N. L. R.B. 328 ; Matter of Tuttle Silver
Company, Inc., 66 N. L. It. B. 238; Matter of The General Tire and Rubber Company, 63
N. L. It. B, 182.