Canada Dry Ginger Ale, Inc.

National Labor Relations Board - Board Decisions

Dec 31, 1946

71 N.L.R.B. 1325 (N.L.R.B. 1946)

In the Matter of CANADA DRY GINGER ALE, INCORPORATED, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CIIAUFFEURS,
WAREHOUSEMEN AND HELPERS of AMERICA, LOCAL No. 896, A. F.' L.
and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL,
AND SOFT DRINK WORKERS OF AMERICA, LOCAL No. 293, C. I. O.
In the Matter of CANADA DRY GINGER ALL, INCORPORATED, EMPLOYER
and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL,
AND SOFT DRINK WORKERS OF AMERICA, LOCAL No. 293, C. I. 0.,
PETITIONER
Cases Nos. 21-RE-33 and 21-R 3626, respectively.-Decided
December 31, 1946
Mr. J. N. McRoberts, of Los Angeles, Calif., for the Employer.
Katz, Gallagher ct Margolis, by Mr. J. T. McTernan, of Los An-
geles, Calif., for the Petitioner.
Mr. P. H. McCarthy, of San Francisco, Calif., for the A. F. L.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon petitions duly filed, a hearing in the above consolidated cases
was held at Los Angeles, California, on October 7 and 21, 1946, before
David Aaron, hearing officer. The hearing officer'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
I. THE BUSINESS OF THE EMPLOYER
Canada Dry Ginger Ale, Incorporated, is a Delaware corporation
engaged in various parts of the United States in the manufacture,
sale and distribution of carbonated beverages and syrups . This pro-
ceeding involves only the Employer's plant at Los Angeles, California.
Annually, the Employer purchases for this plant raw materials valued
71 N. L . R B., No. 209
1325
11326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In excess of $500,000, of which approximately 30 percent is received
from points outside the State of California. The annual sales from
this plant are in excess of $500,000, and approximately 25 percent
.of such sales is made to customers located at points outside the
State of California.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local No. 896, herein called A. F. L.,
is a labor organization affiliated with the American Federation of
-Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRE SENTATION
The Employer refuses to recognize the Petitioner or the A. F. L.
as the exclusive bargaining representative of employees of the Em-
ployer until 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
We find, substantially in accord with the agreement of the parties,
that all the employees at the Employer's plant located at 4501 District
Boulevard, Los Angeles, California, excluding all drivers, drivers'
helpers, car washers, office and clerical employees, salesmen, engineers,
automobile mechanics, 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, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Canada Dry Ginger Ale. In-
corporated, Los Angeles, 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 mat-
CANADA DRY GINGER ALE, INCORPORATED 1327
ter as agent for the National Labor Relations Board, and subject to
Sections 203.55 and 203.56, of National Labor Relations Board Rules
and Regulations-Series 4, 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, 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 they desire to be
represented by International Union of United Brewery, Flour, Cereal,
and Soft Drink Workers of America, Local No. 293, C. I. 0., or by In-
ternational Brotherhood of Teamsters, Chauffeurs, Warehousemen,
and Helpers of America, Local No. 896, A. F. L., for the purposes of
collective bargaining, or by neither.
717734-47-vol. 71-85