Certified Products Co.

National Labor Relations Board - Board Decisions

Aug 8, 1945

63 N.L.R.B. 225 (N.L.R.B. 1945)

In the Matter Of JEROME C. ARD AND ELIZABETH D. ARD, A PARTNER-
SILIP DOING BUSINESS AS CERTIFIED PRODUCTS COMPANY and INTER-
NATIONAL BROTI-TERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS, AFL, LOCAL #612
Case No. 10-R-1415.-Decided August 8, 1945
Mr. Jerome C . Ard, of Birmingham , Ala., for the Company.
Messrs. M. B. Scarbrough and R . A. Borden, of Birmingham, Ala.,
for the Teamsters.
Mr. William W. Cherry and Miss Margaret Karch, of Birmingham,
Ala., for the C. I. O.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers, Local #612, affili-
ated with the American Federation of Labor, herein called the Team-
sters, alleging that a question affecting commerce had arisen concerning
the representation of employees of Jerome C. Ard and Elizabeth D.
Ard, It partnership doing business as Certified Products Company,
Birmingham, Alabama, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before T. Lowry Whittaker, Trial Examiner. Said hearing was held
at Birmingham, Alabama, on May 29 and 30, 1945. At the hearing
the Trial Examiner granted a motion to intervene made by United
Retail, Wholesale and Department Store Employees of America, Local
261, affiliated with the Congress of Industrial Organizations, herein
called the C. I. O. The Company, the Teamsters, and the C. I. O.
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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.
63 N. L. R. B., No. 32.
225
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
' Jerome C. Ard and Elizabeth D. Ard, a partnership doing business
as Certified Products Company, with its principal office and place of
business located at Birmingham, Alabama, is engaged in the manu-
facture, sale, and distribution of milk cases, and the sale and distri-
bution of dairy and creamery supplies, janitor supplies, and household
appliances. During the 12 months preceding May 1945, the Company
purchased for the manufacture of milk cases, principal raw materials
consisting of steel, lumber, and rivets, valued in excess of $40,000, ap-
proximately 25 percent of which originated from points outside the
State of Alabama. During the same period it manufactured milk cases
valued in excess of $200,000, approximately 85 percent of which was
shipped to points outside the State of Alabama. During the 12 months
preceding May 1945, the Company purchased for its dairy and cream-
ery division, janitor supplies division, and household appliances divi-
sion, supplies valued in excess of $100,000, approximately 65 percent
of which originated outside the State of Alabama. During the same
period, it sold from these divisions, articles valued in excess of
$150,000 approximately 20 percent of which was shipped to points
outside the State of Alabama. Approximately 50 percent of the Com-
pany's business is classified as essential war industry.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers, Local #612, affiliated with the American Federa-
tion of Labor, is a labor organization admitting to membership em-
ployees of the Company.
United Retail, Wholesale and Department Store Employees of
America, Local 261, affiliated with the Congress of Industrial Organ-
izations, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
About January 15, 1945, the Teamsters requested the Company to
recognize it as the exclusive bargaining representative of the em-
ployees in the milk case division. Because of an existing,' contract
with the C. I. O., the Company refused to grant the Teamsters recog-
nition until it was certified by the Board.
CERTIFIED PRODUCTS COMPANY 227
The contract between the Company and the C. I. 0. was entered
into on September 18, 1944, and was to remain in effect until August
29, 1945, and from year to year thereafter. It provided, however,
that after August 29, 1945, either party might terminate the contract
upon 15 days written notice. Thus, the initial term of the contract
is about to expire, and the contract will then become terminable upon
notice. Accordingly, we find that the contract does not constitute a
bar to a present determination of representation.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Teamsters represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with a stipulation of the
parties, that all employees in the Company's milk bottle case manu-
facturing department,3 excluding foremen, the superintendent, the
assistant to the president, officials, 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 collec-
tive 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 immediately preceding the date of the Direction of Elec-
Evidence was introduced at the hearing indicating that the employees involved ap-
proved the contract under a misunderstanding as to the wage rates and vacation pro-
visions acceptable to the National War Labor Board Thereafter , when the employees
obtained information correcting their misunderstanding , they withdrew from the C. I O.
and affiliated with the Teamsters . In view of our above finding with respect to the dura-
tion of the contract, we consider it unnecessary to determine the effect upon the contract
of the misunderstanding of the employees and their change in affiliation.
The Field Examiner reported that the Teamsters submitted 46 application cards dated
February 1945; that the names of 41 persons appearing on the cards were listed on the
Company's pay roll of January 23, 1945; and that there are 43 employees in the appro-
priate unit.
The C. I O. relies upon its contract to establish its interest in the proceeding.
3 The milk bottle case manufacturing department is located in a separate building from
tha other departments and is under the separate supervision of a superintendent who is
subject only to the president of the Company and his assistant.
This unit is substantially the same as that covered in annual contracts with the
C. I. O. since 1940.
662514-46-vol. 63-16
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion herein, subject to the limitations and additions set forth in the
Direction.5
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as-part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jerome C. Ard
and Elizabeth D. Ard, a partnership doing business as Certified Prod-
ucts Company, Birmingham, Alabama, 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 super-
vision of the Regional Director for the Tenth Region, acting in this
matter as agent for the National Labor Relations Boardz and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
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 the 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 any 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 Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, Local Union #612, A. F. of L., or by United
Retail, Wholesale and Department Store Eniployees of America,
Local 261; C. I. 0., for the purposes of collective bargaining, or by
neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
5 As stated above , the employees involved herein, who comprised one division of Local
261, C. I. 0, which exercises jurisdiction over all workers employed in the wholesale and
warehouse industries in the city of Birmingham, Alabama, transferred their affiliation to
the Teamsters about December 31, 1944. It appears, however, that Local 261 is still
functioning as a labor organization and is capable of representing the employees. We
shall accord it a place on the ballot.