Coca-Cola Bottling Co.

National Labor Relations Board - Board Decisions

Feb 21, 1944

54 N.L.R.B. 1539 (N.L.R.B. 1944)

In the Matter of W. B. CONWAY, D/B/A COCA-COLA BOTTLING COMPANY
and BREWERY & SOFT DRINK WORKERS UNION, LOCAL # 133, AFFILI-
ATED WITH INTERNATIONAL UNION OF UNITED , BR.`WERY FLOUR,
CEREAL & SOFT DRINK WORKERS OF AMERICA and GENERAL DRIVERS
LOCAL UNION No. 288 AND No. 346 OF THE INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS ,.WAREHOUSEMEN AND HELPERS OF
AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. 18-RE-II.-Decided February 21, 1944
Messrs. W. B. Conway, W. A. Metzger, and Thomas M. McCabe, all
of Superior, Wis., for the Company.
Mr. Dan E. McIver, of Superior, Wis., for Local 133.
Mr. Al Ber nacki, of Superior, Wis., and Mr. Edwin A. Marien, of
Duluth, Minn ., for the Brotherhood.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by W. B. Conway, doing business as
Coca-Cola Bottling Company, Superior, Wisconsin, herein called the
Company, alleging that a question affecting -commerce had arisen
concerning the representation of its employees, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Francis X. Helgesen, Trial Examiner. Said hearing was held
at Superior, Wisconsin, on January 6,1944. The Company, Brewery &
Soft Drink Workers Union, Local #133, affiliated with International
Union of United Brewery, Flour, Cereal & Soft Drink Workers of
America, herein called Local 133, and General Drivers Local Union
No. 288 and No. 346 of the International Brotherhood of Teamsters,
Chauffeurs,, Warehousemen and Helpers of America,, affiliated with
the American Federation of Labor, herein collectively called the
Brotherhood and individually called Local 288 and Local 346, appeared
and participated. All parties were afforded an opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
54 N. L . R. B., No. 245.
1539
1540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dente bearing on the issues. The Trial Examiners 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
1. THE BUSINESS OF THE COMPANY
W. B. Conway, doing business as Coca-Cola Bottling Company, is
engaged at Superior, Wisconsin, in bottling and distributing soft
drinks. Substantially all of the materials used by the Company dur-
ing 1943, valued in excess of $146,000, were brought into Wisconsin
from points outside that State. All of the Company's sales during
1943 were made within the State of Wisconsin. -
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Brewery & Soft Drink Workers Union, Local #133, affiliated with
International Union of United Brewery, Flour, Cereal & Soft Drink
Workers of America, and General Drivers Local Union No. 288 and
No. 346 of the International Brotherhood of Teamsters,- Chauffeurs,
Warehousemen and Helpers of America, affiliated with the American
Federation of Labor, are labor organizations, the first two admitting
to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
Since June 1942 Local 288 has on frequent occasions requested the
Company to recognize it as the exclusive bargaining agent of its em-
ployees, Local 133 has likewise claimed to represent the Company's
employees, and urges that a contract between it and the Company is a
bar to this proceeding. A collective agreement between the Company
and Local 133, signed on February 26, 1941, and containing an annual
self-renewal provision conditioned upon the failure of either party
to serve notice of desired change 45 days before the annual expiration
date of the contract, was extended by the parties on June 10, 1942,
"until a proper legal determination has been made,as to the bargain-
ing agent for the employees referred to herein." There is no other
contract in existence between Local 133 and the Company. We find
that the February 26, 1941, contract and its extensions as presently
I Local 346 has indicated that it has no interest in representation of the Company'.
employees.
COCA-COLA BOTTLING COMPANY 1541
effective constitute no bar to our determination of representatives at
the present time.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that Local 288 and Local 133 both represent substantial
numbers 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, in substantial agreement with a stipulation of the parties,
that all employees of the Company, excluding clerical employees 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, 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 immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.,,
The parties are in disagreement as to the eligibility to vote of em-
ployee N. Moriarity, a part-time worker. Moriarity is a high school
student spending 12 to 16 hours a week, 6 days a week, performing
the same functions as do other employees included in the unit. The
sole distinction between Moriarity and the others is in the number of
hours spent at work. Moriarity has a substantial interest in the wages,
hours, and working conditions at the Company. He is to be included
among the employees in the appropriate unit eligible to participate
in the election.
Y The Regional Director reported that Local 133 submitted 17 authorization cards all of
which bore apparently genuine original signatures ; that the names of 7 persons appearing
on the cards were listed on the Company 's pay roll of December 10, 1943, which contained
the names of 17 employees in the alleged appropriate unit ; that Local 288 submitted 17
membership application cards all of which bore apparently genuine original signatures ;
that the names of 10 persons appearing on the cards were contained in the aforesaid pay
roll.
2 Local 133 asks that the date of the hearing be used to determine eligibility for voting in
the election . We have considered Local 133's request and conclude that no cogent reason
is shown requiring deviation from our normal policy with respect to the eligibility date.
1542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 W. B. Conway,
d/b/a Coca-Cola Bottling Company, Superior, Wisconsin, 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 direc-
tion and supervision of the Regional Director for the Eighteenth
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 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 person
at the polls, but excluding those employees who have since quit or been
discharged for cause and have nQt been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by Brewery & Soft Drink Workers Union, Local #133, affili-
ated with International Union of United Brewery, Flour, Cereal
& Soft Drink Workers of America, or by General Drivers Local Union
No. 288 of the International Brotherhood of Teamsters, Chauffeurs,
Warehousemen-and Helpers of America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.