Coca-Cola Bottling Co. of Jamestown

National Labor Relations Board - Board Decisions

Jan 6, 1943

46 N.L.R.B. 799 (N.L.R.B. 1943)

In the Matter of COCA-COLA BOTTLING COMPANY OF JAMESTOWN and
'INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA , LOCAL UNION 116, A. F. OF L.
Case,No. R-4609.-Decided January 6, 1943
Jurisdiction : bottling industry.
Investigation and Certification of Representatives : existence of question : refusal
to allow consent election under Board auspices because allegedly not subject to
Board's jurisdiction ; election necessary.
Unit Appropriate for Collective Bargaining : all inside production workers,
helpers, maintenance workers, drivers, salesmen drivers, and drivers' helpers,
excluding clerical and supervisory employees ; stipulation as to.
Mr. Francis X. Helgesen, for the Board.
Rittgers and Hjellum, by Mr. Harry •E. Rittgers and Mr. John
Hjellum, of Jamestown, N. Dak., for the Company.
Mr. John Jellen, of Jamestown, N. Dak., for the Teamsters.
Mr. Robert Silagi, of eounsel'to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood o£ Team-
sters, Chauffeurs, Warehousemen and Helpers of America,' Local
Union No. 116, A. F. of L., herein called the Teamsters, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Coca-Cola Bottling Company' of Jamestown,
Jamestown, North Dakota, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice -before Stephen M. Reynolds, Trial Examiner. Said hear-
ing was held at Jamestown, North Dakota, on December 1, 1942. The
Board, the Company, and the Teamsters appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.'
'By letter received November 18; 1942, and introduced in evidence at the hearing, the
Teamsters waived its rights to file any protest to an election, if ordered, based upon cer-
tain pending charges of unfair labor practices. -
46 N. L. R. B., No. 86.
799
800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. On December 8, 1942, the Com-
pany filed a brief which has been considered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Coca-Cola Bottling Company of Jamestown, is a North Dakota
corporation having its principal place of business at Jamestown, North
Dakota. It engages in the bottling and distribution of soft drinks,,
known as Coca-Cola and 7-UP. The Company holds a franchise from
the parent Coca-Cola Company under which it has the exclusive right
to sell Coca-Cola products in seven North Dakota counties in the im-
mediate trade territory of Jamestown. In 1941 the Company pur-
chased syrup, crowns, juice, and carbon dioxide gas amounting in value
to $44,928.35, all of which were shipped to it from points outside the
State of North Dakota, Sugar and miscellaneous items amounting
to $6,765.80 were purchased locally. During the same period, the
Company'manufactured 179,730 cases of soft drinks, all of which were
distributed and sold within the State of North Dakota.
On these facts we find, contrary to the contention of the Company,
that its operations constitute commerce within the meaning of the
'A Ct.2
H. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters , Chauffeurs , Warehouse-
men and Helpers of America , Local No. 116 , is a labor organization
affiliated with the American Federation of Labor, admitting to lnem-
bership 'employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 15, 1942,-the Teamsters requested the,Coth-
pany to recognize it as the exclusive representative of the, employees
of the Company for the purposes of collective bargaining; the Com-
pany refused the request unless, in a secret election the Teamsters
demonstrated that it represented a majority of the employees. There-
' See Newport News Shipbuilding & Dry Dock Co, et at. v. N. L. R. B., 101 F. (2d) 841,
-843 (C. C. A. 4) : ' -
"There can be no difference in principle between the case in which manufacture precedes
and that in which it follows interstate commerce . If the flow of commerce is obstructed
by labor disputes , it can make no difference from which direction the obstruction is, applied."
See also Mattes of Durham Pepsi-Cola Bottling Company and International Union of
United Brewery, Flour, Cereal and Soft Drink Workers of America, 40 N. L. R! B. •753,
and cases cited therein.
COCA-COLA BOTTLING COMPANY OF JAMESTOWN 801
after an attempt, to-arrange a consent election to be held under the
auspices of the Board was rejected by the Company because it believed
that it was not subject to the Board's jurisdiction.
A statement of the Trial E.Naminer, introduced in evidence at ' the
hearing, indicates that the Teamsters represents a substantial number
of employees in the unit hereinafter found appropriate.3
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
It was stipulated that the appropriate unit should consist of all
inside production workers, helpers, maintenance workers, drivers,
salesmen drivers, and drivers' helpers, but excluding clerical and
supervisory employees. There was disagreement as to the proper
classification of three employees.
Clarence Fosholdt is classified as an assistant clerk and production
helper on the Company's pay roll. The record indicates that he per-
forms some'clerieal duties in the office in addition to engaging in,pro-
duction work in the plant. We find that Fosholdt is primarily a
production employee, and we shall include him, as such, in the appro-
priate unit.
Wallace F. Christ is classified on the pay roll as a salesman. How-
ever, he has no regular route, but goes out with each of the other
salesmen from time to time to check on their work. He,helps them
with difficult sales, instructs them in the training program purchased
from the parent Coca-Cola Company and receives a straight salary in
excess'of any of the other salesmen. In the absence of the manager of
the Company, he 'takes charge of all outside work.
- John Docktor is classified as a bottler. He directs all inside produc-
tion work in the absence of the-Company's manager. He is a former
salesman who was brought into the plant to replace a foreman who had
left. He is also the highest paid, production worker.
The Company maintains that these two men are not supervisors
who have the right to hire and discharge, and therefore wants them
included in' -the unit. The Teamsters claims that regardless of their
power to hire and- discharge they are supervisors and should be ex-
cluded. Since these men possess authority to give . orders to the
employees under their supervision and to recommend disciplinary
action to the Company's manager, we find that they are part of the
3At the hearing, 17 authorization cards were submitted to the Trial Examiner by the
Teamsters , all of which bore apparently valid signatures Of the 17 cards , 8 had names
listed on the Company 's current pay roll which contained 13 employees in the appropriate
unit The cards were dated 1942, 2 in June, 2 in July, and 1 each in August, September,
October, and November.
504056-43-vol 46-51
802' DECISIONS OF NATIONAL LAB'OR RELATIONS BOARD
supervisory force and accordingly shall exclude them from the appro-
priate unit as supervisors.
We find that all inside production and maintenance employees of
the, Company, including helpers, drivers,-'drivers' helpers, and salesmen.
drivers; but excluding clerical and supervisory employees, 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'concerniiig 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 -Election
,herein, subject to the limitations and additions 'set forth in the
Direction.
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 Relations, -
Board Rules and Regulations-Series 2, as amended, it is hereby
,DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Coca-Cola Bot-
tling Company of Jamestown, Jamestown, North Dakota, 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 Eighteenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Regiila--
tions, among all employees in the unit found appropriate ;iri 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, to determine, whether or not they desire to be represented
by International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local Union No. 116, A. F. of L., for
the purposes of collective bargaining. - -
MR. GERARD D. REmLY took no part in the consideration of the above
Decision and Direction of Election.'