Fox & Ehrlich

National Labor Relations Board - Board Decisions

Feb 24, 1949

81 N.L.R.B. 1014 (N.L.R.B. 1949)

In the Matter of Fox & EHRLICH, EMPLOYER and IRVING ROTH, PETI-
TIONER and LOCAL 816, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,.
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.,,
UNION
Case No. 2-RD-56.-Decided February 24, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner, an employee of the Employer, asserts that the
Union is no longer the bargaining representative of the employees of
the Employer as defined in Section 9 (a) of the Act.
The Union, a labor organization affiliated with the American Feder-
ation of Labor, is recognized by the Employer as the exclusive bargain-
ing representative of the employees here involved.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act."
*Chairman Herzog and Members Houston and Murdock.
i The Union contends that its contract with the Employer, executed on September 13,
1948, and effective until August 31, 1950, is a bar to this proceeding An earlier contract
between the same parties expired on August 31, 1948. Inasmuch as the instant petition
was filed on July 20, 1948, prior to the execution of the current contract, the Union's con-
tention is without merit.
81 N. L. R. B., No. 154.
1014
FOX & EHRLICH 1015
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All truck drivers, excluding helpers, the foreman, supervisors as
defined in the Act, and all other employees.2
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Second Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, as amended, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by Local 816,3 International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, A. F. of L.
2 This is the unit covered by the Union ' s present contract with the Employer.
3 Although the petition herein named Local 807, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America , A F. of L., as one of the "in-
terested parties" ' in this proceeding , Local 807 has never been certified for, and is not
currently recognized as the representative of, the employees Involved herein.