Geo. J. Renner Brewing Co.

National Labor Relations Board - Board Decisions

Oct 19, 1948

79 N.L.R.B. 1449 (N.L.R.B. 1948)

In the Matter of GEO. J. RENNER BREWING COMPANY AND BURKHARDT
BREWING COMPANY, EMPLOYERS and BREWERY WORKERS UNION,
LOCAL No. 17, BRANCH 2, INTERNATIONAL UNION OF UNITED
BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS
OF AMERICA, C. I. 0., PETITIONER'
Case No. 8-RC-108.-Decided October 19, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing in this case was held at Akron,
Ohio, on May 13, 1948, before Philip Fusco, hearing officer 2 The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed 3
Upon the entire record in the case, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner is a labor organization, affiliated with the Con-
gress of Industrial Organizations, claiming to represent employees
of the Employers.
Truck Drivers Local Union No. 348, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America,
A. F. L., herein called the Intervenor, is a labor organization, affiliated
with the American Federation of Labor, claiming to represent em-
ployees of the Employers.
Summit County Brewers and Distributors Association, herein called
the Association, is a voluntary unincorporated association of the
i The names of the parties appear in the caption as amended at the hearing.
3 By order of the Board , dated May 11, 1948, the instant case was consolidated with
Cases Nos . 8-RC-155 and 8-RC-156, filed by Truck Drivers Local Union No. 348, Interna-
tional Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of America,
A. F. of L., the Intervenor herein . Hearing was held on the consolidated cases. After
the close of the hearing , by order of the Board dated June 21 , 1948, Cases Nos. 8-RC-155
and 8-RC-156 were severed from the instant case. The petitions in those two cases were
withdrawn and the cases were closed.
3 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 [Houston , Murdock, and Gray].
79 N. L. R. B., No. 198.
1449
1450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
brewers (the Employers herein) and distributors in Summit County,
Ohio. The Association moved to intervene generally in this proceed-
ing. The hearing officer granted this motion.
3. No question of representation exists concerning the representa-
tion of employees of the Employers, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Petitioner has represented the inside workers 4 of the Employers
for 13 years. The Intervenor has represented and has negotiated with
the Association for the local truck drivers and helpers of the Employ-
ers for at least a decade.' The Petitioner and the Intervenor stipu-
lated that none of their contracts constitute a bar to this proceeding;
the Employers and the Association made no contention but left the
contract bar question to determination by the Board. The facts show
that, under established Board precedent, the contracts of the Inter-
venor and the Employers do not constitute a bar to this proceeding.6
The Petitioner herein sought only a unit composed of truck drivers
and helpers of the Employers.? At the hearing, however, the Petitioner
contended that the inside workers and the outside workers of the Em-
ployers together constitute an appropriate unit, or, in the alternative,
4 The parties stipulated that the inside workers include : All employees of the bottling,
brewing, and shipping departments , including employees engaged in shipping , stacking,
loading, and unloading from within the plant and to and from the platform, and all em-
ployees engaged in the loading and unloading of railroad cars and trucks coming into the
dock in the plant, and also including maintenance men, greasers , and oilers confined to
said bottling and shipping departments , but excluding truck drivers and truck drivers'
helpers, office and clerical employees , garage mechanics , engineers , firemen , and mainte-
nance men in units now represented by the International Union of Operating Engineers,
and guards , professional employees , and supervisors.
5 Each member of the Association enters into separate but identical contracts with the
Intervenor ; however, the contracts with the Employers cover only local truck drivers and
helpers, while the contracts with the distributors cover warehousemen as well.
The Intervenor having withdrawn its petition in Cases Nos . 8-RC-155 and 8-RC-156,
in which it had sought units of inside workers, we find it unnecessary to rule upon any
contract covering inside workers in effect between the Petitioner and the Employers. The
Intervenor 's contracts with the Employers on behalf of the local truck drivers and helpers
became effective on February 15, 1947 , for a period of 1 year , and contained an automatic
renewal clause for an additional year unless terminated by written notice 30 days before
the end of the term. By letter dated December 8, 1947 , the Intervenor reopened the con-
tracts. The Petitioner made a demand for recognition on March 8 , 1948, and the petition
herein was filed on March 10, 1948. On March 11, 1948, the Intervenor and the Employers
signed new contracts resulting from oral agreements reached sometime between March
5 and March 11. We find that these contracts do not constitute a bar to this proceeding.
Matter of Eicor, Inc., 46 N. L. It. B. 1035.
The Intervenor and the Employers entered into separate and individually different con-
tracts with respect to the over-the-road truck drivers. The termination clauses and contract
periods were similar to the contracts covering the local drivers . The letter of December 8,
1947, mentioned above, also reopened these contracts . A renewal contract was negotiated
with one of the Employers , Geo. J . Renner Brewing Company, on April 30, 1948, but, at
the time of the hearing , negotiations with the other Employer , Burkhardt Brewing Com-
pany, were still proceeding We find that the Intervenor ' s contract with Geo. J . Renner
Brewing Company is not a bar to this proceeding.
These employees are referred to herein as "outside workers."
GEO. J. RENNER BREWING COMPANY 1451
that separate units of the inside workers and of the outside workers of
the Employers are appropriate.8 At the hearing, and while its peti
tions for separate units of inside workers of the Employers were still
pending, the Intervenor primarily contended that the only appropri-
ate unit was an Association-wide unit covering the outside workers of
the Employers as well as the drivers, helpers, and warehousemen of the
distributors, or, in the alternative, that separate units of the inside
workers and of the outside workers of the Employers were appropriate.
The Employers and the Association made no unit contentions except
that one of the Employers, Geo. J. Renner Brewing Company, sug-
gested the inclusion of the over-the-road drivers 9 with the local truck
drivers.
In view of the past bargaining history on an Association-wide basis,
we find the Association-wide unit appropriate. As the unit sought
by the Petitioner is limited to truck drivers and helpers of the Em-
ployers, it is not appropriate for collective bargaining purposes, and we
shall therefore dismiss the petition io
ORDER
The National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives of employees of
Geo. J. Renner Brewing Company and Burkhardt Brewing Company,
Akron, Ohio, filed by Brewery Workers Union, Local No. 17, Branch
2, International Union of United Brewery, Flour, Cereal, Soft Drink
and Distillery Workers of America, C. I. 0., be, and it hereby is, dis-
missed.
6 The Petitioner 's contentions with respect to the inside workers were made to counter
the petitions of the Intervenor seeking separate units of inside workers of the Employers
Our previous dismissal of the Intervenor 's petitions renders it unnecessary to pass upon
the Petitioner 's contentions with respect to units involving inside workers . Matter of
Owens -Corning Fiberglas Corporation , 79 N. L . R. B. 594.
6 These drivers are also referred to in the record as long distance drivers. In view of
our dismissal of the petition herein we need not pass upon this contention.
10 Matter of Cloth Laying Appliances Corporation , 78 N. L R . B. 785 ; Matter of Coeur
d'Alene Mines Corporation , 77 N. L. R B. 570. Our decision herein in no way prejudices
the right of any of the parties to file a petition in its own behalf for the employees whom
it claims to represent in an appropriate unit.