H. P. Hood & Sons, Inc.

National Labor Relations Board - Board Decisions

Sep 15, 1967

167 N.L.R.B. 437 (N.L.R.B. 1967)

H. P. HOOD & SONS , INC 437
H. P. Hood& Sons, Inc. and Milk Wagon Drivers
and Creamery Workers' Union Local 380, af-
filiated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of
America , Petitioner . Case 1-RC-8961
September 15, 1967
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND BROWN
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held on May 19, 1966, before Hearing
Officer Robert C. Rosemere. The Hearing Officer's
rulings made at the hearing are free from prejudicial
error and are hereby affirmed. The parties stipu-
lated the incorporation of the entire record of cer-
tain other proceedings,' including the briefs and
statements of position filed therein.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the pur-
poses of the Act to assert jurisdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning the representation of certain employees of
the Employer within the meaning of Section 9(c)(1)
and Section 2(6) and (7) of the Act.
4. The parties agreed, and we find, that the unit
appropriate for bargaining is: All vehicle main-
tenance employees, including working foremen,
employed by the Employer at its Region 1 garage
locations comprising Charlestown, Lynn, Bridge-
water, Salem, Quincy, Norwood, Natick, and
Watertown, Massachusetts; excluding all office
clerical employees, professional employees, guards,
and supervisors as defined in the Act.2
5. The Employer does not contest Petitioner's
status as a "labor organization" generally, under the
Act. However, it does contend that Petitioner is
disqualified from representing the employees
sought here because of an asserted conflicting
financial interest. The alleged conflict arises from
certain loans from the Teamsters Central States,
Southeast and Southwest Area Pension Fund to
Whiting Milk Company, purportedly a competitor
of the Employer. A similar contention was raised as
a bar to Local 380's representation of the em-
ployees of the David Buttrick Company.3 On
reconsideration in light of the court's remand
opinion, we reaffirmed our conclusion that the
fund's loans to Whiting did not disqualify Local 380
as statutory bargaining agent. 167 NLRB No. 58.
For reasons stated in our Supplemental Decision in
Buttrick, we find that Petitioner is not disqualified
from representing the employees involved herein.
[Direction of Election4 omitted from publication.]
' Case 1-RC-8005 (not published in NLRB volumes ), and 154 NLRB
1468, enforcement denied and case remanded 361 F.2d 300 (C A 1)
These cases involve the Petitioner and David Buttrick Company The
parties also stipulated the inclusion of the relevant portions of the briefs
filed in a prior proceeding involving them -Case 1-RC-8251 (not
published in N LRB volumes)
' It is understood that part of the Charlestown garage extends over into
the city of Somerville and that "vehicle maintenance employees " include
two Charlestown employees performing maintenance work on truck
refrigeration equipment
3 See fn 1, supra
4 An election eligibility list, containing the names and addresses of all
the eligible voters, must be filed by the Employer with the Regional
Director for Region I within 7 days after the date of this Decision and
Direction of Election The Regional Director shall make the list available
to all parties to the election No extension of time to file this list shall be
granted by the Regional Director except in extraordinary circumstances
Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed Excelsior Underwear
Inc, 156 NLRB 1236
167 NLRB No. 59