Humiston-Keeling and Co.

National Labor Relations Board - Board Decisions

Nov 10, 1942

45 N.L.R.B. 500 (N.L.R.B. 1942)

In the Matter of HUMISTON -KEELING AND COMPANY and WAREHOUSE
& DISTRIBUTION WORKERS UNION, LOCAL 208 I . L. W. U., C. I. O.
Case No. R-.4.363.=-Decided November 10. 19148
Jurisdiction : drug wholesaling industry.
Investigation and Certification of Representatives : exigence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production employees, with speci-
fied inclusions and exclusions.
Dr. E. M. Gheriman, of Chicago, I11., for the Company.
Mr. David B. Rothstein., of Chicago, Ill., for the Union.
- Mr. Joseph-E. Gubbins, of couiisel,to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed',,,by Warehouse ,& Distribution Workers
Union, Local 208, I. L. W. U., affiliated with C. I. O., herein called
the Union, alleging that'' a question affecting commerce had arisen
concerning the representation of employees'of Humiston-Keeling and
Company, Chicago, Illinois, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Robert E. Dickman, Trial' Examiner. Said
hearing was held at Chicago, Illinois, on October 8, 1942. The Com-
pany and- the Union appeared; participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings. made at the hearing are free from prejudicial error
and are hereby affirmed.
45 N. L. R. B., No. 73
500
HUMISTON-KEELING AND COMPANY 501
Upon the' entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
-Humiston-Keeling and, Company, all Illinois corporation with its
main office and plant in the city of Chicago, Illinois, is engaged in
warehousing and wholesale distribution of drugs. Annual pur-
chases of drugs, pharmaceuticals and chemicals, are in excess of
$100,000, with more than 75 percent thereof being shipped to the
Company's plant from sources outside the State of Illinois. The
Company's annual sales of products are in excess of $100,000, with
more than 25 percent being shipped from the Company's plant to
points outside the State of Illinois.
The Company admits for purposes of this proceeding that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGQNIZA ION„INVOLVED
Warehouse & Distribution Workers Union, Local 208, I. L. W. U.,
affiliated with Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUEnTION CONCERNING REPRESENTATION
On or about August 24, 1942, the Union claimed it represented a
majority of the employees and requested recognition from the Com-
pany for purposes of collective bargaining. The Company refused
to recognize the Union unless and until it had been certified by the
Board.
• A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the proposed approp-tiate,unit.1
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 National Labor Rela-
tions Act.
1 The Regional Director ' s statement shows that the Union submitted 45 application-for-
membership cards . 32 of which bore apparently genuine original handwritten signatures,
and 13 bore apparently genuine original printed signatures . Twenty -six of the 45
signatures are the names of persons on the Company's pay roll of August 26, 1942. The
said pay roll contains the names of 75 persons within the alleged appropriate - unit. - The
26 cards bearing the names of persons appearing upon the Company 's pay roll were dated
as follows • I dated June l q47 , 8 dated June 1942: and 17 undated.
502 DECISIONS OF NATIONAL -LAB O'R-;IRELATIONS= BOARD
1V. THE APPROPRIATE UNIT
The parties agreed that all production employees including order
pickers, order pickers and special stockmen, order pickers and checkers,
checkers, packers dry drugs, dry chug men, packers, stock clerks, stock-
men, stock boys, shipping department assistants, receiving clerks,
truckers, errand boy and spotter, porters, checker and narcotic man,2
and errand boy, should be included in the bargaining unit. The
parties further agree that all supervisory employees, working fore-
men, office and clerical employees, maintenance employees, and out-
side truck drivers, should be excliided from the bargaining unit. The
only dispute is with respect to the pharmacist and the laboratory assist-
ant; the Union would exclude these two employees whereas the Com-
pany would include them.
The pharmacist spends most of his time picking. selecting, checking,
and shipping biologicals; only a minor portion of his time is spent in
compounding drugs. So far as appears, he has no authority to hire
or discharge and his salary is lower than the salaries of several pro=
duction employees. The representative of the Union testified that
he was not acquainted with the duties, of the pharmacist but would
exclude him from the bargaining unit on the,grounds that he is a pro-
fessional man and is so engaged by the Company. The recgrd dis-
closes that there are two or three other pharmacists working as pro-
duction employees for the Company who are included in the bargaining
unit. Since the duties of the pharmacist are substantially the same
as those of other employees in the unit, we shall include the phar-
macist.
The principal duties of. the laboratory assistant are similar to
those of an order picker and checker, although on occasions he
mixes drugs. His salary is the same- as that of the average pro-
duction employee. There is no evidence that he possessed any
supervisory authority. The laboratory assistant shall he included
in the,bargaining unit.
We find that all production employees, including order pickers,
order pickers and special stockmen, order pickers and checkers,
checkers, packers dry drugs, dry drug men, packers, stock clerks,
-stockmen, stock boys, shipping department assistants, receiving
clerks, truckers, errand boy and spotter, errand boy, porters, checker
and narcotic man, the laboratory assistant, and the pharmacist, but
excluding all supervisory employees, working foremen, office and
2 At the hearing the Union sought to exclude the porters and the checker and narcotic
man, but thereafter advised the Board that it agreed with the Company that they should
be included.
1,
HT MTSTON-KEELING AND COMPANY 503
clerical employees , maintenance employees, and outside truck drivers,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Union requests use of a pay roll as of the time of the hear-
ing to determine eligibility to vote on the ground that - new employees
may be hired ; the Company urges use of a current pay roll. We see
no reason for departing from our customary 'practice , and accord-
ingly we shall direct that the question concerning representation
which has arisen be resolved by an election by secret ballot among
the employees 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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purpose of collective bargaining with Humiston-
Keeling and Company , Chicago, Illinois , 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 super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board and
subject to Article III, Section 10, 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 immediately
preceding the date of this Direction ,, including employees who did
not work during such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off , but excluding employees who have
since quit or been discharged for cause , to determine whether or not
they desire to be represented by Warehouse & Distribution Workers
Union, Local 208 , I. L. W. U., affiliated with Congress of Industrial
Organizations , for the purposes of collective bargaining.
it is hereby