J. H. Patterson Co.

National Labor Relations Board - Board Decisions

Aug 31, 1948

79 N.L.R.B. 355 (N.L.R.B. 1948)

In the Matter of J. H. PATTERSON Co., EMPLOYER and GENERAL CHAUF-,
FEURS, HELPERS, AND SALES- DRIVERS, LOCAL 325,- IBT, AFL,
PETITIONER
Case No. 13-RC-121.-Decided August 31, 19/18
DECISION
AND
DIRECTION OF ELECTION
Upon a petition 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.
Upon the entire record in this case, the Board finds :
1. The Employer filed a "Special and Limited Appearance" for'
the purpose of moving to dismiss the petition herein on the ground that
the Employer is not engaged in commerce within the meaning of the
Act.
The Employer is an Illinois corporation engaged in the sale and
distribution of,building materials, coal, and fuel oil from its yards in
Rockford, Huntley, Marengo, Garden Prairie, Rochelle, and Freeport,
Illinois. Only the Rockford yard is involved in this proceeding. Dur-
ing the period April 1, 1947, to April 1, 1948, 289 carloads of building
materials, coal, and fuel oil were shipped by rail to the Rockford,
yard. Ofthis number, 149 carloads, valued at more than $250,000,
originated outside the State.
The close relationship between enterprises of this nature which dis-
tribute building materials, and the building-construction industry,
over which we have recently asserted jurisdiction, logically compels
the exercise of our jurisdiction in the instant case. The Employer's,
motion to dismiss is therefore denied, and we find, contrary to the con-
tention of the Employer, that its operations affect commerce within
the meaning of the Act
1 Matter of Central Sash and Door Company , 77 N. L. R. B. 418.
79 N. L. R. B., No. 48.
355
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
- 4. The following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act : All truck drivers and helpers at the Employ-
er's Rockford, Illinois, yard, excluding all other employees, guards,
yardmen, servicemen,2 and all other supervisors.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses 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 Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the unit found appropriate in paragraph numbered 4, above,
who were employed 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 bargain-
ing, by General Chauffeurs, Helpers, and Sales Drivers, Local. 325,
IBT, AFL.
•
CHAIRMAN HERZOG and MEMBER MURDOCK dissenting :
We do not share the Employer's view that the Board is wholly with-
out power in this matter. But we also do not shame our colleagues'
desire to exercise the jurisdiction which appears sustainable as a pure
7 The record shows that the yardmen and servicemen exercise supervisory authority
within the meaning of the amended Act.
J. H. PATTERSON CO. 357
matter of law. As we said in Matter of Liddon-W hite , 76 N. L. R. B.
1181, "the fact that this Board may do something does not mean that it
must or should."
This small company's business is essentially local in character.
Although half the building materials, fuel oil and coal that pass
through this yard originates outside Illinois, all is sold, used, and comes
to rest in the immediate vicinity of the city of Rockford. The fact
that some of the materials which the Employer distributes may ulti-
mately be used in local building construction is not, in our opinion,
sufficient warrant for extending the operations of this overburdened
Board to the relations of parties whose affairs can have little practical
effect upon commerce between the States.
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