Jax Beer Co.

National Labor Relations Board - Board Decisions

May 9, 1950

89 N.L.R.B. 1233 (N.L.R.B. 1950)

In the Matter Of JAX BEER COMPANY OF HOUSTON, TEXAS, EMPLOYER:'
and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL,.
SOFT DRINK AND DISTILLERY WORKERS OF AMERICA, CIO, BREWERY-
WORKERS LOCAL UNION 111, PETITIONER
Case No. 59-R'C-157.Decided May 9, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing. was held before Charles Y...
Latimer, hearing officer. 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-member panel [Chairman Herzog and Members.
Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer 2 is engaged in commerce within the meaning of'
the National Labor Relations Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.3
1 At the hearing , the Intervenor moved to dismiss the petition for failure of the Pet!--
tioner to comply with Section 9 (f), (g), and ( h) of the National Labor Relations Act, as-
amended. This motion was referred to the Board by the hearing officer and is hereby
denied. Sun Shipbuilding and Dry Dock Co., 86 NLRB 20.
2 The Employer 's name appears as amended at the hearing.
8 The Intervenor contends that its contract with the Employer executed on' May 22, 1948,.
and automatically renewable constitutes a bar to this proceeding. We find no merit in.
this contention . The petition was timely filed with reference to the automatic renewak
date. Central - Transportation Company, 80 NLRB 281. Hawaiian Dredging Company,.
Limited, 72 NLRB 1378 . Moreover , the contract contains an unauthorized union-security
provision . Mid-Continent Coal Corporation, 82 NLRB 261; C. Hager & Sons Hinge Manu-
facturing Company, 80 NLRB 163.
89 NLRB No. 153.
1233
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The appropriate unit :
The Petitioner seeks a unit consisting of route drivers, helpers,
"over-the-road" haulers, and warehousemen at the Employer's beer
distributing plant, but excluding all salesmen, shipping clerks, clerical
help, plant watchmen, and supervisors. The Employer and Inter-
venor do not object to this unit, except that they would exclude "over-
the-road" haulers.
Since September 1949, the Employer has employed five "over-the-
road" haulers, under supervision of the president of the Company.
These employees transport full bottles of beer in employer-owned
trucks from the brewery in New Orleans, Louisiana, to the Employer's
warehouse at Houston, Texas, and carry empty bottles from Houston
back to New Orleans.
The "over-the-road" haulers are paid on a mileage basis as distin-
guished from the route drivers, who are paid a salary plus commission
for delivering and selling beer in the Houston area. All the employees
in the proposed unit, except the "over-the-road" haulers, are super-
vised by the sales manager. "Over-the-road" haulers have been
excluded from the bargaining unit set forth in past contracts between
the Employer and the Intervenor, and employees in this category in
this area customarily are excluded from units composed of route
drivers, helpers, and warehousemen.
Under all these circumstances, we will exclude the "over-the-road"
haulers from the appropriate unit .4
The following employees of the Employer constitute a unit appro-
priate for the purpose of collective bargaining within the meaning
of Section 9 (b) of the Act: Route drivers, helpers, and warehousemen,
but excluding "over-the-road" haulers, salesmen, shipping clerks, cler-
ical help, plant watchmen, and supervisors.
DIRECTION OF .ELECTION 5
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
supervision of the Regional Director for the Region in, which this
case was heard, and subject to Sections 203.61 and 203.62 of National
4 Anderson Coach Company, 86 NLRB 1235; Marsh Furniture Company, 66 NLRB 133.
We will not consider whether the "over-the-road" haulers may constitute a separate appro-
priate unit, as the Petitioner has made no showing of authorization to represent these
drivers, and has manifested no desire to represent them in a separate unit.
5 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.
JAX BEER COMPANY OF HOUSTON, TEXAS 1235
Labor Relations Board Rules and Regulations, among the employees
in the unit found appropriate in paragraph numbered 4, above, who
were employed during the payroll period immediately preceding the
date of this Direction of Election, including employees who did not
work during said payroll 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
they desire to be represented, for purposes of collective bargaining, by
International Union of United Brewery, Flour, Cereal, Soft Drink
and Distillery Workers of America, CIO, Brewery Workers Local
Union 111, or by General Drivers, Warehousemen and Helpers, Local
Union 968, affiliated with the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, AFL, or by
neither.
889227-51-vol. 89-79