Liebmann Breweries, Inc.

National Labor Relations Board - Board Decisions

Jun 28, 1944

56 N.L.R.B. 1727 (N.L.R.B. 1944)

In the Matter of LIEBMANN -BREWERIES , INC. and INTERNATIONAL
UNION OF UNITED BREWERY, FLOUR, CEREAL & SOFT DRINK WORK-
ERS OF AMERICA, LOCAL UNION #40
III the Matter of JACOB RUPPERT, INC. and INTERNATIONAL UNION OF
UNITED BREWERY, FLOUR, CEREAL & SOFT DRINK WORKERS OF AMER-
ICA, LOCAL UNION #40 -
In the Matter of THE F. & M. SCHAEFFER BREWING CO.'OF CONNECTICUT,
INC. and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR,
CEREAL & SOFT DRINK WORKERS OF AMERICA, LOCAL UNION #40
Cases Nos. ?-R-/7P 6- to 2-R-4798, inclusive, respectively. Decided
June 28,,1944
Mr" Gerald A. Walsh, of New York City, for the Companies.
Mr. Thomas X. Dunn, of Washington, D. C.,, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Union of United
Brewery, Flour, Cereal & Soft Drink Workers of America, Local
Union #40, herein called the Union, alleging that questions affecting
commerce' had arisen concerning the representation of employees of
Liebmann Breweries, Inc., Bridgeport, Connecticut, herein called Lieb-
mann, Jacob Ruppert Inc., Bridgeport, Connecticut, herein called Rup-
pert, and The F. & M. Schaeffer Brewing Co. of Connecticut, Inc.,
Fairfield, Connecticut, herein called Schaeffer,' the National Labor Re-
lations Board consolidated the cases and provided for an appropriate
hearing upon due notice before Jerome I. Macht, Trial Examiner.
Said hearing was held at New York City on May 31, 1944. The Com-
panies and the Union appeared at and participated in the hearing.2
All parties were afforded full opportunity to be heard, to examine
"The employers ate hereinafter referred to collectively as the Companies. '
2 Although Local 191, International Brotherhood of -Teamsters , Chauffeurs , Warehouse--
men & Helperslof America, A F. L., was served with notice of hearing , it did not appear.
56 N L. R. B., No. 306. -
1727
1728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to. file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I.• -THE BUSINESS OF THE COMPANIES
Each of the Companies is a'Connecticut corporation, Liebmann and
Ruppert being located at Bridgeport, Connecticut, and Schaeffer at
Fairfield, Connecticut. Each of them is engaged in the storage and
wholesale` distribution of beer and- ale to retail establishments within
the' State of Connecticut, and are wholly owned subsidiaries of parent
corporations of the same names in New York City. Liebmann, Rup-
pert, and Schaeffer receive about $18,000,'$81,000, and $37,500, worth
of beer monthly from the State of New York, respectively. Each of
the Companies admits that it is engaged in commerce within the mean-
ing of the National Labor.Relations Act.
H. THE ORGANIZATION INVOLVED
International Union of United Brewery, Flour, Cereal & Soft Drink
Workers of America, Local Union #40, is a labor organization admit-
ting to membership employees of the Companies.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Union has requested each of the Companies to recognize it as
the exclusive collective bargaining representative of each of the Com-
panies' employees. The Companies have refused these requests until
such time as the Union is certified by the Board.
Statements of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicate that the Union represents a substantial
number of employees in each of the units hereinafter found to be
appropriate.3
We find that questions affecting commerce have arisen concerning
the representation of employees of each of the Companies, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Union urges that all drivers , helpers, platform men, checkers,
maintenance repair and service men,, watchmen , and porters employed
1/1
3 The' Field Examiner ' reported that the Union presented authorization cards bearing
the names of 6 persons employed by Liebmann , 12 by Ruppert, and 10 by Schaeffer. 'There
are-approximately 6 employees in the appropriate unit at Liebmann , 12 at Ruppert, and
10 at Schaeffer.
LIEBMANN BREWERIES, INC. - 1729
by each of the Companies, excluding superintendents, branch man-,
'agers, office and clerical employees, foremen, and, assistant foremen,
constitute three separate units appropriate for the purposes of collec-
tive bargaining. The Companies took no position with respect to
the units. Evidence introduced at the hearing indicates that the
employees claimed by the Union constitute, in each case, a well-defined
-homogeneous group. • _
We find that all drivers; helpers, platform men, checkers, mainte-
nance repair and service men; watchmen, and porters' of each of the
'Companies, excluding superintendents, branch managers, office and
clerical employees, foremen, assistant foremen, and any other super-
visory employees with authority to hire, promote, discharge, disci-'
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute three separate units appro-
priate for the purposes of collective bargaining, within the meaning
,of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by means of elections by secret ballot among
the employees in the appropriate units who were employed during the
pay-roll period or periods immediately preceding'tlie date of the Di-
rection of Elections herein, subject to the limitations and additions
set forth in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in'the National Labor
-Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
.Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Liebmann Brewer-
ies, Inc. and Jacob Ruppert, Inc.; Bridgeport, Connecticut, and The
F. & M. Schaeffer Brewing Co. of Connecticut, Inc., Fairfield, Connec-
ticut, elections 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 supervision of the Regional Director for the
Second Region, acting -in this matter as agent for the National Labor
-Relations-Board, and subject to Article III, Sections 10 and 11, of
said Rules and Regulations, among the employees in each of the units
found appropriate in Section IV, above, who-were employed during
-the pay-roll period or periods immediately preceding the date of this
Direction, including employees who did not work during said pay-
-1730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll period or periods because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces' of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the elections, to,
determine, in each instance, whether or not they desire to be repre-
sented by International Union of United Brewery, Flour, Cereal &
Soft Drink Workers of America, Local Union #40, for the purposes
of collective bargaining.