Lucky Heart Laboratories, Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1946

66 N.L.R.B. 1429 (N.L.R.B. 1946)

In the Matter of LUCKY HEART LABORATORIES, INC. and UNITED GAS,
COKE & CHEMICAL WORKERS OF AMERICA, C. I. O.
Case No. 15-B-1563. -Decided March 29, 1916
Messrs. Clarence Clifton -and B . M. Spears, of Memphis , Tenn.,
for the Company.
Miss Helen McClurg and Mr. TV. L. Carsen , of Memphis , Tenn.,
for the Union.
Yr. Emil C . Tailcas , of counsel to the Board.
DECISION
AND
.DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Gas, Coke & Chemical
Workers of America, C, I. 0., herein called the Union , alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Lucky Heart Laboratories , Inc., Memphis,
Tennessee , herein called the Company , the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Gerald A. Brown, Trial Examiner . The hearing was held at Mem-
phis, Tennessee , on February •).6, 194€ . The Company and the Union
appeared and participated . All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses , and to introduce
evidence bearipg on the issues . The Trial Examiner 's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
A ll 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
1. TIIE BUSINESS OF THE COMPANY
Lucky Heart Laboratories, Inc., is a Tennessee corporation with
a place of business in Memphis, Tennessee, where it is engaged in
the preparation of toilet articles, proprietary medics, insecticides and
66 N. L . R. B., No. 177.
1429
1 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other products. During the calendar year 1945, the Company pur-
chased various chemicals, oils, fluid extracts, and other raw materials
valued in excess of $100,000, substantially all of which came from
States other than the State of Tennessee. During the same period,
the Company's sales were in excess of $200,000, substantially all of
which was sold and shipped to customers in States other than the
State of Tennessee.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Gas, Coke & Chemical Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 13, 1945, the Union, by letter to the Company, re-
quested recognition as bargaining representative of the Company's
employees. On December 21, 1945, the Company wrote a letter to
the Union stating that it was willing to discuss the matter. The
conference was held sometime in January 1946, between union and
company representatives, at which time the Union was informed
that the Company was unwilling to recognize the Union.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
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 Act.
IV. THE APPROPRIATE UNIT
The parties mutually agreed at the hearing, and we find, that all
employees of the Company, including the working foreman,2 but
excluding office workers, clerical employees, salesmen, chemists, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
I The Field Examiner reported that the Union submitted 39 cards bearing the names
of 2.i employees listed on the Company's pay roll of January 30, 1946 . There are approxi-
mately 76 employees in the appropriate unit.
2 The record shows that this individual is not a supervisor , as customarily defined.
LUCKY HEART LABORATORIES , INC. 1431
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lucky Heart
Laboratories, Inc., Memphis, Tennessee, 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 Fifteenth 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 Regu-
lations, among 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 said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or
been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they
desire to be represented by United Gas, Coke & Chemical Workers
of America, C. I. 0., for the purposes of collective bargaining.
CHAIRMAN HERzoc took no part in the consideration of the above
Decision and Direction of Election.