M. E. Moses Co., Inc.

National Labor Relations Board - Board Decisions

May 24, 1957

117 N.L.R.B. 1769 (N.L.R.B. 1957)

M. E. MOSES CO., INC. 1769
performing almost every function that will ultimately be performed.
In view of these circumstances, and as it is clear from the record that
it was expected that at least 40 percent of the maximum complement
would be employed by May 1, 1957,5 we find that the Employer pres-
ently has in its employ a substantial and representative segment of
its ultimate plant complement, and we shall direct an immediate
election in the unit found appropriate in paragraph numbered 4,
above.'
[Text of Direction of Election omitted from publication.]
5 It is immaterial for the purpose of the case at bar that many of these employees
may still be considered to be "trainees" by the Employer or that many of them may'not
have completed their 90-day probationary period. Walton-Young Corp., 117 NLRB 51;
Extral Corporation , 111 NLRB 878. -
6 Bell Aircraft Corporation, 96 NLRB 1211.
M. E. Moses Co., Inc.' and Dallas General Drivers , Warehousemen
& Helpers, Local 745, AFL-CIO, Petitioner. Case No. 16-RC-
0032. May 24,1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John F. Funke,,
hearing officer. 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. There are two corporations, one a Texas corporation and one an
Oklahoma corporation, operating under the name M. E. Moses Co.,,
Inc. The Texas corporation owns and operates 24,retail 5- and 10-
cent stores in various cities or towns throughout Texas and a ware-
house at Dallas, Texas. The Oklahoma corporation operates one
retail store in Oklahoma. The stock ownership of both corporations.
is- substantially identical, and the directors and officers are the same.
There' is centralized buying and accounting as well as centralized con-
trol of management and labor relations policies for both corporations-
The Oklahoma store is included in an administrative group with, and
subject to the control of the same store superintendent as, a number
of Texas stores. We find, in agreement with the Employer, that the
Oklahoma and Texas corporations constitute a single employer for
jurisdictional purposes .2 During the fiscal year ending January 31,
1956, out-of-State purchases for all stores were in excess of $1,950,000.
Gross sales of all stores were under $4,000,000 of which those made to
The Employer 's name appears as amended at the hearing.
a Orlrm Extermanating Company, Inc ., 115 NLRB 622.
1,17 NLRB No. 234.
1770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
out-of-State purchasers were negligible . As the Employer's direct
inflow exceeds $1,000,000 annually we find , in accord with the decision
in T. H. Rogers Lumber Co.,3 modifying the retail jurisdictional
standards set forth in Hogue and Knott Supermarkets ,' that it will
effectuate the policies of the Act to assert jurisdiction over this multi-
state retail operation.
2. The labor organization involved claims 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.
4. The parties agree and we find that the following employees at
the Employer 's Dallas, Texas, warehouse constitute a unit appropriate
for purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
All warehousemen , packers, order fillers, and shipping and receiv-
ing clerks, excluding all other employees , office clerical employees,
guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBER RODGERS took no part in the consideration of the above
Decision and Direction of Election.
3117 NLRB 1732.
* 110 NLRB 543.
Bagwell Electric Steel Castings , Inc. and International Broth-
erhood of Boilermakers , Iron Shipbuilders, Blacksmiths, Forg-
ers and Helpers , AFL-CIO,' Petitioner
Bagwell Electric Steel Castings , Inc. and United Steelworkers of
America, AFL-CIO,' Petitioner
Bagwell Electric Steel Castings, Inc. and International Molders
and Foundry Workers Union of North America , AFL-CIO,1
Petitioner. Cases Nos. 10-RC-3780,10 RC-3784, and 10-RC-3795.
May 27,1957
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
David L. Trezise, 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 Act, the Board
has delegated its powers in connection with these cases to a three-
1 Herein called Boilermakers , Steelworkers , and Molders , respectively.
117 NLRB No. 235.