Malone & Hyde, Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1941

36 N.L.R.B. 540 (N.L.R.B. 1941)

In the Matter Of MALONE & HYDE, INC. and UNITED CANNERY, AGRICUL-
TURAL PACKING ALLIED WORKERS OF AMERICA, LOCAL 4, C. I. O.
Case No. R-3090.-Decided October 30, 194-1
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Earle K. Shawe, for the Board.
.Mr. J. R. Hyde, of Memphis, Tenn., for the Company.
Mr. William Haber, of Memphis, Tenn., for the Union.
Mr. Frederic B. Parkes, 2nd., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 5, 1941, United Cannery, Agricultural Packing Allied
Workers of America, Local 4, C. I. O:, herein called the Union, filed
with the Regional Director for the Tenth Region (Atlanta, Georgia)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Malone & Hyde, Inc., herein
called the Company, engaged in the sale and distribution of groceries
and food products at Memphis, Tennessee, and requesting an investiga-
tion and certification of representatives, pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On September 10, 1941, the National Labor Relations Board, herein
called the Board, acting, pursuant to Section 9 (c) of the Act, and
Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On September 11, 1941, the
Board, the Company, and the Union entered into a "Stipulation for
Certification of Representatives Upon Consent Election."
Pursuant to the stipulation, an election was conducted on September
24, 1941, under the direction and supervision of the Regional Director,
among all warehouse employees of the Company, excluding supervisory
and clerical employees, to determine whether or not said employees
36 N. L. R. B., No. 114.
540
MALONE' & HYDE, INC. 541
desired to be represented by the Union for the purposes of collective
bargaining with the Company. On October 2, 1941, the Regional Di-
rector issued and duly served upon the parties an Election Report on
the ballot. • No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number eligible_________________________________________ 68
Total ballots cast____________________________________________ 61
Total number of ballots cast for United Cannery, Agricultural
Packing Allied Workers of America__________________________ 55
Total number of ballots cast against United Cannery, Agricul-
tural Packing Allied Workers of America____________________ 6
Total number of challenged ballots____________________________ 0
Total number of void ballots__________________________________ 0
Total number of blank ballots_________________________________ 0
Upon the basis of the stipulation, the Election Report, and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Malone & Hyde, Inc., Memphis, Tennessee,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2. All warehouse employees of the Company, excluding supervisory
and clerical employees, constitute a unit appropriate for'the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
3. United Cannery, Agricultural Packing Allied Workers of Amer-
ica, Local 4, C. I. 0., has been designated and selected by a majority
of the employees in the above unit as their representative for the pur-
poses of collective bargaining, and is the exclusive representative of
all the employees in said unit, within the meaning of Section 9 (a) of
the Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that United Cannery, Agricultural Packing
Allied Workers of America, Local 4, C. I. 0., has been designated and
selected by a majority of all warehouse employees of Malone & Hyde,
Inc., Memphis, Tennessee, excluding supervisory and clerical employ-
ees, as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the National Labor Relations
542 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, United Cannery, Agricultural Packing Allied Workers of Amer-
ica, Local 4. C. I. 0 ., is the exclusive representative of all such employ-
ees for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment , and other *conditions of employment.