Miami Coca-Cola Bottling Co.

National Labor Relations Board - Board Decisions

Jul 3, 1945

62 N.L.R.B. 1115 (N.L.R.B. 1945)

In the Matter of MIAMI COCA-COLA BOTTLING COMPANY and BEVERAGE
WORKERS DIVISION OF IUMSWA, LOCAL 59, C. I. O.
I
Case No. 10-R-1433.-Decided July 3, 1945
Mr. Alfred L. McCarthy, of Miami, Fla ., for the Company.
Mr. Charles M. Smolikoff, of Miami, Fla ., for the Union
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE a
Upon petition duly filed by Beverage Workers Division of IUMSWA.
Local 59, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of Miami
Coca-Cola Bottling Company, Miami, Florida, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Erwin C. Catts, Trial Examiner. Said hear-
ing was held at Miami, Florida, on May 17, 1945. The Company and the
Union appeared, participated, and were afforded full opportunity to be
heard, to examine 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
1. THE BUSINESS OF THE COMPANY
Miami Coca-Cola Bottling Company is a Florida corporation operating
Coca-Cola bottling plants at Miami and Fort Lauderdale, Florida. We are
here concerned solely with its bottling plant at Miami. The Company oper-
ates under a franchise with Florida Coca-Cola Bottling Company which
in turn has a franchise with Coca-Cola Bottling Company. During 1944
62 N L R. B., No. 141.
1115
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company purchased materials valued in excess of $400,000 . About 15
percent of the materials , consisting of bottles and crowns , were shipped
directly to the Company from points outside the State of Florida. The
Company purchased syrup valued at about $272,000 during 1944, all of
which was manufactured by the Coca-Cola Company at Baltimore, Mary-
land, Atlanta , Georgia, or New Orleans, Louisiana. The Coca-Cola Com-
pany sells the syrup to the Coca-Cola Bottling Company, which in turn
sells it to the Florida Coca-Cola Bottling Company , from whom the Com-
pany takes delivery. None of the Coca -Cola bottled by the Company is
shipped to points outside the State of Florida.
We find, contrary to the contentions of the Company , that its business
affects commerce within the meaning of the National Labor Relations Act.'
II. THE ORGANIZATION INVOLVED
Bevereage Workers Division of IUMSWA, Local 59, is a labor organ-
ization affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
° III. THE QUESTIONS CONCERNING REPRESENTATION
During April 1945 the Union requested the Company to recognise it as
the exclusive bargaining representative of the employees at the Miami
bottling plant. The Company did not reply to this request.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be 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
We find, in substantial agreement with a stipulation of the parties, that
all production and maintenance employees at the i\'Iiami, Florida, bottling
plant of the Company, including mechanics, operators and repairmen, ma-
chine operators. stock room men, case packers, soak feeders, inspectors
and inspectresses, laundresses, janitors, case repairmen and laborers
(but not temporary and outside laborers), but excluding office clerical
employees, sales department employees, route supervisors, shipping clerks,
truck drivers, truck driver helpers, working foremen, and any other'super-
visory employees with authority to hire, promote, discharge, discipline, or
1 See Matter of Coca- Cola Bottling Works , 46 N L R. B 180; Matter of Detroit Coca-Cola
Bottling Company , 56 N L It. B 1404
2The Field Examiner reported that the Union presented 12 authgrization cards. There arc
approximately 38 employees in the appropriate unit
MIAMI COCA-COLA BOTTLING COMPANY 1117
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate 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 question concerning representation which has
arisen be resolved by means of an election by secret ballot among the em-
ployees 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 Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Miami Coca-Cola Bottling
Company, Miami, Florida, 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 supervision of the Regional Director
for the Tenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sectioils 10 and 11, of said
Rules and Regulations, among the employees in the unit found appropri-
ate 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 vaca-
tion 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 any 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 Beverage Workers Divi-
sion of IU1bISWA, Local 59, C. I. 0., for the purpose of collective
bargaining.