Michigan Wholesalers, Inc.

National Labor Relations Board - Board Decisions

May 13, 1946

67 N.L.R.B. 1371 (N.L.R.B. 1946)

In the Matter of MICHIGAN WHOLESALERS, INC. and UNITED RETAIL,
WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMERICA, C. I. O.
and MAUMEE VALLEY DISTRICT COUNCIL OF CARPENTERS, A. F. L.
Case No. 8-RE-O3.-De,,ided May 13, 1916
Mr. Irwin E. Banna.seh, of Detroit, Mich., for the Company.
Messrs. Karl T. Martin and Ralph Aiello, both of Toledo, Ohio, for
the C. 1. 0.
Messrs. Earnest file gee and Isadore Kohler, both of Toledo, Ohio,
for the A. F. L.
Mr. Warren M. Leland„ of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Michigan Wholesalers, Inc., Toledo,
Ohio, herein called the Company, alleging that a question affecting
commerce had arisen concerning the representation of its employees,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Louis E. Belkin. Trial Examiner. The
hearing was held at Toledo, Ohio, on April 12, 1946. The Company,
United Retail, Wholesale and Department Store Employees of
America, C. I. O., herein called the C. I. 0., and Maumee Valley Dis-
trict Council of Carpenters, A. F. L., herein called the A. F. L., ap-
peared and participated. All parties 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 :
FIN DINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Michigan Wholesalers , Inc., a Michigan corporation , is engaged in
the wholesaling and handling of building materials , operating ware-
67 N. L. R B., No 185
1371
1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
houses in Jackson , Michigan ; Fort Wayne, Indiana; and Toledo, Ohio.
The Toledo warehouse is the sole warehouse concerned in this proceed-
ing. During 1945, the Company purchased materials valued in excess
of $350,000 , of which approximately 95 percent was received from
outside the State of Ohio. During the same period , the Company sold
materials valued in excess of $350,000, of which approximately 5
percent was shipped to points outside the State of Ohio.
The Company admits that it is engaged ' in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Retail, Wholesale and Department Store Employees of
America is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Company.
Maumee Valley District Council of Carpenters is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, on March 7, 1946, filed its petition with the Board
in which it averred that it was confronted with conflicting represen-
tation claims of the C. I. O. and the A. F. L., and requested an investi-
gation and certification of representatives.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. and the A. F. L. each 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 Company, the C. I. 0., and the A. F. L. agree that a unit of all
warehousemen employed by the Company at its Toledo warehouse,
excluding office and clerical employees, is appropriate for the purposes
of collective bargaining. However, the C. I. O. would exclude, and
the Company and A. F. L. would include, the leader of the warehouse
employees.
1 The Field Examiner reported that the C. I. O. submitted authorization cards bearing
the name of one employee listed on the Company ' s pay roll of March 28 , 1946 ; and that
the A F . L. submitted application cards bearing the names of two employees listed on the
Company ' s pay roll of the same date
There are approximately two employees in the appropriate unit
MICHIGAN WHOLESALERS, INC. 1373
The leader receives working orders from the manager or his
assistant, and he then transmits the orders to the warehouseman with
whom he works . It is apparent from the record that he does not have
authority to hire. discharge . discipline , or effectively recommend such
action. We shall, accordingly , include him in the unit hereinafter
found appropriate.
We find that all warehousemen employed by the Company at its
Toledo, Ohio, warehouse , including the leader of the warehouse
employees , but excluding office and clerical employees , and all super-
visory 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.
V. THE i TERMIN ATION Or 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.
The C. I. O. contends, in opposition to the Company and the A. F. L.,
that two employees who were laid off on December 29, 1945,2 should be
permitted to vote in the election . The record discloses that the Com-
pany does not propose to hire additional permanent employees. As
the volume of work requires , the Company employs additional per-
sonnel for temporary periods , but it has never rehired an employee it
has laid off , and it does not contemplate reemployment of the two
former employees herein concerned . We find, therefore, that the two
employees who were laid off on December 29, 1945, were not tem-
porarily laid off, and are not eligible to vote in the election we here-
inafter direct.
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 representa-
tives for the purposes of collective bargaining with Michigan Whole-
salers, Inc., Toledo, Ohio, 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
2 Frank Cichurski and Edwin Najero.
1374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director for the Eighth 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 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 in-
cluding 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
they desire to be represented by United Retail, Wholesale and Depart-
ment Store Employees of America, C. I. 0., or by Maumee Valley
District Council of Carpenters, A. F. L., for the purposes of collective
bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.