Mills Automatic Merchandising Corp.

National Labor Relations Board - Board Decisions

Oct 28, 1949

86 N.L.R.B. 1096 (N.L.R.B. 1949)

In the Matter Of MILLS AUTOMATIC MERCHANDISING CORP., EMPLOYER
and FOOD SERVICE SALES DRIVERS, CHAUFFEURS AND HELPERS AND
FOOD SERVICE. WAREHOUSEMEN, LOCAL 646 OF THE INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, AFL, PETITIONER
Case No.1-RC-1f00.Decided October 28,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed,' a hearing was held before Leo J.
Halloran, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
the case to a three-member panel [Chairman Herzog and Members
Houston and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is a Delaware corporation with its main office
and factory in New York City. In addition to the New York City
office, the Employer operates several branches throughout the United
States. The instant proceeding concerns only employees of the
Boston, Massachusetts, branch.
The Employer is engaged., at its Boston branch, in the sale of gulp
and candy through automatic vending machines which are located in
stores, office buildings, and industrial plants. In 1948, for the Boston
branch, the Employer purchased $70,000 worth of gum, all of which
came from outside the State. During the same period it purchased
$30,000 worth of candy, of which 50 percent was shipped from points
outside the State. The Employer purchases all of its vending ma-
chines from Chicago, Illinois. In 1948 the Employer's sales were
valued at more than $100,000, all of which were made within the
State of Massachusetts.
' The petition and other papers were amended at the hearing to show the correct name
of the Employer.
86 N. L. R. B., No. 112.
1096
MILLS AUTOMATIC MERCHANDISING CORP. 1097
We find that the Employer is engaged in commerce within the
meaning of the Act.2
2. The labor organization involved claims to represent certain
employees 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 following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act: All employees of the Employer's auto-
matic vending machine branch office in Boston, Massachusetts,
excluding office and clerical employees, professional employees, guards,
and supervisors.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Food Service Sales Drivers, Chauffeurs and Helpers and Food
Service Warehousemen, Local 646 of the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
AFL.
2 Where an employer operates branches on a multi-State basis , even though its business
is local in character, the Board has, in order best to effectuate the purposes of the Act,
taken jurisdiction in cases involving either its operations as a whole or any appropriate
administrative section thereof . Matter of Orkin Termite Company, Inc ., 79 N. L. R. B.
935; Matter of The Davey Tree Expert Company, Inc ., 81 N. L. R. B. 1161 ; Matter of Gas
Consumers Association, 85 N. L. R. B. 1497.