80 N.L.R.B. 609 (N.L.R.B. 1948)

Mound City Products Co.

National Labor Relations Board - Board DecisionsNov 22, 1948

80 N.L.R.B. 609 (N.L.R.B. 1948)

In the Matter Of MOUND CITY PRODUCTS COMPANY, EMPLOYER and DISTILLERY , RECTIFYING AND WINE WORKERS' INTERNATIONAL UNION OF AMERICA, AFL, PETITIONER Case No. 14-RC-227 SUPPLEMENTAL DECISION ORDER AND DIRECTION OF ELECTION November 22, 1948 On October 1, 1948, the Board 1 issued a Decision and Order 2 dis- missing the petition in the above -entitled case . Thereafter the Pe- titioner filed a Motion to Set Aside Order, and the Employer filed Suggestions in Opposition to Petitioner 's Motion to Set Aside Order. The petition was dismissed in the original Decision on the basis of Matter of Advance Pattern Company , 79 N. L . R. B. 209, in which the Board had held that failure to answer properly question 123 on a petition rendered the petition fatally defective . In a Supplemental Decision , however, in Matter of Advance Pattern Company , 80 N. L. R. B. 29, the Board reconsidered and reversed its original Deci- sion. Accordingly , for the reasons set forth in that Supplemental Decision, and as the parties stipulated at the hearing that the Em- ployer refused to recognize the Petitioner absent a Board certification, our ruling upon the Employer's motion to dismiss this proceeding for failure to answer question 12 is hereby reversed and the motion is denied. The Employer 's motion to dismiss was based also upon the ground that the petition did not show that the Petitioner had complied with the filing requirements of Section 9 (f), (g), and (h) of the Act. Compliance with these filing requirements is, however , a matter for 1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three -man panel consisting of the undersigned Board Members [Houston, Murdock, and Gray]. 2 79 N L. It B. 1247. 3 Th.s question reads as follows "Has the Petitioner notified the Employer of claim that a question concerning representation has arisen?" and "Has the Employer failed to recognize the Petitioner?" 80 N. L. R. B., No. 105 609 610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD administrative determination not subject to collateral attack by the parties.' Furthermore, we are administratively satisfied that the Petitioner has complied with Section 9 (f), (g), and (h). Accordingly, we find that a question affecting commerce exists con- cerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, which can best be resolved by holding an election. We shall, there- fore, grant the Petitioner's motion to set aside our original Decision and Order, and shall direct that an election be held. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act: All wine and liquor salesmen at the Employer's place of business in St. Louis, Missouri, excluding guards, clerical and professional employees, and all supervisors. ORDER IT IS HEREBY ORDERED that the Decision and Order in the above-en- titled matter, issued by the Board on October 1, 1948, be, and it hereby is, vacated and set aside. DIRECTION OF ELECTION At 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-Series 5, as amended, among the employees in the unit found appropriate 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 reinstated 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 bargaining, by Distillery, Rectifying and Wine Workers' International Union of America, AFL. 4 Matter of Lion Oil Company, 76 N. L . R B. 656.