82 N.L.R.B. 1418 (N.L.R.B. 1949)

Natural Products Co.

National Labor Relations Board - Board DecisionsApr 20, 1949

82 N.L.R.B. 1418 (N.L.R.B. 1949)

In the MATTER OF NATURAL PRODUCTS COMPANY, EMPLOYER and INTER- NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSE- MEN AND HELPERS OF AMERICA , LOCAL 829, A. F. L., PETITIONER Ca.se No. 1-RC-893.-Decided April O, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Torbert H_ MacDonald, a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudi- cial 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 this case to a three-member panel.* Upon the entire record in this case, the Board finds : 1. The Employer is a Massachusetts corporation engaged in the manufacture and distribution of bakers', confectioners', and restaur- ant supplies at its plant in Boston, Massachusetts. During 1948 the Employer purchased $110,000 worth of ingredients and supplies, 50, percent of which had its origin outside the Commonwealth of Massa- chusetts. During the same period the Employer sold approximately $200,000 in goods, of which approximately $70,000 represented sales made outside the Commonwealth. We find that the Employer is engaged in commerce within the meaning of the National Labor Re- lations Act.' 2. The labor organization named below 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 constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) * Chairman Herzog and Members Reynolds and Gray. 1 Matter of Phoenix Pie Company, 79 N L R B. 103, Matter of E J. Barry , Inc., 63 N. L. R B. 744 82 N. L. R. E, No. 161. 1418 NATURAL PRODUCTS COMPANY 1419 of the Act : all production and maintenance employees, including t ruck drivers, but excluding the salesmen ,2 office and clerical employees, and all supervisors as defined in the Act. 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-Series 5, as amended, 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 reinstated prior to the date of the election, and also exclud- ing employees on strike who are not entitled to reinstatement, to de- termine whether or not they desire to be represented, for purposes of collective bargaining, by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 829, A. F. L. 2 The Employer's sales department consists of seven employees Four are outside sales- men who keep in contact with the office by telephone and report in person every 2 weeks. The other three report to the office 2 days a week for a full day and perform sales duty at the plant. All are paid a minimum salary plus commission for outside sales. All attend sales department meetings, but are not subject to close supervision. We conclude that they have no substantial community of interest with the production and maintenance employees and, in accord with usual practice, shall exclude them from the unit. Matter of Herboth Tractor Co., 79 N. L. R. B. 431; Matter of The Boardman Co., 62 N. L. R. B. 1112.