Natural Products Co.

National Labor Relations Board - Board Decisions

Oct 4, 1949

86 N.L.R.B. 382 (N.L.R.B. 1949)

In the Matter of NATURAL PROnucTS COMPANY, Ei IPLOTER and INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS OF AMERICA, LOCAL 829, A. F. L., PETITIONER
Case No. 1-RC-893
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 4, 1949
Pursuant to a Decision and Direction of Election issued by the
Board herein on April 20, 1949, an election by secret ballot was con-
ducted under the direction and supervision of the Regional Director
for the First Region, among the employees in the unit described in
the Decision.' Upon the conclusion of the balloting, a Tally of Bal-
lots was furnished the parties in accordance with the Rules and Regu-
lations of the Board.
The tally shows that of 10 eligible voters all cast ballots, of which
4 were for the Petitioner, 2 were cast against the Petitioner and 4
were challenged.
As the challenged ballots could affect the results of the election,
the Regional Director investigated the issues raised by the challenges.
On June 6, 1949, he issued and duly served upon the parties his Re-
port on Challenges in which he recommended that the challenges to
the ballots of Alphonse Fiore, Albert Washington, and Ernest P.
Vaka be sustained and that no determination be made of the challenge
to the ballot of Frank Oapobianco. Thereafter, the Employer filed
exceptions to the Regional Director's recommendations as to the bal-
lots of Vaka and Capobianco. On June 28, 1949, the Board directed
that the record in this proceeding be reopened and that a further
hearing be held for the purpose of ascertaining the exact nature of
the duties performed by these two employees. This hearing was
held on August 2,1949.
' Matter of Natural Products Company, 82 N. L. R. B. 1418. The unit consists of all
production and maintenance employees, including truck drivers , but excluding the sales-
men, office and clerical employees, and all supervisors as defined in the Act."
86 N. L. R. B., No. 49.
382
NATURAL PRODUCTS COMPANY
SUPPLEMENTARY FINDINGS OF FACT
383
Ernest P. Vaka was challenged by the Petitioner on the ground that
lie is not employed within the appropriate unit. Vaka has been em-
ployed by the Employer for 29 years. For 26 of these years he worked
as an outside salesman. For the past 21/z years he has been perform-
ing the duties of an inside man and is listed on the Employer's pay
roll as "office miscellaneous." His main duties consist in preparing a
daily work sheet for the production department from orders received
in the mail. He also takes orders for merchandise over the telephone
and writes up these orders as a salesman. He spends 2 or 3 hours of
each day at his desk checking orders and price lists, and the remainder
of his time he spends circulating about the plant checking on em-
ployees. He receives a salary of $85 per week, which is the second
highest paid in the plant, second only to the general manager. He
also owns J percent of the stock of the Employer.
In view of the foregoing, we find that Ernest P. Vaka is not a pro-
duction and maintenance employee and is therefore not included in
the unit found appropriate. Accordingly, we further find that he
was not eligible to vote in the election and hereby sustain the challenge
to his ballot.
As.no exceptions were filed to the Regional Director's recommenda-
tions as to the ballots of Alphonse Fiore and Albert Washington, we
hereby adopt his recommendations and sustain the challenges to these
ballots. In view of the fact that the remaining challenged ballot, that
of Frank Capobianco, cannot affect the election results, we find it
unnecessary to pass on the validity of his ballot.
As it appears from the Tally of Ballots that the Petitioner has se-
cured,a majority of the valid votes cast, we shall certify it as the
collective bargaining representative of the employees in the unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Brotherhood of Teamsters,
Chauffeurs, Warehousemen, and Helpers of America, Local 829, A. F.
L., has been designated and selected by a majority of the employees in
the unit found appropriate in the Decision and Direction of Election
herein, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the Act, as amended; the
said organization is the exclusive representative of all the employees
in such unit for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
MEMBERS HOUSTON and MURDOCK took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.