Nolde Brothers, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1948

79 N.L.R.B. 1245 (N.L.R.B. 1948)

In the matter of NOLDE BROTHERS, INC., EMPLOYER and TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL 822, AFL,
PETITIONER
Case No. 5-RC-110.-Decided September 30, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing offi-
cer of the National Labor Relations Board. 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
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is enaged in commerce within the meaning of the
National Labor Relations Act.'
2. The labor organization named herein claims to represent employ-
ees of the Employer.
3. No question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act for the following reasons:
The Petitioner seeks a unit composed of all driver-salesmen em-
ployed by the Employer at its Newport News, Virginia, loading sta-
tion. The Employer contends that the proposed unit is inappropriate
for the purposes of collective bargaining inasmuch as it does not
embrace all of its driver-salesmen in that area.
*Houston , Reynolds , and Gray.
1 During the year 1947 , the Employer purchased goods having a value of $2,697 ,240 from
points outside the State of Virginia . During the same period , the Employer sold goods
having a value of $124,450 to points outside the State of Virginia . Inasmuch as there is
a substantial outflow and inflow of goods to and from points outside the , State of Virginia,
we find that it will effectuate the policies of the Act to assert jurisdiction in this case.
Matter of Phoenix Pie Company, 79 N. L. R. B. 754; Matter of Superior Bakery, 78 N. L.
R. B. 1172. Cf. Matter of Fehr Baking Company, 79 N. L. R. B. 440; Matter of Sta-Kleen,
Bakery, Inc., 78 N. L. R. B. 798.
79 N. L. R. B., No. 162.
1245
1246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer is engaged in the manufacture of bread, rolls, cakes,
and other bakery products at its Richmond and Norfolk, Virginia,
plants, and in the sale and distribution of these products in the whole-
sale trade. Richmond and its immediate vicinity are served directly
from the Richmond plant, and Norfolk and its immediate vicinity are
served directly from the Norfolk plant. In addition, the Employer
maintains loading stations at the following places in Virginia : New-
port 'News, Warsaw, South Hill, Fredericksburg, Gloucester, and
Suffolk. Each loading station consists of several trucks, which are
supplied by a larger truck from one of the baking plants. All loading
stations are supplied from the Richmond plant except Suffolk, which
is supplied from the Norfolk plant. The trucks at each loading sta-
tion are operated by driver-salesmen, who sell and distribute the
Employer's products in the communities surrounding the loading
station.
There are eight driver-salesmen employed at the Employer's New-
port News loading station. They are under the direction of a super-
visor who, in turn, is under the supervision of the Richmond plant
manager. "These employees are carried on the pay roll of the Richmond
office and all accounts and reports are rendered to that office. All
driver-salesmen at the Norfolk plant and at the Suffolk loading station
are under the supervision of the Norfolk plant. They are carried
on the Norfolk pay roll, and all accounts and reports are rendered
to the Norfolk office. Newport News and Norfolk are connected by
a ferry. Richmond is 78 miles distant.
From 1945 to 1948, the Petitioner herein bargained with the Em-
ployer for all driver-salesmen, drivers, mechanics, mechanics' helpers,
car washers, and greasers, employed by the Employer at Norfolk,
Suffolk, and Newport News. Pursuant to the desire of a'majority
of its employees covered therein, the Employer, by proper and timely
-notice, terminated the 1947 contract. There has been no collective
-bargaining on behalf of the-employees hereinabove named since Janu-
ary 22, 1948, the expiration date of the 1947' contract.
We find that 'a unit confined to the driver-salesmen at-the Newport
News loading station alone is -too limited in scope and not sufficiently
autonomous to be appropriate for the purposes of collective bargain-
ing. Accordingly, we find that the Petitioner's proposed unit is in-
appropriate and shall, therefore, dismiss the petition herein. ' '
ORDER' '
Upon the basis of the entire 'record in this case, the National Labor
Relations Board hereby orders that the petition filed in.the instant
matter be, and it hereby is, dismissed.