Old Colonel Distillery

National Labor Relations Board - Board Decisions

Jun 23, 1941

32 N.L.R.B. 1006 (N.L.R.B. 1941)

In the Matter of OLD COLONEL DISTILLERY and DISTILLERY, RECTIFYING
& WINE WORKERS INTERNATIONAL UNION OF AMERICA, AFFILIATED
WITH TAE A. F. OF L.
Case No. R-2615.-Decided June 23, 1941
Jurisdiction : whiskey distilling industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union until it Is certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all bottling house production em-
ployees and all maintenance and shipping employees, excluding all office
employees and employees having the right to hire or discharge ; agreement
as to.
Mr. Lawrence S. Graumcan, of Louisville, Ky., for the Company.
Mr. John E. McKiernan, of Louisville, Ky., for the Union.
Mr. Ralph S. Clifford, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 8, 1941, Distillery, Rectifying & Wine Workers Interna-
tional Union of America, affiliated with the A. F. of L., herein called
the Union, filed with the Regional Director for the Ninth Region
(Cincinnati, Ohio) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of Old
Colonel Distillery, Louisville, Kentucky, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On May 21, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section 9
(c) of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On May 29, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on June 3; 1941, at Cincinnati,
32 N. L. R. B., No. 162.
1006
OLD COLONEL DISTILLERY 1007
Ohio, before Alba B. Martin, the Trial Examiner duly designated by
the Chief Trial Examiner . The Company and the Union were repre-
sented and participated in the hearing . Full opportunity to be heard,
to examine and to cross -examine witnesses , and to introduce evidence
bearing on the issues was afforded all parties . During the hearing
the Trial Examiner made rulings on the admission of evidence . These
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I..THE BUSINESS OF THE COMPANY
The Old Colonel Distillery, a Kentucky corporation, operates two
plants, one a distillery, located at Juniper Springs in Scott County,
Kentucky, and the other a bottling plant, located at 715 West Main
Street, Louisville, Kentucky.' The Company is engaged in the dis-
tilling of whiskey at its distillery, and in the rectifying and bottling of
aged whiskey for wholesale distribution, at its Louisville plant. The
Company has an annual total business of approximately $400,000.
About 2 per cent of the Company's business comprises the purchase, bot-
tling, and sale of gin which is bought and sold in the Commonwealth
of Kentucky. About 98 per cent of the Company's business involves
the sale of whiskey. The whiskey is obtained in the Commonwealth
of Kentucky and is rectified and bottled in the bottling plant in Louis-
ville. Approximately 90 per cent of the finished product is shipped
to States other than Kentucky.
The Company admits that it is engaged in interstate commerce within
the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Distillery, Rectifying & Wine Workers International Union of
America, affiliated with the A. F. of L., is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing the parties stipulated that the Company refuses to
recognize the Union as the sole and exclusive representative for its
employees at the Louisville, Kentucky, plant, until the Board certifies
the Union.
At the hearing a report prepared by the Regional Director was in-
troduced in evidence showing that the Union represents a substantial
1 This proceeding is concerned only with the plant in Louisville , Kentucky.
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
number of the employees within the unit hereinafter found to be
appropriate.2
We find a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I, above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties agreed, and we find, that all the bottling
house production employees at the Louisville plant and all maintenance
and shipping employees at the Louisville plant of the Company, ex-
cluding all office employees and employees having the right to hire or
discharge, constitute a unit appropriate for the purposes of collective
bargaining. We further find that said unit will insure to employees
of the Company the full benefit of their right to self-organization and
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot . At the hearing the parties stipulated that
the pay roll of May 30, 1941, should be used to determine eligibility
to vote in the election . It was further stipulated that Mary Skaggs,
although not on the May 30, 1941 payroll is entitled to vote, as she
had been laid off within 4 weeks prior to the date of the hearing. We
shall direct that those eligible to vote in the election shall be the
employees within the appropriate unit who were employed by the.
Company during the pay roll period of May 30, 1941 , including Mary
Skaggs, subject to such limitations and additions as are set forth in
the Direction.
2 The statement of the Regional Director concerning claims of authorization for the
purpose of representation shows that the Union submitted 14 signed application cards,
dated during February and March 1941, and all bearing apparently genuine, original sig-
natures of persons whose names appear on the Company 's pay roll as of the week ending
May 3, 1941.
At the time of the bearing ( June 3, 1941 ) there were 20 employees within the unit
claimed by both parties to be appropriate.
OLD COLONEL DISTILLERY 1009
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of the employees of Old Colonel Distillery, Louisville, Keli-
tucky, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All bottling house production employees at the Louisville plant,
and all maintenance and shipping employees at the Louisville plant
of the Company, excluding all office employees and employees having
the right to hire or discharge, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIREC'T'ION OF ELEC'T'ION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIIIECrEI that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Old Colonel Distillery, Louisville, Kentucky, an election by
secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Ninth Region,
acting in this matter as agentfor the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all bottling house production employees at the Louisville plant
and all maintenance and shipping employees at the Louisville plant
of the Company, who were employed during the pay-roll period of
May 30, 1941, including employees who did not work during such pay-
roll period because they were ill, or on vacation, or in the active mili-
tary service or training of the United States, or temporarily laid off,
and also including Mary Skaggs, but excluding all office employees
and employees having the right to hire or discharge, and those who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented for purposes of collective bargaining
by Distillery, Rectifying & Wine Workers International Union of
America, affiliated with the A. F. of L.