Pabst Brewing Co.

National Labor Relations Board - Board Decisions

Jul 23, 1954

109 N.L.R.B. 371 (N.L.R.B. 1954)

PABST BREWING COMPANY 371
went agree â–º uent and without opportunity to express their desires in
a representation election and in view of the brief period of less than
3 months during which they were covered by the bargaining contract
for the overall unit, we conclude there has not been an effective merger
of the mechanics and helpers with the certified unit. Inclusion in
the operating and maintenance unit for such a short period of time
cannot foreclose an effective protest from the employees concerned or
render inappropriate an otherwise appropriate unit confined to such
employees.
,The nature of the work of the mechanics and helpers, their lack of
interchange with operating and maintenance employees, their sepa-
rate supervision, rmd dissimilar working conditions convinces the
Board that the mechanics and mechanics' helpers are a departmental
group who may properly constitute a separate bargaining unit for
the determination of a question concerning representation.
Accordingly, the Board finds that all mechanics and mechanics'
helpers in the garage shop at the Employer's Mount Pleasant, Texas,
operation, excluding the operating and maintenance employees, office
Clerical-employees, truckdnvers and hostlers, guards, and supervisors
as defined in the Act may constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act. We shall direct an election among these employees. If
a majority of the employees vote against the Union, the latter organi-
zatlo ►► will be decertified as representative of the Employer's me-
chauics and mechanics' helpers. If, however, a majority of the
employees cast their ballots for the Union, they will be taken to have
indicated their desire to be a part of the operating and maintenance
Iunt and the Union may bargain for the mechanics and mechanics'
helpers as part of that unit.
.[ fext of Direction of Election omitted from publication.]
'Allen Wales Adding 31och,ne Division of the National Cash Register Company,
94 NLRB 1288.
PABST BREWING COMPANY and INTERNATIONAL UNION OF UNITED
BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS
OF AMERICA, CIO, AND ITS LOCAL UNION No. 77, PETITIONER. Case
No. 13-RC-3868. July 23, 1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Libor
Relations Act, a hearing was held before Irwin M. Lieberman, hear-
109 NLRB No. 54
334811-.33-vol 100 2a
372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees 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 Petitioner seeks to represent as a separate residual unit all
of the Employer's sanitation department employees working at its
brewery in Peoria, Illinois. In the alternative, the Petitioner seeks
to represent these employees as part of the production unit it now
represents. At the hearing, the Employer took no position as to the
requested unit, stating that it would leave the unit question to the
determination of the Board. In its brief to the Board, however, the
Employer urges that the requested employees be added to the exist-
ing unit and not be set up as a separate unit.
The Employer maintains five different operations in the Peoria
area.' Only its brewery is involved in this proceeding. The Peti-
tioner has had contracts which covered all production employees at
the brewery since about 1939.2 The last contract, executed in July
1949, expires August 31, 1954.3 The sanitation department employ-
ees 'are the only hourly rated employees who are not covered by col-
lective-bargaining agreements.
There are 34 employees in the sanitation department, including 30
janitors, 3 insect and rodent control employees, and 1 employee who
works in the garage. All work under the supervision of the foreman'
of the sanitation department. Their wage rates are based on the
wage scale in the brewing industry. The janitors perform the usual
work of their classification. They do not interchange with other em-
ployees in the brewery or with janitors in the other plants. Two
janitors from the brewery, however, are assigned to do part-time
janitor work in the malt syrup plant as there is not enough work for
full-time janitors in that plant. The 3 insect and rodent control
employees are responsible for maintaining sanitary conditions in all
1 The Employer operates a brewery in Peoria Heights, a malt syrup plant contiguous to
the brewery in Peoria Heights , and a malt house , an industrial products plant, and a corn
grits mill, all in Peoria.
3 These contracts, which were not based on Board certifications, covered employees in
the bottling, brewing, receiving, and shipping departments
3 The 1949 contract is a multiemployer contract The other two signatories to the con-
tract besides the Employer, however, are no longer in the brewing business . The record
shows that they do not have any unrepresented employees aside from office personnel.
There is no contention made that a multiemployer unit should be found appropriate in
this case.
AMERICAN STEEL & WIRE DIVISION 373
5 ,.of the Employer's plants in the Peoria area. Although they are
based at the brewery and are considered part of the sanitation de-
partment personnel, they go wherever their work is required. The
garage employee is responsible for cleaning and washing the Em-
ployer's cars and trucks and keeping the garage clean. When he is
on vacation or absent for any reason, he is relieved by another sanita-
tion department employee.
From the foregoing, it is clear that the employees sought by the
Petitioner constitute a residual group which has been excluded from
the unit currently represented by the Petitioner. We find that the
sanitation department employees have sufficient community of inter-
ests with the production employees to be included in the same unit.,
Accordingly, we shall direct an election in the following voting group :
All sanitation department employees at the Employer's Peoria, Illi-
nois, brewery, including janitors, insect and rodent control employ-
ees, and garage employees, but excluding the sanitation department
foreman and all other supervisors.
If a majority of employees in the foregoing voting group vote for
the Petitioner, they will be taken to have indicated their desire to
be included in the existing unit of employees at the Employer's
brewery presently represented by the Petitioner, and the Regional
Director conducting the election is instructed to issue a certification
of the results of election to that effect.
[Text of Direction of Election omitted from publication.]
..4 The Board usually includes janitors in production and maintenance units. Underwood
Corporation, 107 NLRB 1132; Palmer Manufacturing Company, 103 NLRB 336.
AMERICAN STEEL & WIRI' DIVISION Or UNITED STATES STEEL COR
-PORATIONand LOCAL 5000, UNITED STEELWORKERS of AMERICA,
CIO,1 PETITIONER. Case No. 8-RC-21!1. July 23, 1954
Decision and Direction of Election .
Upon a petition duly filed under Section 9. (c) of the National
Labor Relations Act, a hearing was held before Paul Weingarten,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the nleaning of
the Act.
2. The labor organizations involved claim to represent employees
of the Employer.
i The name of the Petitioner appears as amended at the hearing.
109 NLRB No. 65.