Philadelphia Dairy Products Co., Inc.

National Labor Relations Board - Board Decisions

Dec 30, 1941

37 N.L.R.B. 1042 (N.L.R.B. 1941)

In the Matter of PHILADELPHIA DAIRY PROVUCrs Co., INC. and LOCAL
INDUSTRIAL UNION No. 1119, CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
Case No. R-9898
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December' 30, 1941
On November 7, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceeding, directing that separate elections by
secret ballot be conducted among employees of the Philadelphia
Dairy Products Co., Inc., herein called the Company, in the fol-
lowing groups: (1) among power and maintenance employees;
(2) among production, transportation, and shipping employees.
Pursuant to the Direction of Elections, elections by secret ballot
were conducted on December 2, 1941, under the direction and super-
vision,of the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania). On December 5 and 10, 1941, respectively, the
Regional Director,- acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served upon the parties his Election
Reports.
As to the balloting concerning the Company's production, trans-
portation, and shipping employees, the Regional Director reported
that 15 ballots cast in the election were challenged, and that on
December 9, 1941, a hearing was conducted, in which all parties
participated, to investigate these challenges. He further reported
that during the course of the investigation Local Industrial Union
No. '1119, which had made the challenges, withdrew its objections
and agreed that the challenged ballots should be counted. The
Regional Director reported that the final results after counting the
challenged ballots are as follows:
Total on eligibility list ------------------------------------ 193
Total ballots cast----------------------------------------- ISO
1 36 N L R- B 737
37 N. L. It B., No. 182.
1042
PHILADELPHIA DAIRY PRODUCTS, CO., INC. 1043
Total blank ballots--------------------------------------- 0
Total void ballots------------------------------ ------- ----------- 2
Total valid votes counted--------------------------------- 187
Votes cast for International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America,
Driver Salesmen's Union Local 463, affiliated with the
American Federation of Labor-------------------------- 07
Votes cast for Aristocrat Employees Protective Association__ 1
Votes cast for Local Industrial Union No. 1119, affiliated with
the Congress of Industrial Organizations----------------- 78
Votes cast for None of These Organizations---------------- 1
As to the balloting and its results concerning the Company's power-
and maintenance employees, the Regional Director reported as follows-
Total on eligibility list-------------------------------------- 33
Total ballots cast------------------------------------------- 33
Total valid votes counted------------------------------------ 32
Challenged ballots__________________________________________ 1
Blank ballots---------------------------------------------- 0
Void ballots------------------------------------------------ 0
Votes cast for Aristocrat Employees Protective Association---- 0
Votes cast for International Brotherhood of Firemen, Oilers,
Powerhouse Operators, Ice Plant Employees and Maintenance
Men, Local 473, affiliated with the A. F. of L________________ 27
Votes cast for Local Industrial Union No 1119, affiliated with
the C. 1. 0------------------------------------------------- 5
Votes cast for None of These Organizations------------------- 0
In its Decision and Direction of Elections, above referred to, the
Board made no final determination as to the appropriate unit or units,
but found "that all production, transportation, and shipping em-
ployees in the Company's ice-cream plant, including employees in the
restaurant and printing departments [with certain exceptions] may
properly constitute a unit appropriate for the purposes of collective
bargaining" and that "power and maintenance employees (including
watchmen) may or may not be included within such'unit, depending
on the results of an election."
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that the following groups of employees of the Company
constitute separate units for the purposes of collective bargaining, and
that said units will insure to the respective employees of the Company
the full benefit of their right to self-organization and to collective bar-
gaining and will otherwise effectuate the policies of the Act:
(a) All production, transportation, and shipping employees in the
Company's ice-cream plant, including employees in the restaurant and
printing departments, but excluding employees above the rank of
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foremen (including the personnel man), office and clerical employees
in all departments , the nurse , and laboratory workers ;
(b) All power and maintenance employees (including watchmen).
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All production, transportation, and shipping employees in the
Company's ice-cream plant, including employees in the restaurant and
printing departments, but excluding employees above the rank of
foremen (including the personnel man), office and clerical employees
in all departments, the nurse, and laboratory workers, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
2. All power and maintenance employees of the Company (includ-
ing watchmen ) constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
49 Stat. 449 , and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT ISJIIEREBY CERTIFIED that International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, Driver Sales-
men's Union Local 463, affiliated with the American Federation of
Labor, has been designated and selected by a majority of all produc-
tion, transportation, and shipping employees in the ice-cream plant of
Philadelphia Dairy Products Co., Inc., including employees in the
restaurant and printing departments , but excluding employees 'above
the rank of foremen (including the personnel man), office and clerical
employees in all departments, the nurse, and laboratory workers, as
their representative for the purposes of collective bargaining , and that,
pursuant to Section 9 (a) of the Act, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, Driver
Salesmen's Union Local 463, affiliated with the American Federation
of Labor, is the exclusive representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment and other conditions of employment; and
IT IS HEREBY CERTIFIED that International Brotherhood of Firemen,
Oilers, Powerhouse Operators, Ice Plant Employees and Maintenance
Men, Local 473, affiliated with the A . F. of L ., has been designated and
selected by a majority of all powerhouse and maintenance employees
(including watchmen) of Philadelphia Dairy Products Co., Inc., as
PHILADELPHIA DAIRY PRODUCTS CO., INC. 1045
their representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, International Brotherhood of
Firemen, Oilers, Powerhouse Operators, Ice Plant Employees and
Maintenance Men, Local 473, affiliated with the A. F. of L., is the exclu-
sive representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.
433257-42-VOL. 3 7-6 7