R. S. Green, Inc.

National Labor Relations Board - Board Decisions

Feb 21, 1941

29 N.L.R.B. 1004 (N.L.R.B. 1941)

In the Matter of R. S. GREEN, INC. and UNITED CONSTRUCTION WORKERS
ORGANIZING COMMITTEE
Case No. B-2274.-Decided February 01, 1941
Jurisdiction : building supplies wholesaling and retailing 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 chauffeurs, helpers, and yard-
men ; agreement as to.
Mr. Albert A. Sapero, of Baltimore, Md., for the Company.
Mr. Frank J. Bender, of Baltimore, Md., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
,On September 19, 1940' United' Construction Workers Organizing
Committee, herein called the Union, filed with the Regional Director
for the Fifth Region (Baltimore, Maryland) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of R. S. Green, Inc., Baltimore, Maryland, 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 January 10,
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 investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On January 14; 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. On January 17, 1941, the Regional Director issued it notice
of postponement of-hearing. Pursuant to notice, a hearing was held
on January 28, 1941, at Baltimore, Maryland, before Herbert O. Eby,
29 N. L. R. B., No. 142.
1004
R. S. GREEN, INC. 1005
the Trial Examiner duly designated by the Board. The Company
was represented by counsel, the Union by its representative; both par-
ticipated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the issues
'was afforded all parties. During the course of the hearing the Trial
Examiner made several ruling on motions and on objections to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The 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
R. S. Green, Inc., is a Maryland corporation with its principal place
of business at Baltimore, Maryland, where it is engaged in the business
of selling building supplies and materials at wholesale and retail.
During 1939 the Company purchased materials for resale valued at
about $580,700, approximately $503,319 worth of which were shipped
to it from points outside the State of Maryland. During 1939 the
Company sold products valued at about $715,000 less than 1 per cent
of which represents goods sold by it to points outside the State of
Maryland. The Company employs approximately 36 employees.
H. THE ORGANIZATION INVOLVED
United Construction Workers Organizing Committee is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union until it is certified
as the exclusive representative of the employees by the Board. A
statement of the Regional Director, introduced in evidence at the hear-
ing, shows that the Union represents a substantial number of em-
ployees in the unit alleged by it to be appropriate.'
We find that a question has arisen concerning the representation of
employees ofthe Company. ,
1 The Regional Director 's statement shows that 19 employees whose names appear on the
Company ' s pay ' roll of December 31, 1940, have signed membership apphcation cards in
the UTnion . All these cards are dated in the last 7 months of 1940. There are approxi-
mately 23 employees in the unit alleged by the Union to be appropriate.
1006, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF TILE 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 rela-
tion 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,
The Company and the Union agreed at the hearing that the appro-
priate unit should consist of all chauffeurs, helpers, and yardmen of
the Company. We see no reason for departing from such unit.
We find that all chauffeurs, helpers, and yardmen of the Company
constitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Union seeks to be certified on the basis of the record.2 The
Company stated that it desired an election to resolve the question con-
cerning representation. We. believe that the question concerning rep-
resentation can best be resolved by means of an election by' secret
ballot .3
The Union urged that the October 1, 1940, pay roll of the Company
be used as a basis for determining eligibility to vote in the event the
Board directed an election. The Union stated in support of its re-
quest to use such a pay roll that it was the pay roll immediately follow-
ing the date of the petition herein and the Union's request of the Com-
pany for recognition. A representative of the Company testified that
although the Company has a few employees on its current pay roll who
were not in its employ on October 1, 1940, its current pay roll contains
approximately the same number of employees as the October 1, 1940,
pay roll. Under these circumstances, we shall direct that the em-
ployees of the Company eligible to vote in the election shall be those in
the appropriate unit who were employed ,during the pay-roll period
immediately preceding the date of the Director of Election herein, in-
cluding employees who did not work during such pay-roll period
2 See footnote 1, supra.
3 See Matter of Armour & Company and United Packinghouse Workers, Local Industrial
Union, No. 13, of Packinghouse TVoikers Organizing Committee, affiliated with the CIO,
13 N L R E. 567.
R. S. GREEN, INC. 1007
because they were ill or on vacation and employees who were then or
have since been temporarily laid off, but excluding those employees
who have since quit or been discharged for cause.
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 represen-
tation of employees of R. S. Green, Inc., Baltimore, Maryland, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All chauffeurs, helpers, and yardmen of the Company constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
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, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with R. S. Green, Inc., Baltimore, Maryland, 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 direction and
supervision of the Regional Director for the Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, of said Rules and Regulations, among all
chauffeurs, helpers, and yardmen of the Company who were employed
during the pay-roll period immediately preceding the,date of this
Direction, including employees who did not work during such pay-roll
period because they were ilt or on vacation-and employees who were then
or have since been temporarily laid off, but excluding employees who
have since quit or been discharged for cause, to determine whether or not
they desire to be represented by United Construction Workers Organiz-
ing Committee, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining.