Raleigh Coca Cola Bottling Works

National Labor Relations Board - Board Decisions

Feb 12, 1946

65 N.L.R.B. 1010 (N.L.R.B. 1946)

In the Matter of RALEIGH COCA COLA BOTTLING WORKS, A CORPORA-
TION, AND RALEIGH DISTRIBUTING COMPANY, A CORPORATION and
UNITED CONSTRUCTION WORKERS, AFFILIATED WITH UNITED MINE
WORKERS OF AMERICA
Case No. 9-R-1898.-Decided February 12, 1946
Mr. Floyd M. Sayre; of Beckley, W. Va., for the Companies.
Mr. Luke Brett, of Beckley, W. Va., for the Union.
Mr. John A. Nevros, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Construction
Workers, affiliated with United Mine Workers of America, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Raleigh Coca
Cola Bottling Works, A Corporation, Beckley, West Virginia, and,
Raleigh Distributing Company, A Corporation, Mabscott, West Vir-
ginia, herein called the Companies,' the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Allen Sinsheimer, Jr., Trial Examiner. The hearing was held at
Beckley, West Virginia, on October 30, 1945. The Companies and
the Union appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Raleigh Coca Cola Bottling Works is a West Virginia corporation
having its principal place of business at Beckley, West Virginia, with
I The names of the Companies appear as amended at the hearing.
65 N. L. R. B., No. 179.
1010
RALEIGH COCA COLA BOTTLING WORKS 1011
two plants situated approximately 30 miles apart in Beckley and
Mullens, West Virginia, respectively. Raleigh Distributing Com-
pany, a West Virginia corporation, is a wholly owned subsidiary of
the Raleigh Coca Cola Bottling Works, and operates its only plant
at Mabscott, West Virginia.
Raleigh Coca Cola Bottling Works is engaged in the manufacture,
bottling, and distribution of a soft drink known as Coca-t..Cola and of
various flavors of soda water, and also in the manufacture of ice.
About 50 percent of its bottled products is Coca-Cola. It holds a
franchise from Coca Cola Bottling Company (Thomas), Inc., a Ten-
nessee corporation, which grants the Company exclusive bottling and
distribution rights for Coca-Cola in Raleigh, Fayette, and Wyoming
counties of West Virginia. Coca Cola Bottling Company (Thomas),
Inc., in turn has a franchisg from the Coca Cola Company, a Delaware
corporation, which is the original Coca Cola Company. In the first
10 months of 1945 the Company purchased raw materials consisting
principally of syrup, extracts, liquid carbonic dioxide, bottles and
crowns amounting in value to about $260,000, of which approximately
$250,000 worth was purchased from sources outside the State of West
Virginia. During the same period the Company's sales exceeded $260,-
000 in value and were all made within the State. -
Raleigh Distributing Company is engaged solely in the distribution
of beer in Raleigh, Fayette, and Wyoming counties of West Virginia.
In the first 10 months of 1945 it purchased bottled beer valued at
approximately $169,000, all of which was obtained from sources out-
side the State of West Virginia, and distributed within the State.
On these facts we find, contrary to the contention of the Companies,
that each of them is engaged in commerce within the meaning of the
National Labor Relations Act.'
II. THE ORGANIZATION INVOLVED
United Construction Workers, affiliated with United Mine Workers
of America, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Companies have refused to grant recognition to the Union as the
exclusive bargaining representative of its employees on the ground,
' See N. L. R. B. v . Wm. Tehel Bottling Company, 129 F. (2d) 250 ( C. C. A. 8),
enf'g 30 N. M . R. B. 440, Newport News Shipbuilding t Drydock Co., et at. Y. N. L. It. B.,
101 F. ( 2d) 841 , 843 (C. C. A. 4), enf 'g as mod. 8 N. L. R. B. 866.
See also Matter of Coca-Cola Bottling Company of Jamestown , 46 N. L. R . B. 799, and
Matter of Coca-Cola Bottling Works, 46 N . L. R. B. 180.
1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
among others,3 that they do not know whether the Union represents a
majority of their employees.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.4
We find that a question affecting commerce has arisen concerning
the represeltation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the apparent agreement of the parties,
that all employees of the Raleigh Coca Cola Bottling Works at its
plants in Beckley and Mullens, West Virginia, and of the Raleigh
Distributing Company at its plant in Mabscott, West Virginia, in-
cluding route salesmen, extra truck drivers, truck helpers, machine
labor, janitors, mechanics helpers, mechanics, warehousemen, ma-
chine operators, common labor, advertising department employees,5
ice pullers, ice plant engineers, and the chief ice plant engineer 6 but
excluding clerical employees, the superintendent of the Mullens plant,
the superintendent of the Beckley plant, the trucking route supervisor,
and all or any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b)' of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
As noted above, at the time of the hearing there were approxi-
mately 70 employees in the unit. It also appeared that 38 of the Com-
panies' employees were in the armed services and had reemployment
rights at the operations here involved. The Companies contend that,
in these circumstances, an election should not be held unless some pro-
vision is made to vote employees in the armed services-by mail ballot,
if necessary. We are of the opinion that the circumstances in this
case are not materially or substantially different from those present in
H One of the other reasons, treated in Section I, supra, was that the Companies are not
subject to the jurisdiction of the Board . Another of these reasons , treated in Section V,
infra, was that they opposed a present election unless provision was made to vote their
employees in the armed services.
4 The Field Examiner , on August 21, 1945, reported that the Union submitted 61 author-
izatioricards , bearing the names of 40 employees listed on the Companies' then current
pay roll , and that there were then approximately 79 employees in the unit sought. The
record shows that at the time of the hearing there were approximately 70 employees in the
alleged appropriate unit.
5 These employees actually paint signs , make signboards , wallboards and "put up " adver-
tising mateiial. They are not the usual advertising personnel who write copy.
e The record is clear that this individual is not a supervisory employee within our
customary definition of that term.
RALEIGH COCA COLA BOTTLING WORKS 1013
Matter of South West Pennsylvania Pipe Lines.' Accordingly, we
shall provide for the mail balloting of employees in the armed services
who fall within the appropriate unit, subject to the conditions here-
inafter mentioned.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction.of Election
herein, subject to the limitations and additions set forth in the Direc-
tion. The Regional Director shall mail ballots to employees within
the appropriate unit on military leave, provided one or more of the
parties hereto within seven (7) days from the issuance of the Direction
of Election, files with the Regional Director a list containing the
names, most recent addresses, and work classifications of such em-
ployees. The Regional Director shall open and count the ballots cast
by mail by employees on military leave, provided that such ballots
must be returned to and received by the Regional Office within thirty
(30) days from the date they were mailed to such employees by the
Regional Director.8
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Raleigh Coca
Cola Bottling Works, A Corporation, Beckley, West Virginia, and
Raleigh Distributing Company, A Corporation, Mabscott, West Vir-
ginia, an election by secret ballot shall be conducted as early as pos-
sible, but not later than forty-five (45) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Ninth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Sections 10
and 11, of said Rules and Regulations, among employees in the unit
7 64 N L R B. 1384
8 A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary in order to avoid
challenges and post -election objections. Accordingly, the Board will make available to all
interested parties any information of this nature furnished by any other party. In the
event that the parties should send the-absentee voters information or- literature bearing
directly or indirectly on the pending election, copies of all such documents should be
simultaneously, filed with the Regional Office for inspection by or transmittal to the other
parties. However, acceptance or transmittal of such literature by the Board ' s office is not
to be construed as conferring immunity on the filing party in the event that objections are
later interposed concerning its content . The usual principles will apply.
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-.roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Construction Workers, affiliated with United Mine Workers of Amer-
ica, for the purposes of collective bargaining.