Royal Crown of Boston, Inc.

National Labor Relations Board - Board Decisions

Mar 9, 1949

81 N.L.R.B. 1301 (N.L.R.B. 1949)

In the Matter of ROYAL CROWN OF BOSTON , INC., EMPLOYER and JAMES
W. MCGRATH, PETITIONER and RETAIL, WHOLESALE & DEPARTMENT
STORE UNION, LOCAL 513, CIO, UNION
Case No. 1-RD-37.-Decided March 9, 19.49
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the National Labor Relations Board has delegated its
powers in connection with this case to a three-man panel consisting of
the undersigned Board Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner asserts that the Union is no longer the representa-
tive of certain employees of the Employer, as defined in Section 9 (a)
of the amended Act. The Union is the current recognized bargaining
representative of those employees.
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 following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
All driver-salesmen and inside production employees at the Em-
ployer's Boston, Massachusetts, plant, excluding office and clerical
employees, executives, guards, professional employees, and supervisors
as defined in the Act .1
*Chairman Herzog and Members Houston and Gray.
' These employees are presently represented by the Union.
81 N. L. R. B., No. 202.
1301
1302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Royal Crown of Boston, Inc.,
Boston, Massachusetts, an election by secret ballot shall be conducted
as early as , possible, but not later than 30 days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the First Region, and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations-Series 5,
as amended, among the employees in the unit found appropriate in
paragraph numbered 4, above, who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, but ex-
cluding 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, and also excluding employees on strike who are not entitled
to reinstatement, to determine whether or not they desire to be repre-
sented, for purposes of collective bargaining, by Retail, Wholesale &
Department Store Union, Local 513, C. I.0.2
2 The Union is not in compliance with the filing requirements of the Act Accordingly,
if the Union wins the election, and it has not complied with such requirements, the Board
will certify only the arithmetical results of the election. See Matter of American Smelting
and Refining Company, 80 N. L. R. B. 68 ( and cases cited therein).