Squibb-Beechnut, Inc.

National Labor Relations Board - Board Decisions

Jun 17, 1970

183 N.L.R.B. 535 (N.L.R.B. 1970)

DOBBS HOUSES , INC. 535
Dobbs Houses, Inc., a Division of Squibb -Beechnut,
Inc. and Highway and Local Motor Freight Em-
ployees Local Union No. 667, Affiliated with the
International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America.
Case 26-CA-3598
June 17, 1970
DECISION AND ORDER
By MEMBERS FANNING, BROWN, AND JENKINS
summary judgment alleging that there are no fac-
tual issues which would warrant a hearing.
Thereafter, on March 30, 1970, the Board issued
an order transferring proceeding to the Board and
notice to show cause. On April 10, 1970, the
Respondent filed its answer to an Order to Show
Cause.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its powers in connec-
tion with this case to a three-member panel.
Upon the entire record in this case, the Board
makes the following:
Upon a charge filed by the Highway and Local
Motor Freight Employees Local Union No. 667, af-
filiated with the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America, herein called the Union, the General
Counsel for the National Labor Relations Board, by
the Regional Director for Region 26, issued a com-
plaint dated March 4, 1970, against Dobbs Houses,
Inc., a Division of Squibb-Beechnut, Inc., herein
called the Respondent, alleging that the Respon-
dent has engaged in,and is engaging in unfair labor
practices within the meaning of Section 8(a)(5)
and (1) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and
notice of hearing were duly served on the Respon-
dent.
With respect to the unfair labor practices, the
complaint alleges, in substance, that on November
18, 1969, a majority of the employees, in a unit
found appropriate by the Regional Drector for Re-
gion 26 of the Board,' in a secret ballot election
conducted under the supervision of the Regional
Director for Region 26 of the National Labor Rela-
tions Board, designated and selected the Union as
their representative for the purposes of collective-
bargaining, and on November 26, 1969, said Re-
gional Director certified the Union as the exclusive
collective-bargaining representative of the em-
ployees in said unit. The complaint further alleges
that since on or about January 22, 1970, and at all
times thereafter, the Respondent did refuse, and
has continued to refuse, to bargain collectively with
the Union as the exclusive collective-bargaining
representative of its employees. On March 11,
1970, the Respondent filed its answer, admitting in
part, and denying in part, the allegations of the
complaint, presenting an affirmative defense, and
requesting that the complaint be dismissed.
On March 25, 1970, the General Counsel filed
with the Board a motion by General Counsel for
' Decision and Direction of Election issued October 20, 1969, in Case
26-RC-3579 (not printed in NLRB volumes) Two separate units were
found appropriate, only one of µhich is under consideration here
Rulings on the Motion for Summary Judgment
Pursuant to a petition filed on August 25, 1969,
by the Union, seeking to represent certain em-
ployees of the Respondent, a hearing was held and
on October 20, 1969, the Regional Director for Re-
gion 26 issued a Decision and Direction of Election
finding the following unit of employees appropriate
and directing an election:
Unit 1: All production and maintenance em-
ployees including driver-loaders, helpers,
dispatchers, floor leaders, dish room, snacks,
silver, cream, salad, hot and cold food em-
ployees, at Dobbs Houses, Inc., a Division of
Squibb-Beechnut, Inc.'s Memphis, Tennessee,
catering division, excluding all office clerical
employees, watchmen, guards, and supervisors
as defined in the Act.
The Respondent's request for review of this deci-
sion was denied by telegraphic order of the Board
on November 13, 1969.
On November 18, 1969, pursuant to the Decision
and Direction of Election, an election was held
among the employees in the unit described above,
to determine whether or not they desired to be
represented for collective-bargaining purposes by
Highway and Local Motor Freight Employees
Local Union No. 667, affiliated with the Interna-
tional Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America. The tally
of ballots showed that 57 votes were cast for the
Union, I against the Union, and 4 were challenged.
Thereafter, a certification of representative was is-
sued to the Union on November 26, 1969.
On January 20, 1970, the Union requested the
Respondent to bargain collectively. The Respon-
dent, on January 22, 1970, refused, and continues
to refuse, this request. On February 19, 1970, the
Union filed the charge on which the complaint
herein was predicated.
183 NLRB No. 63
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In its answer to an Order To Show Cause, the
Respondent agrees that its contention asserting
that Respondent is not an employer engaged in
commerce within the meaning of Section 2(6) and
(7) of the Act was raised in Case 26-RC-3579, but
contends that this issue was not decided by the
Board. The Respondent further contends that it and
its employees are jointly covered by the provisions
of the Railway Labor Act and are not subject to the
jurisdiction of the National Labor Relations Act.
Respondent's contentions seek to relitigate con-
tentions made prior to and rejected in the Regional
Director's decision in Case 26-RC-35792 and in
the Board's denial of Respondent's request for
review of that decision. Inasmuch as Respondent
has already litigated such contentions, it has not
raised any issue which is properly triable in this
proceeding.'
As all material issues have been previously de-
cided by the Board, or admitted by Respondent's
answer to the complaint, there are no matters
requiring a hearing to which the National Media-
tion Board could be made a party. Accordingly, the
motion by General Counsel for summary judgment
is granted. On the basis of the record before it, the
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENT
The Respondent is, and at all times material
herein has been, a Tennessee corporation with a
place of business located at Memphis, Tennessee,
where it is engaged in the restaurant and airline
catering business. During the past year, a represen-
tative period, Respondent, in the course and con-
duct of its business operations, had gross revenues
in excess of $500,000 and during the same period
Respondent purchased and received at its Mem-
phis, Tennessee, location goods valued in excess of
$50,000 directly from points located outside the
State of Tennessee.
For the reasons set forth above, we find that the
Respondent is, and has been at all times material
herein, an employer engaged in commerce within
the meaning of Section 2(6) and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Highway and Local Motor Freight Employees
Local Union No. 667, affiliated with the Interna-
tional Brotherhood of Teamsters, Chauffeurs,
'We hale again examined the Decision and Direction of Election in
Case 26-RC-3579 and made an independent review of the record of the
hearing in the representation case and conclude that the Regional
Warehousemen and Helpers of America, is, and at
all times material herein has been, a labor organiza-
tion within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The Representation Proceeding
1. The unit
The following employees constitute a unit ap-
propriate for collective bargaining within the mean-
ing of Section 9(b) of the Act.
Unit 1: All production and maintenance em-
ployees including driver-loaders, helpers,
dispatchers, floor leaders, dish room, snacks,
silver, cream, salad, hot and cold food em-
ployees, at Dobbs Houses, Inc., a Division of
Squibb-Beechnut, Inc.'s Memphis, Tennessee,
catering division, excluding all office clerical
employees, watchmen, guards and supervisors
as defined in the Act.
2. The certification
On November 18, 1969, a majority of the em-
ployees of the Respondent in said unit, in a secret
ballot election conducted under the supervision of
the Regional Director for Region 26, designated the
Union as their representative for the purposes of
collective bargaining with the Respondent, and on
November 26, 1969, the Regional Director cer-
tified the Union as the collective-bargaining
representative of the employees in said unit and the
Union continues to be such representative.
B. The Request To Bargain and Respondent's
Refusal
Commencing on or about January 20, 1970, and
continuing to date, the Union has requested and is
requesting the Respondent to bargain collectively
with it as the exclusive collective-bargaining
representative of the employees in the above-
described unit. Since January 22, 1970, and con-
tinuing to date, the Respondent has refused and
continues to refuse to bargain collectively with the
Union as exclusive collective-bargaining represen-
tative of all employees in said unit.
Accordingly, we find that the Union was duly
certified as the collective-bargaining representative
of the employees of the Respondent in the ap-
propriate unit described above and that the Union
Director 's findings were correct , and that the issue of jurisdiction was cor-
rectl% decided
' E-Z Daises Cheirolet , 161 NLRB 1380 , enfd 395 F 2d 191 (C A 9)
DOBBS HOUSES , INC. 537
at all times since November 26, 1969 , has been and
now is the exclusive bargaining representative of all
the employees in the aforesaid unit , within the
meaning of Section 9 ( a) of the Act . We further find
that the Respondent has since January 22, 1970,
refused to bargain collectively with the Union as
the exclusive bargaining representative of its em-
ployees in the appropriate unit . By such refusal the
Respondent has engaged in, and is engaging in, un-
fair labor practices within the meaning of Section
8(a)(5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of the Respondent set forth in sec-
tion III , above, occurring in connection with the
operations described in section I, above, have a
close, intimate , and substantial relationship to
trade, traffic, and commerce among the several
States and tend to lead to labor disputes burdening
and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that the Respondent has engaged
in unfair labor practices within the meaning of Sec-
tion 8(a)(5) and (1) of the Act, we shall order that
it cease and desist therefrom and, upon request,
bargain collectively with the Union as the exclusive
representative of all employees in the appropriate
unit and , if an understanding is reached, embody
such understanding in a signed agreement.
In order to insure that the employees in the ap-
propriate unit will be accorded the services of their
selected bargaining agent for the period provided
by law, we shall construe the initial year of certifica-
tion as beginning on the date the Respondent com-
mences to bargain in good faith with the Union as
the recognized bargaining representative in the ap-
propriate unit . See Mar-Jac Poultry Company, Inc.,
136 NLRB 785; Commerce Company d/b/a Lamar
Hotel, 140 NLRB 226, 229, enfd. 328 F.2d 600
(C.A. 5), cert. denied 379 U.S. 817; Burnett Con-
struction Company, 149 NLRB 1419, 1421, enfd.
350 F.2d 57 (C.A. 10).
CONCLUSIONS OF LAW
1. Dobbs Houses, Inc., a Division of Squibb-
Beechnut , Inc., in an employer engaged in com-
merce within the meaning of Section 2(6) and (7)
of the Act.
2. Highway and Local Motor Freight Employees
Local Union No. 667, affiliated with the Interna-
tional Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America, is a labor
organization within the meaning of Section 2(5) of
the Act.
3. The following unit is an appropirate unit for
the purposes of collective bargaining within the
meaning of Section 9(a) of the Act:
Unit 1: All production and maintenance em-
ployees including driver- loaders, helpers,
dispatchers, flood leaders, dish room , snacks,
silver , cream , salad , hot and cold food em-
ployees, at Dobbs Houses , Inc., a Division of
Squibb-Beechnut , Inc.'s Memphis, Tennessee,
catering division, excluding all office clerical
employees , watchmen , guards and supervisors
as defined in the Act.
4. Since November 26, 1969, the Union has been
the exclusive representative of all employees in the
aforesaid appropriate unit for the purposes of col-
lective bargaining within the meaning of Section
9(b) of the Act.
5. By refusing on or about January 22, 1970, and
at all times thereafter, to bargain collectively with
the Union as the exclusive bargaining representa-
tive of all the employees in the appropriate unit, the
Respondent has engaged in, and is engaging in, un-
fair labor practices within the meaning of Section
8(a)(5) of the Act.
6. By the aforesaid refusal to bargain, the
Respondent has interfered with , restrained, and
coerced, and is interfering with, restraining, and
coercing , employees in the exercise of the rights
guaranteed them in Section 7 of the Act , and has
thereby engaged in, and is engaging in, unfair prac-
tices within the meaning of Section 8(a)(1) of the
Act.
7. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the
meaning of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended , the National Labor
Relations Board hereby orders that the Respon-
dent , Dobbs Houses, Inc., A Division of Squibb-
Beechnut , Inc., Memphis , Tennessee , its officers,
agents, successors, and assigns , shall.
1. Cease and desist from:
(a) Refusing to bargain collectively concerning
wages, hours, and other terms and conditions of
employment with the Highway and Local Motor
Freight Employees Local Union No. 667, af-
filiated with the International Brotherhood of
Teamsters, Chauffeurs , Warehousemen and Help-
ers of America , as the exclusive bargaining rep-
183 NLRB No. 63
538 DECISIONS OF NATIONAL
resentative of its employees in the following ap-
propriate unit:
All production and maintenance employees in-
cluding driver-loaders, helpers, dispatchers,
floor leaders, dish room, snacks, silver, cream,
salad, hot and cold food employees, at Dobbs
Houses, Inc., a Division of Squibb-Beechnut,
Inc.'s Memphis, Tennessee, catering division,
excluding all office clerical employees,
watchmen, guards and supervisors as defined
in the Act.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed to them by Section 7
of the Act.
2. Take the following affirmative action which
the Board finds will effectuate the policies of the
Act:
(a) Upon request, bargain with the above-named
labor organization as the exclusive representative of
all employees in the aforesaid appropriate unit with
respect to rates of pay, wages, hours, and other
terms and conditions of employment and, if an un-
derstanding is reached, embody such understanding
in a signed agreement.
(b) Post at its place of business in Memphis,
Tennessee, copies of the attached notice marked
"Appendix."'Copies of said notice, on forms pro-
vided by the Regional Director for Region 26, after
being duly signed by Respondent's representative,
shall be posted by the Respondent immediately
upon receipt thereof, and be maintained by it for
60 consecutive days thereafter, in conspicuous
places, including all places where notices to em-
ployees are customarily posted. Reasonable steps
shall be taken by Respondent to insure that said
notices are not altered, defaced, or covered by any
other material.
(c) Notify the Regional Director for Region 26,
in writing, within 10 days from the date of this
Order, what steps have been taken to comply
herewith.
4 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading "Posted by Order
of the National Labor Relations Board" shall be changed to read "Posted
Pursuant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board "
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively
with the Highway and Local Motor Freight
LABOR RELATIONS BOARD
Employees Local Union No. 667, Affiliated
with the International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers
of America, as the exclusive representative of
the employees in the bargaining unit described
below.
WE WILL NOT in any like or related manner
interfere with, restrain , or coerce our em-
ployees in the exercise of the rights guaranteed
them by Section 7 of the Act.
WE WILL, upon request, bargain with the
above-named Union as the exclusive represent-
ative of all our employees in the bargaining unit
described below with respect to rates of pay,
wages, hours, and other terms and conditions
of employment and, if an understanding is reached,
embody such understanding in a signed agreement.
The bargaining unit is:
All production and maintenance em-
ployees including driver-loaders, helpers,
dispatchers, floor leaders, dish room,
snacks, silver, cream, salad, hot and cold
food employees, at Dobbs Houses, Inc., a
Division of Squibb-Beechnut, Inc.'s Mem-
phis, Tennessee, catering division, exclud-
ing all office clerical employees,
watchmen, guards and supervisors as
defined in the Act.
DOBBS HOUSES, INC., A
DIVISION OF SQUIBB-
BEECHNUT, INC.
(Employer)
Dated By
(Representative ) (Title)
This is an official notice and must not be defaced
by anyone.
This notice must remain posted for 60 consecu-
tive days from the date of posting and must not be
altered, defaced, or covered by any other material.
Any questions concerning this notice or com-
pliance with its provisions may be directed to the
Board's Office, 746 Federal Office Building, 167
North Main Street, Memphis, Tennessee 38103,
Telephone 901-534-3161.