Standard Brands, Inc.

National Labor Relations Board - Board Decisions

Mar 9, 1949

81 N.L.R.B. 1311 (N.L.R.B. 1949)

In the Matter of STANDARD BRANDS , INCORPORATF1) , EMPLOTF4 and
THOMAS EARL FORD, PETITIONER and GENERAL DRIVERS , WmwHo SE-
MEN AND HELPERS, LOCAL UNION No. 886, INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, AFL, UNION
Case No.16-IUD-44.Decided March 9,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a decertification petition 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. At the hearing the Union moved to dismiss
the petition on the ground that the petition was not properly executed
and filed and that the Petitioner was without authority to represent
the employees involved. The hearing officer referred this motion to
the Board for ruling thereon. We are administratively satisfied
that the petition meets the requirements of the National Labor Rela-
tions Act, as amended, and that the Petitioner has made an adequate
showing of interest. The motion is accordingly denied.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the 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, an employee of the Employer, asserts that the
Union is no longer the representative of the Employer's employees in-
volved herein as defined in Section 9 (a) of the amended Act.
The Union, a labor organization affiliated with the American Fed-
eration of Labor, is currently recognized by the Employer as the bar-
gaining representative of these employees.
*Chairman Herzog and Members Houston and Murdock
81 N. L. R. B., No. 206.
1311
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. The Union's latest contract with the Employer covering the em-
ployees here involved, provides that it shall remain in full force and
effect until December 31, 1948, and continue thereafter unless written
notice is given by either party to the other at least 60 days prior to
December 31, 1948. By letter of October 13, 1948, the Union notified
the Employer of its desire to negotiate changes in the contract and
thereafter met and discussed the terms of a new contract. At the time
the instant petition was filed on December 30, 1948, the Union and
the Employer had agreed upon the terms of a new contract. However,
no agreement had been reduced to writing. Accordingly, the contract
is not a bar to these proceedings.'
We find that a question affecting commerce exists concerning the
representation 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 ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All route salesmen and warehouse employees at the Employer's
branch in Oklahoma City, Oklahoma, excluding office employees,
porter, and supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, 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 super-
vision of the Regional Director for the Region in which this case was
heard, 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 excluding those employees who
have since quit or have been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to de-
termine whether or not they desire to be represented, for purposes of
collective bargaining, by General Drivers, Warehousemen and Helpers,
Local Union No. 886, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, AFL.
'Matter of E. L . Bruce Company , 74 N. L. R. B. 1354 ; Matter of Eichor, Inc., 46
N. L. R. B. 1035.