Superior Bakery

National Labor Relations Board - Board Decisions

Aug 19, 1948

78 N.L.R.B. 1172 (N.L.R.B. 1948)

0
In the Matter of O. PHILIP FAUCHER D/B/A SUPERIOR BAKERY, EM-
PLOYER and BAKERY AND CONFECTIONERY WORKERS' INTERNATIONAL
UNION, A. F. OF L., PETITIONER
Case No. 1-RC-4116.-Decided August 19, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing of'-
ficer 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 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 labor organization named below claims to represent em-
ployees of the Employer.
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 appropriate unit :
The Petitioner seeks a unit of all production and maintenance em-
ployees employed at the Employer's plant in Danielson, Connecticut,
including driver-salesmen, but excluding guards, clerical employees,
professional employees, executives, and supervisors as defined in the
Act. The Employer, however, desires the exclusion of driver-sales-
men upon the ground that there is no community of interest between
these employees and the others in the plant. The Petitioner would
*Chairman Herzog and members Houston and Reynolds
' Cf. Matter of Sta-Kleen Bakery, Inc, 78 N L R B 798 In the instant case there
is substantial inflow and outflow of goods from points outside the State of Connecticut,
which distinguishes it from the Sta-Kleen case.
78 N L. R. B., No. 165.
1172
SUPERIOR BAKERY 1173
also exclude several employees on the ground that they are related,to
the Employer. ., .
Driver-Salesmen: The Employer has four driver-salesmen whose
duties consist primarily of delivering and selling the Company's prod-
ucts to wholesale accounts. These employees have fixed routes, make
collections daily, and render an accounting of their receipts from time
to time. Their hours of work are from 5 a. m. until noon daily, whereas
the production employees work on a staggered basis.- These driver-
salesmen spendmost of their time away from the plant, are subject to
little supervision, and rarely come in contact with the other employees.
Unlike the production and maintenance employees, they are paid on a
salary plus commission basis. As it appears that the interests and
working conditions of the driver-salesmen differ from those of the other
employees of the Employer, we shall exclude them from the unit here-
inafter found appropriate.2
Employees related to management: The Employer has three
employees, namely, Leo, Nova, and Roland Faucher, who are closely
related to him. The former two are his brothers, and the latter is an
uncle. The Petitioner would exclude these employees upon the ground
that they are closely related to the Employer. In accordance with a
recent policy, we shall exclude the two brothers and uncle because they
are closely related to the Employer .3
We find that all production and maintenance employees employed in
the Employer's plant at Danielson, Connecticut, excluding driver-
salesmen, the father, son, two brothers, and the uncle of the Employer 4
office and clerical employees, guards, professional employees, execu-
tives, and supervisors as defined in the Act, constitute a unit appro-
priate within the meaning of Section 9 (b) of 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, among the
employees described in paragraph numbered 4, above, who were
2 Matter of Preferred Oil Company , 77 N. L. R. B 770 ; Matter of Credit Bureau of
Greater Boston, Inc., 73 N L It. B 410.
2Matter of Preferred Oil Company, supra , Matter of J. H. Rosberg Mfg. Co., 13-RC-251,
issued July 30, 1948
4 111 accordance with the agreement of the parties , we exclude the father and son of the
Employer
798767-49-vol 78-75
1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employed during the pay-roll period immediately preceding the date of
this Direction of Election, including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, 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, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether or not they,
desire to be represented, for purposes of collective bargaining, by
Bakery and Confectionery Workers' International Union, A. F. of L.