The Bama Co.

National Labor Relations Board - Board Decisions

Oct 28, 1944

58 N.L.R.B. 1486 (N.L.R.B. 1944)

In the Matter of A. N. CHAPPELL AND S. M. CHAPPELL, D/B/A THE BAMA
COMPANY and UNITED WHOLESALE & WAREHOUSE EMPLOYEES, LOOAL
261, C. I. O.
Case No. 10-R-'1314.-Decided October 28, 1944
Lange, Simpson, Brantley & Robinson, by Mr. Ormond Somerville,
of Birmingham, Ala., for the Company.
Mr. C. B. St. John, of Birmingham, Ala., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Wholesale & Warehouse Em-
ployees, Local 261, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation -
of employees of A. N. Chappell and S. M. Chappell, d/b/a The Bama
Company, Birmingham, Alabama, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Louis Plost, Trial Examiner. Said hearing
was held at Birmingham, Alabama, on October 7, 1944. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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
1. THE BUSINESS OF THE COMPANY
A. N. Chappell and S. M. Chappell, d/b/a The Bama Company, is a
partnership operating a plant at Birmingham, Alabama, where it is
engaged in the processing and canning of food products. During 1943
58 N L R B, No. 268.
1486
THE BAMA COMPANY 1487
the Company purchased goods valued between $500,000 and $750,000,
over 70 percent of which was shipped to it from points outside the State
of Alabama. During the same period the Company sold products
valued between $750,000 and $1,000,000, 60 percent of which was
shipped to points outside the State of Alabama.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Wholesale & Warehouse Employees, Local 261, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such, time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
We find` that a question affecting commerce has arisen concerning
the representation 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
The Union urges that all production, maintenance, and shipping
employees of the Company, including truck drivers, but excluding
office and clerical employees, the shipping clerk, and supervisory em-
ployees, constitute an appropriate unit. The only controversy with
respect-to the unit concerns "over the road" truck drivers. The Com-
pany would exclude them from the unit while the Union would include
them.
The Company employs three truck drivers, two of whom are en-
gaged in hauling goods to and from points outside Birmingham to
the Company's plant. They are paid on a mileage basis. The re-
maining truck driver works only in Birmingham and around the
plant. The parties agree, and we find, that he should be included
in the-unit. However, we shall exclude the two "over the road" truck
drivers.
We find that all production, maintenance, and shipping employees
of the Company, including the city truck driver, but excluding office
1 The Field Examiner reported that the Union presented 46 authorization cards There
are approximately 48 persons in the appropriate unit
1488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and clerical employees, the shipping clerk, "over the road" truck
drivers, and all supervisory employees with authority to hire, pro-
mote, 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
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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 Direction.
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 A. N. Chappell
and S. M. Chappell, d/b/a The Bama Company, Birmingham, Ala-
bama, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Tenth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Sections 10 and 11,
of said Rules and Regulations, among the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during the said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls, but excluding any who have since
quit or been discharged for cause and have not been rehired or re-
instated prior to the date of the election, to determine whether or not
they desire to be represented by United Wholesale & Warehouse Em-
ployees, Local 261, C. I. 0., for the purposes of collective bargaining.