The Lima Kenton Grocery Co.

National Labor Relations Board - Board Decisions

Jan 17, 1941

29 N.L.R.B. 85 (N.L.R.B. 1941)

In the Matter of THE LIMA KENTON GROCERY COMPANY and LocA*L
UNION No. 908, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUF-
FEURS, STABLEMEN & HELPERS (AFL)
Case No. R-0214.-Decided January 17, 1941
Jurisdiction : wholesale grocery industry.
Practice and Procedure : petition dismissed where no appropriate unit within
the scope of the petition.
Mr. Melvin C. Light, of Lima, Ohio, for the Company.
Mr. Morris C. Taylor, of Lima, Ohio, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION'
AND
ORDER
STATEMENT OF THE CASE
On December 10, 1940, Local Union No. 908, International Broth-
erhood of Teamsters, Chauffeurs, Stablemen & Helpers, herein called
the Union, filed with the Regional Director for the Eighth Region
(Cleveland, Ohio), a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Lima Kenton Grocery Company, Lima, Ohio, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act; 49 Stat.' 449, herein called the Act. On December 12, 1940, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide. for an appropriate hearing
upon due 'notice.
'On December 13, 1940, the Regional Director issued 'a notice of
heating, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on December
16, 1940; at Lima, Ohio, before Max W. Johnstone, the Trial Ex-
amindr duly designated by the Board., Full opportunity to be heard,
29 N. L. R. B, No. 14.
85
86 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. During the course
of the hearing the Trial Examiner made several rulings on motions
and, on objections to the admission of evidence. The Board has re-
viewed the rulings of -the Trial Examiner and finds that no prej-
udicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board snakes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE CO3IPANY
The Lima Kenton Grocery Company is an Ohio corporation
maintaining two warehouses located in Lima and Kenton,'Ohio,
where it is engaged in the wholesales distribution of groceries- and
general merchandise. During 1940 the Company purchased ' about
$1,000,000 worth of the' commodities which it distributes, approxi-
mately 35 percent of which were shipped to it from points outside
the State of Ohio. During the same period the Company's sales
amounted to about $1,091,000, all of which were sold to points
within the State of Ohio.
II. THE ORGANIZATION INVOLVED
Local, Union No. 908, International Brotherhood of Teamsters,
Chauffeurs, Stablemen & Helpers is a labor organization affiliated
with the American Federation of Labor. It admits to membership
-all warehousemen and truck drivers working out of the Lima ware-
house of the Company.
III. THE APPROPRIATE UNIT
The Union• urges that all warehousemen and truck drivers working
out of the Lima warehouse of the Company constitute a unit appro-
priate for the purposes of collective bargaining. The Company
contends that all warehousemen and truck drivers working out of
the Lima and Kenton warehouses of the Company constitute an
appropriate bargaining unit.
There are 13.employees in the unit urged by the Union and 21
employees in the unit urged by the Company. A statement of the
Trial Examiner during the hearing shows that nine employees have
signed application cards in the Union.
The Company's offices are located at Lima, and all employees of
the Company are hired at the Lima offices. The Company's pay
roll for'its Lima warehouse as well as that for the Kenton warehouse,
THE LIMA KENTON GROCERY COMPANY 87
which is 28 miles from- Lima, are made up at Lima, and the time
records. of the employees at the Lima and Kenton warehouses are
kept at the Lima offices of the Company. The Company maintains
substantially . identical wages, hours, and working conditions at, its
Lima and Kenton warehouses, and the nature of the work at the
two warehouses is the same. The record further discloses that a
majority of the eight employees whom the Union seeks to exclude
from the unit on the ground that they do not work out of Lima,
actually divide £heir working time between the Liina and Kenton
warehouses of the Company, although they customarily start their
working day in Kenton. Under these circumstances, we believe that
the unit urged by the Union is inappropriate for the purposes of
collective bargaining, and we so find.
IV. THE QUESTION CONCERNING REPRESENTATION'
Since the bargaining unit sought to be established by the petition
is not appropriate, as stated in Section III above, we find that ,no
question has been raised concerning the representation of employees
of the Company in an appropriate bargaining unit.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
No question concerning representation of employees of The Lima
Kenton Grocery Company, Lima, Ohio, in a unit which is appro-
priate for the purposes of collective bargaining has arisen, within
the meaning of Section 9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion
of law, the National Labor Relations Board hereby orders that the
petition for investigation and certification of representatives filed
by Local Union No. 908, International Brotherhood' of Teamsters,
Chauffeurs, Stablemen & Helpers, be, and it hereby is, dismissed.