W. A. Haller Co., Inc.

National Labor Relations Board - Board Decisions

Feb 1, 1946

65 N.L.R.B. 757 (N.L.R.B. 1946)

In the Matter of W. A. HALLER Co., INC. and UNITED DISTILLERY
WORKERS OF NORTH AMERICA, C. I. O.
Case No. 6-R-1175.Decided Februaryl, 1946
Mr. Joseph Kaplan, of Philadelphia, Pa., for the Company.
Mr. Dominick Spasbo, of Pittsburgh, Pa., for the Union.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Distillery Workers of North
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of
employees,of W. A. Haller Co., Inc., Pittsburgh, Pennsylvania, herein
called the Company,' the National Labor Relations Board provided
for an appropriate hearing upon due notice before Joseph Lepie,
Trial Examiner. The hearing was held at Pittsburgh, Pennsylvania,
on November 16, 1945. The Company and Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded oppprtunity 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
W. A. Haller Co., Inc., is a Pennsylvania corporation, operating
plants in Elverson and Pittsburgh, Pennsylvania. This proceeding
concerns the employees in the Pittsburgh plant, where the Company
is engaged in the manufacture of whiskey, blends, and cordials. Dur-
I The petition and other, formal papers w ere amended at the hearing to show the correct
name of the Company.
G5 N. L. R. B., No. 125.
757
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing the past 12 months the Company purchased raw materials and
supplies in excess of $300,000 in value, of which approximately 10
percent was shipped to the Company from points outside the Common-
wealth of Pennsylvania. During the same period the Company manu-
factured products valued in excess of $1,500,000, of which approxi-
mately 10 percent was shipped to points outside the Commonwealth
of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Distillery Workers of North America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 13, 1945, the Union requested recognition as bargain-
ing representative of the Company's production and maintenance
employees, including watchmen and charwomen. The Company re-
fused to accord such recognition unless the Union is certified by the
Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
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 Company and the Union agree that production and mainte-
nance employees, including charwomen, but excluding clerical and
supervisory employees, constitute an appropriate unit. However, the
Union would include and the Company would exclude watchmen.
The Company employs two watchmen, who are neither militarized,
deputized, armed, nor uniformed. They perform typical duties of
watchmen, going the rounds, punching stations, observing for fires
or conditions likely to cause fires, and generally protecting the prem-
ises in the interests of the Company. In addition, they fire the fur-
nace and occasionally help unload and load merchandise. Contrary
to the Company's contention, we find that they are not monitorial
'The Field Examiner reported that the Union submitted 19 authorization cards, and
that there are approximately 27 employees in the appropriate unit.
W. A. HALLER CO., INC. 759
employees in the accepted sense of the term. We shall, therefore,
include the watchmen in the unit hereinafter found appropriate.'
We find that all production and maintenance employees engaged
at the Company's Pittsburgh, Pennsylvania, plant, including char-
women and watchmen, but excluding clerical employees and all
supervisory employees with authority to hire, promote, 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 an election by secret ballot among 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 W. A. Haller Co.,
Inc., Pittsburgh, Pennsylvania, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Sixth 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 employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid off,
and including employees in the armed forces of the United States
who present themselves in person at the polls, 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, to
determine whether or not they desire to be represented by United Dis-
tillery Workers of North America, C. I. 0., for the purposes of collec-
tive bargaining.
See Matter of Champion Sheet Metal Company, Inc , 61 N. L. R. B. 511 ; Matter of
Palmer-Bee Company , Plant #5, 60 N. L. R. B. 972.