W. H. Clock

National Labor Relations Board - Board Decisions

Jun 3, 1943

50 N.L.R.B. 64 (N.L.R.B. 1943)

In the Matter of W. H. CLOCK and INTERNATIONAL UNION OF UNITED
BREWERY AND SOFT DRINK WORKERS OF AMERICA, C. I. 0., LOCAL
UNION No. 254
Case No. R-5283.Decided June,3, 19.4
Mr. Leland D. Phelps, of Grand Rapids, Mich., for the Company.
Mr. William A. Porter, of Grand Rapids, Mich., for Local 254.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of United Brewery
and Soft Drink Workers of America, C. I. 0., Local Union No. 254,
herein called Local' 254, alleging that a question affecting commerce
had arisen concerning the representation of employees of W. H.
'Clock, Grand Rapids, Michigan, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Robert J. Wiener, Trial Examiner. Said
hearing was held at Grand Rapids, Michigan, on May 4, 1943. The,
Company and Local 254 appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. The Company has filed a brief, which the Board
has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
W., H. Clock is an individual engaged in the business of the whole-
sale distribution of beer and wine at Grand Rapids, Michigan. Dur-
ing the year 1942 the Company purchased goods and materials
50 N. L. R. B., No. 13.
64
W. H. CLOCK 65
amounting in value, at cost, to more than $290,000, of which more
than 98 percent was shipped from points outside the State of Michi-
gan to the Company at Grand Rapids. During the year 1942 the
Company sold goods amounting in value to more than $342;000, to
customers within the State of Michigan. The Company at present
employs six employees in the handling of beer and wine, though it
is probable that this number will shortly be reduced to four by reason
of induction of employees into the armed forces. We find, contrary
to its contention, that the Company is engaged in commerce within
the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
,International Union of United Brewery and Soft Drink Workers
of America, Local Union No. 254, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
For some time prior to December 15, 1942, Local 254, in conference
with the Company, and with certain other distributors whose busi-
nesses are similar, had been seeking recognition as exclusive-bargain-
ing representative of the employees. As a result of these attempts to
negotiate, the Company and three, other distributors entered into a
written agreement with Local 254, providing for a consent election.'
This election was held on December 15, 1942, under the supervision of
the State Labor Mediation Board. Employees of all the distributors
parties to the agreement were permitted to vote. Local 254 failed to
receive a majority of the votes cast in the election.,
On January 7, 1943, Local 254 filed a petition with the Board for
investigation and certification of representatives of the employees of
the Company. It was stipulated at the hearing that the Company has
never recognized Local 254 as the exclusive bargaining representative
of any of his employees. A statement of the Trial Examiner, read
into the record at the hearing, indicates that Local 254 represents a
substantial 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.
I The Trial Examiner stated that Local - 254 had submitted four membership application
papers dated March 16, 1943 , bearing apparently genuine original signatures of persons
whose names appear on a list of employees furnished by the. Company, containing the
names of six regular employees in the alleged appropriate unit as of the date of the
hearing.
66 DECTSLONS OF NATIONAL LABOR RE:LATIONS BOARD
IV. THE APPROPRIATE UNIT
Local 254 seeks a unit composed of all employees of the Company,
excluding supervisory and clerical employees. The Company at the
hearing, took no position in regard to the unit. Although the em-
ployees of four distributors, including the Company's employees, voted
together in the above-mentioned consent election, it is evident from
testimony given at the hearing that none of the distributors, in signing
the agreement for consent election, intended thereby, or in any other
manner, to establish a single multiple-employer unit. A tentative
contract, intended to be signed by each of the distributors on his own
behalf in the event Local' 254 should have been designated as a result
of the consent election, was introduced in evidence. It is clear, how-
ever, that it was the contemplation of the parties that such contract,
though to be signed by all, was nevertheless to constitute the separate
agreement of each employer. In view of all the evidence, it is ap-
parent that the employees of the Company with which we are here
concerned constitute an appropriate unit.
We find that all employees of the Company, excluding supervisory
and clearical employees, 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 the em-
ployees 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 2, as, amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with W. H. Clock,
Grand Rapids, Michigan, an election by secret ballot shall be con-
ducted 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 Seventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, 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
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W. H.. CLOCK 67
Direction, including employees who did not work during Paid. pay-roll
period because they were ill or on vacation or temporarily laid of, and
including employees in the armed forces of the United States who
present tliemselves in person at the polls, but excluding any who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by International Union of United Brewery
and Soft Drink Workers 'of America, Local Union No. 254, affiliated
with the Congress of Industrial Organizations, for the purposes' of
collective bargaining. '
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