Waples-Platter Co.

National Labor Relations Board - Board Decisions

Oct 24, 1942

45 N.L.R.B. 66 (N.L.R.B. 1942)

In the Matter Of WAPLES-PLATTER COMPANY and WAREHOUSE AND
DISTRIBUTION WORKERS UNION, LOCAL #220, AFFILIATED WITH THE
CIO
Case No. R-4358.-Decided October 24, 1942
Jurisdiction : food products distributing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary. -.
Unit Appropriate for Collective. Bargaining : all employees at one of Company's
warehouses, including shipping clerks, but excluding manager, warehouse
foreman, and clerical employees.
Mr. Sidney L. Samuels, of Ft. Worth, Tex., for the Company.
Miss Ruth Butcher and Mr. Jack Love, of Ft. Worth, Tex.; for the
C. I. O.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by the Warehouse
and Distribution Workers Union, Local #220, affiliated with the CIO,
herein called the C. I. 0., alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Waples-Platter Company, Ft. Worth, Texas, herein.,called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Elmer P. Davis, Trial Exam-
iner. Said hearing was held at Ft. Worth, Texas, on October 8, 1942.
The Company and the C. I. O. 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
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
45 N L R. B., No. 14.
66
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WAPLES-PLATTER COMPANY 67
Upon the entire record in the case, the Board makes the, following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Waples-Platter Company, a Texas corporation, maintains its prin-
cipal office at Ft. Worth, Texas. The Company is engaged in the
purchase, sale, and distribution of food products, and maintains offices
and warehouses in Ft. Worth, Dallas, Greenville, Denison, Vernon,
Memphis, Ama,r-illo,,Lubbock, and Abilene, Texas, in Clovis, New
Mexico, and in Ada, Oklahoma. The Company's warehouse at Ft.
Worth, Texas, is alone involved in this proceeding. During the fiscal
year ending May 31, 1942, the purchase price of food products sold
and distributed by the Company, through its Ft. Worth, Texas branch,
amounted to approximately $1,740,000, and the resale value of the
food products sold and distributed by the Ft. ,Worth branch amounted
to approximately $2,000,000 for the same period. Approximately, 72
percent -of the food products sold and distributed by the Company,
through' its Ft. Worth brancli for the fiscal period ending May 31,
1942, was purchased in States outside the State of Texas and was
shipped to the Company's branch in Ft. Worth for resale. Approxi-
mately 8 percent of the food products, sold and distributed by the
Company, was -delivered to points in States other than the State of
Texas. The Company concedes that it is engaged in commerce within
the meaning of the-Na'ti`onal Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Warehouse and Distribution Workers Union, Local #220, is it
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August'20, 1942, the C. I. O. requested recognition as
exclusive bargaining ;gent' fQr the employees of the' Company. The
Company declined to recognize the C. I. O. unless and until it had
been certified by the Board. A statement of the Field Examiner,
introduced into evidence,, indicates that the C. I. O. represents a sub-
stantial number of employees of the Company.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
'The petitioner presented 31 authorization cards dated in July and August 1942, 26 of
which were found to, bear apparently,, genuine original signatures of persons whose names
appear on the Company's"pay roll of August 27, 1942. This pay roll eon tains a total of
41 names, of which 34 are the names of employees in`the alleged appropriate iunit
0
68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Section 9 (c) and Section 2 (6) and (7) -of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The parties agree that all warehouse employees, excluding the
manager, the warehouse. foreman, and clerical employees, are to be
included within the appropriate unit.' The C. I. O. seeks to exclude
one John McKee and the six shipping clerks,3 on' the ground that
they occupy supervisory positions. The Company seeks to include
them. The evidence indicates that the shipping clerks are monthly
paid whereas the other employees are hourly paid. However, neither
McKee nor the shipping clerks have the right to hire or discharge
employees nor to recommend such action. The evidence further
indicates that their duties are closely related to those of the other
warehouse employees. We shall include them in the unit.
We find that all warehouse employees, including John McKee and
the shipping clerks, but excluding the manager, warehouse foreman
and clerical 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth therein.
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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations 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 Waples-Platter
Company, Ft. Worth, Texas, 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
Included within the classification of warehousemen are city and country order fillers,
basement order fillers, packers, the janitor , a handyman , three miscellaneous employees.
Malone, Marshall , and Terrell , and a general classification l:nonn as beginners.
3 Georgia Dunnan is being trained to occupy the position of a shipping clerk and is
included in this classification. -
WAPLES-PLATTER COMPANY 69
of the Regional 'Director for the Sixteenth Region (Ft. Worth,
Texas), acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article,III, Section 9, of said Rules and
Regulations, among all employees of the Company within the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such pay-roll period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Warehouse
and Distribution Workers Union, Local #220, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining. -
MR. GERARD D. REiLLi took no part in the consideration of the
above Decision and Direction of Election. I
c