Westport Moving and Storage Co.

National Labor Relations Board - Board Decisions

Oct 11, 1950

91 N.L.R.B. 902 (N.L.R.B. 1950)

In the Matter Of WESTPORT MOVING AND STORAGE COMPANY, MATE
MAKING DIVISION, EMPLOYER and RETAIL, WHOLESALE & DEPART-
MENT STORE UN ION, C. I. 0., PETITIONER
Case.No. 17-RC-821.-Decided October 11, 19-50
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Margaret L. Fassig, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire • record in this case, the Board finds :
1. The business of the Employer :
The Employer, an individual proprietorship, has been engaged
since 1947 in the moving and storage of goods in Kansas City, Mis-
souri. The Employer is licensed by the Public Service Commission
of Missouri and by the Interstate Commerce Commission to transport
furniture and other materials by common carrier on an intrastate and
interstate basis. In addition to its moving and storage operations,
the Employer, since 1949, has also been engaged in the manufacture
of boxes, under contracts with Fifth Army Headquarters, to be used
for shipment of the personal effects of military personnel from points
in the Fifth Army area I to overseas points. During 1949, the Em-
ployer's gross receipts amounted to approximately $21,000. The Em-
ployer concedes that its operations are either in commerce or affect
commerce within the meaning of the Act.
Under,all the circumstances of this case, and particularly in view
of the Employer's. contract with Fifth Army Headquarters, which
make its operations a part of the national defense effort, we shall
assert jurisdiction herein. We find that it will effectuate the policies
of the Act to assert jurisdiction over enterprises which substantially
affect the national defense.
2. The labor organizations involved claim to represent certain em-
ployees of the, Employer.
1 The Fifth Army area includes the States of Illinois , Missouri , Kansas, Colorado, and
Nebraska.
91 NLRB No. 149.
902
WESTPORT MOVING AND STORAGE COMPANY 903
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.'
4. The appropriate unit:
The Petitioner seeks a unit composed of all production and main-
tenance employees employed in the manufacture of packing cases.
'The Employer agrees that the unit sought is appropriate. The Inter-
venor contends that all the Employer's employees covered by its
1949 collective bargaining agreement are in the unit.
The Employer's moving and storage operation is located at 311
Fillmore Street, Kansas City, Missouri. From 1947 until May 1950,
the Employer engaged an average of 2 employees at this plant. Dur-
ing 1949, the Employer was engaged in the manufacture of crates
for the Army at this same location, with the same.employees. After
securing a new contract in May 1950 with Fifth Army Headquarters,
the Employer moved its crate-making operations to First and Grand
Avenue, Kansas City, Missouri, and now employs approximately 10
employees at this location. These employees work exclusively on the
army contract, have no contact with the employees engaged in the
moving and storage operations, and do not interchange with. these
employees. Accordingly, we find that all production and mainte-
nance employees engaged in the manufacture of packing cases at the
Employer's plant at First and Grand Avenue, Kansas City, Missouri,
excluding all other employees and supervisors, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
2 The Intervenor , Furniture Drivers. Piano Movers, Packers, Warehousemen and Helpers
Local 956 , International Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers
of America , A. F. of L., first entered into a collective bargaining agreement with the Em-
ployer in June 1947 . The most recent agreement between the parties, for the period March
.5, 1949, to February 28, 1950 , was automatically renewed for 1 year . The Intervenor
contends that as its contract covered employees engaged in making boxes in connection
with the Employer 's moving operations , it also covered the employees engaged in making
boxes under the army contracts , and was therefore a bar to this proceeding . As this
contract contains an unauthorized union -security clause, however , we find , in accord with
established precedent , that it does not constitute a bar to this proceeding . The Intervenor's
motion to dismiss is therefore denied.