William A. Mosow

National Labor Relations Board - Board Decisions

Oct 21, 1949

86 N.L.R.B. 680 (N.L.R.B. 1949)

In the Matter of WILLIAM A. Mosow and LOCAL 40, INTERNATIONAL
UNION, UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTIL-
LERY WORKERS OF AMERICA, CIO
Case No.;?-CA-284.-Decided October 91, 1949
DECISION
AND
ORDER REMANDING CASE TO TRIAL EXAMINER
On June 16, 1949, Trial Examiner Max M. Goldman issued his=
Intermediate Report in this proceeding, recommending that the com-
plaint be dismissed for the reason that the Respondent's business is.
not the type over which the Board asserts jurisdiction, as set forth
in the copy of the Intermediate Report attached hereto." Thereafter,.
the Respondent filed exceptions to the Intermediate Report., and a
brief in support thereof.
The Board 2 has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and brief, and the entire record in the-
case,3 and finds merit in the Respondent's exceptions.
The record reveals the following facts bearing on the jurisdictional
issue: The Respondent is engaged in the distribution and sale of beer
and carbonated beverages in the area of Stamford, Connecticut, and
operates under a franchise from the Pabst Sales and Hoffman Bever-
age Companies.4 The Respondent's purchases for a 1-year period,.
i The Trial Examiner made no findings with respect to the unfair labor practices alleged'
in the complaint herein.
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, as
amended, the Board has delegated its powers in connection with this case to a three-
member panel r Chairman Herzog and Members Houston and Murdock].
3 After the hearing in the instant proceeding, the Respondent filed a motion with
the Board's Chief Trial Examiner to correct the official transcript of the hearing in cer-
tain respects. The General Counsel has agreed to these corrections. The motion is
granted, and the record is hereby corrected in accordance with the Respondent' s motion.
4 The record discloses, the Respondent admits in its brief, and we find, unlike the Trial
Examiner, that the Respondent is a franchised dealer for the Pabst Sales and Hoffman
Beverage Companies in the Stamford, Connecticut, area, which includes Stamford, Nor-
walk, South Norwalk, Greenwich, Richfield, Georgetown, New Canaan, East Port Chester,
and Greenville, all in Connecticut.
86 N. L. R. B., No. 97.
680
WILLIAM A. MOSOW 681
,ending July 1, 1948, amounted to $104,000. Total sales during the
same period were $132,000. All of the Respondent's purchases origi-
nate outside the State of Connecticut. All sales are made within that
.State to retail outlets such as grocery and drug stores, taverns, and
restaurants.
On these facts, we do not agree with the Trial Examiner that the
Respondent's business is not the type over which the Board asserts
jurisdiction. Our policy has been to assert jurisdiction over fran-
chised wholesale distributors of out-of-State beer, wine, and liquor.5
Consonant with the Respondent's admission in his exceptions and
brief, we find that the Respondent is engaged in commerce within the
meaning of Section 2 (6) and (7) of the Act, and that it would ef-
fectuate the purposes and policies of the Act to assert jurisdiction here
for the purpose of resolving the substantive issues raised by the com-
plaint and issuing an appropriate order with respect thereto.
ORDER
IT IS HEREBY ORDERED that the above-entitled proceeding be, and it
hereby is, remanded to the Trial Examiner for the preparation and
issuance of a Supplemental Intermediate Report, setting forth his
findings of facts, conclusions of law, and recommendations with re-
spect to the unfair labor practices alleged in the complaint herein.
5 See Matter of Mutual Distributing Co., 81 N. L. R. B. 208; Matter of General Bever-
ages Co., 81 N. L. R. B. 647.
0