Yuma Ice Delivery Co.

National Labor Relations Board - Board Decisions

Jun 6, 1944

56 N.L.R.B. 1235 (N.L.R.B. 1944)

In the Matter of YUMA ICE DELIVERY COMPANY and TRUCK DRIVERS,
WAREHOUSEMEN & HELPERS UNION #898, INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF
ADIE'RICA, A. F. OF L.
Case No. 21-R-2314.-Decided June 6, 1944
M. William H. Westoker, of Yuma, Ariz., for the Company.
Messrs. Ed Achstetter and'Arthur E. Sprague, of El Centro, Calif.,
for the Union.
Mr. Louis Cokin, of *counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE 'b
Upon petition duly filed by Truck Drivers, Warehousemen & Help-
ers Union #898, International, Brotherhood of Teamsters, Chauf-
feurs, Warehousemen & Helpers of America, A. F. of L., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Yuma Ice Delivery
Company, Yuma, Arizona, herein called the Company, the' National
Labor Relations Board provided for an appropriate hearing upon
due notice before Maurice J. Nicoson, Trial Examiner. Said hear-
ing_was' held at Yuma, Arizona, on April 26, 1944. The Company
and the Union appeared, participated, and were afforded full op-
portunity 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. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Yuma Ice Delivery Company is an Arizona corporation with its
principal place of business at Yuma, Arizona, where it is engaged
in the delivery of clear and white ice and the sale of ice refrigerators.
,56 N. L. R. B., No 221-
1235
1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company sells white ice valued in excess of $100,000, annually,
all of which goes to vegetable packers. More than 90 percent of the
vegetables of the Company's packer customers are shipped to points
outside the State of Arizona. During 1943 the Coin nlpany. sold clear
ice valued at about $22,500, less than 5 'percent of which was delivered
to,points outside the, State of Arizona.
We find that, the Company is' engaged in, commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Truck Drivers, Warehousemen & Helpers Union #898, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America; is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to-membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective'bargaining representative of its employees until such'time as
the Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents aI substantial number of! em-
ployees'in the unit hereiihafter found to'be appropriate.)
We find that a quest ion affecting commerce has arisen colicer' ning
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 Union urges that all truck drivers and mechanics of the COm-
pany,, excluding clerical 'and supervisory employees, constitute an
appropriate unit. The Company took no position with respect to the
unit. Evidence introduced at the hearing indicated that the employees
claimed by .the Union constitute a well-defined homogeneous 'group.
We find that all truck drivers and mechanics of the Company, ex-
cluding clerical employees and all supervisory employees with author-
ity to hire„promote, discharge, discipline, or otherwise effect changes'
in the 'status'of employees; or effectively -recommend such action, con-
stitute a unit appropriate for the purpose's of collective bargaining,
within the meanilig of Section 9 (b) of the Act.
The Trial Examiner reported that the Union submitted an authorization petition bear-
ing 'the names of eight persons who appeal . on the February 28, 1944 pay roll of, the
Company. There are approximately 20 employees in the appropriate unit
YUMA ICE DELIVERY COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
1237
We shall direct that the question concerning representation which
has arisen be resolved by means of 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 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Yuma Ice De-
livery Company, Yuma, Arizona, 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 Twenty-first 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
.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 Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including1employees in the armed forces of the United
States who present themselves in person at the polls; but excluding any
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 Truth Drivers, Ware-
housemen & Helpers Union # 898, International Brotherhood" of
Teamsters , Chauffeurs , Warehousemen & Helpers of America, A. ,F.
of L. for the purposes of collective bargaining.
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