78 N.L.R.B. 519 (N.L.R.B. 1948)

Carnation Co. of Texas

National Labor Relations Board - Board DecisionsJul 22, 1948

78 N.L.R.B. 519 (N.L.R.B. 1948)

In the Matter Of CARNATION COMPANY OF TEXAS, EMPLOYER and LOCAI. 47, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA , A. F. L., PETITIONER Case No. 16--RC-35.-Decided July V , 1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing offi- cer of the National Labor Relations Board. The hearing officer's rul- ings made at the hearing are free from prejudicial error and are hereby affirmed.' Upon the entire record in the case the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER The Carnation Company of Texas is a wholly owned subsidiary of the Carnation Company, a National concern with its statutory office in Wilmington, Delaware. It is engaged in the production of milk and ice cream products at its plant in Wichita Falls, Texas, the only plant involved in this proceeding. The principal raw products used by the Employer are milk and sugar. During the year 1946, the Employer purchased raw materials valued at between one-half million and one million dollars, of which something less than 5 percent was purchased outside the State of Texas. During the same period all the Employer's products were sold within the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. It being a subsidiary of a Nation-wide enterprise operating in many States, we 1 The Employer 's motion to dismiss the petition in this proceeding , based upon the with- drawal of the original petition on the eve of an election , was referred to the Board by the hearing officer . The original petition was withdrawn with the approval of the Regional Director of the Sixteenth Region No prejudice to the Employer being shown , the Employ- er's motion to dismiss the petition in this proceeding is hereby denied 78 N. L. R. B., No. 62. 519 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD believe that it will effectuate the policies of the. Act if the Board exer- cises its jurisdiction.2 2. The labor organization named below claims to represent em- ployees of the Employer. 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 comprised of all retail and wholesale milk and ice cream driver-salesmen,,' including relief or swing men, but excluding office and clerical employees, all other employees, and all supervisors as defined in the Act. The record discloses that the 26 driver-salesmen do the major por- tion of their work separate and apart from the Employer's produc- tion and maintenance employees. They are under the supervision of a separate sales manager, and their compensation includes commis- sions from sales in addition to a straight salary. The record indicates that the driver-salesmen constitute a unit homogeneous in its nature. We find that all the Employer's retail and wholesale milk and ice cream driver-salesmen, including relief or swing men, but excluding office and clerical employees, all other employees, and all supervisors as defined in the Act, constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As, part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5 , among the em- ployees described in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily 2 Matter of Pepsi - Cola Bottling Company of Montgomery, 72 N. L R B 601 ; Matter of Raleigh Coca - Cola Company, 65 N. L R B 1010. 2 The Employer contended at the hearing that these milk and ice cream driver -salesmen should be included in in over-all unit cohering all employees at the Employei's Wichita Falls, Texas, plant CARNATION COMPANY OF TEXAS 521 laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by Local 47, International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, A. F. L.