Dubonnet Corp.

National Labor Relations Board - Board Decisions

Feb 11, 1944

54 N.L.R.B. 1246 (N.L.R.B. 1944)

In the Matter of DUBONNFlr CORPORATION and CONGRESS, OF INDUSTRIAL
ORGANIZATIONS
Case No. 4-R-1311.-Decided February 11, 1944
Mr. Milton B. Seasonwein, of New York City, for the Company.
Mr. George Bucher, of Philadelphia, Pa., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Congress of Industrial Organizations,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Dubonnet
Corporation,' Philadelphia, Pennsylvania, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Eugene M. Purver, Trial Examiner.
Said hearing was held at Philadelphia, Pennsylvania, on December
29, 1943. The Company and the Union appeared,2 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. 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
Dubonnet Corporation, incorporated in the State of Pennsylvania,
is owned and controlled by Schenley Import Corporation. Dubonnet
I The name of the Company is variously shown in the record as Dubonnet Wine Corpora-
tion and Dubonnet Corporation . The correct name is that used in this Decision and
Direction of Election.
2 Although Distillery , Rectifying and wine workers ' International Union of America,
A. F. L., was served with Notice of Hearing , it did not appear.
54 N. L. It. B., No. 187.
1246 a
DUBONNET CORPORATION 1247
Corporation has a sales office in New York City, a plant in California,
and a plant in Philadelphia, Pennsylvania. We are here concerned
only with the Philadelphia plant, at which the Company is engaged
in the preparation and bottling of wine. Almost all of the wine and
other materials used at the Philadelphia plant are shipped into Penn-
sylvania from points outside that State. During its last fiscal year the
Company produced about 86,000 cases of wine, valued in excess of
$800,000. The Company concedes that it is engaged in commerce
within the meaning of the Act.
U. THE ORGANIZATION INVOLVED
The Congress of Industrial Organizations is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On about December 1, 1943, the Union requested the Company to
recognize it as the exclusive collective bargaining agent of the Com-
pany's employees. The Company refused this request because of the
existence at that time of an exclusive recognition collective contract
between the Company and Distillery, Rectifying and Wine Workers'
International Union of America, affiliated with the American Federa-
tion of Labor. The contract, in evidence, was executed on December
19 1941, and remained effective until December 31, 1943. The Company
has not renewed the contract because of the Union's majority represen-
tation claims. We find that the contract does not constitute a bar to
a determination of representatives at this time.
A statement of the Regional Director for the Fourth Region, intro-
duced into evidence at the hearing, indicates that the Union represents
a substantial number of employees in the unit hereinafter found to be
appropriate.3
We find that a question affecting commerce has arisen concerning 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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Philadelphia
plant of the Company, excluding office and supervisory employees,
direct representatives of management, foremen, foreladies, chemists,
and any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
8 The Regional Director reported that the Union presented 34 authorization cards bear-
ing apparently genuine signatures of which 32 were the names of persons whose names
appear on the Company's pay roll of December 1, 1943. There are approximately 36 em-
ployees in the appropriate unit.
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 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 4
Distillery, Rectifying and Wine Workers' International Union of
America, A. F. L., has had a contract covering the employees here in-
volved, but did not appear at the hearing or express any desire to par-
ticipate in an election. In view of its past contractual interest, we
shall accord it a place on the ballot if it notifies the Regional Director
within ten (10) days from the date of this Decision that it desires to
participate in the election.
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 Relations
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 Dubonnet Corpo-
ration, Philadelphia, Pennsylvania, 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 Fourth 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 em-
ployees 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 including employees 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 Congress of Industrial Organiza-
tions, for the purposes of collective bargaining.
* The Company temporarily laid off almost all of its employees shortly after December 1,
1943, due to temporary curtailment of operations . Consequently ,
the employees employed
during the pay-roll 'period immediately preceding the date of the Direction of Election
will be those named on the December 1, 1943, pay roll.