85 N.L.R.B. 13 (N.L.R.B. 1949)

Ideal Baking Co.

National Labor Relations Board - Board DecisionsJul 6, 1949

85 N.L.R.B. 13 (N.L.R.B. 1949)

In the Matter of IDEAL BAKING COMPANY, EMPLOYER and BAKERY AND CONFECTIONERY WORKERS INTERNATIONAL UNION, AFL, PETITIONER Case No. 16-RC-366.-Decided July 6,1919 DECISION AND DIRECTION OF ELECTION ,Upon a petition duly filed, a hearing was held before James R. Wolf, hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Gray]. Upon the entire record in this case, the Board finds : 1. Ideal Baking Company, a Texas corporation, is engaged in the production, sale, and distribution of bread and pastry at two plants located at Paris and Texarkana, Texas. We are here concerned solely with the Texarkana plant located near the Arkansas border. During the year ending February 1, 1949, the Employer purchased for use at its plants approximately $428,000 worth of raw materials and sup- plies, of which approximately $72,000 represented shipments to the Employer from outside the State. During the same period the Em= ployer made sales in excess of $820,000, of which approximately $150,- 000 represented sales made outside of the State of Texas' We find, contrary to the contention of the Employer, that it is engaged in com- merce within the meaning of the Labor Management Relations Act.2 2. The labor organization named below claims to represent certain employees of the Employer. 3. A question, affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Sec- tion 9 (c) (1) and Section 2 (6) and (7) of the Act. In Arkansas and Oklahoma. s Matter of Phoenix Pie Co., 79 N. L. R. B. 754. Cf. Matter of Sta-Kieen Bakery, Inc., 78 N. L. R. B. 798. 85 N. L. R. B., No. 5. 13 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The parties are in substantial agreement as to the composition of the appropriate unit, but disagree as to two employees, Lay and Daly. The Employer maintains that these men are supervisors. The record reveals that Lay is responsible for the entire operation of the bake shop and has the authority to hire and discharge employees. Daly has authority effectively to recommend to Lay that employees be discharged. In the absence of Lay, Daly is in complete control of the bake shop and has full responsibility for its operations. We find that both Lay and Daly are supervisors within the meaning of the Act and shall exclude them from the unit. The following employees of the Employer constitute a unit appro- priate for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act: All bake shop production and wrapping employees at the Employ- er's Texarkana, Texas, plant, including porters, but excluding all office and clerical employees, guards and watchmen, professional em- ployees, salesmen, driver-salesmen, garage employees, and all super- visors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purpose 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 Re- lations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate 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 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 em- ployees on strike who are not entitled to reinstatement , to determine whether or not they desire to be represented , for purposes of collec- tive bargaining , by Bakery and Confectionery Workers International Union, AFL. =Matter of Steelweld Equipment Company, 76 N. L. R. B. 831.