Johnnie W. Miller Sandwich Co.

National Labor Relations Board - Board Decisions

Jul 23, 1951

95 N.L.R.B. 463 (N.L.R.B. 1951)

JOHNNIE W . MILLER SANDWICH CO. 463
JOHNNIE W. MILLER SANDWICH Co. and CHAUFFEURS , SALESDRIVERS &
HELPERS UNION , LOCAL No. 572 , INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN , & HELPERS OF AMERICA,
AFL, PETITIONER . Case No. 21-RC-1864. July 23, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before George H. O'Brien, hearing
officer. 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 Act, the Board.
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The business of the Employer : 2
The Employer, a California corporation, is engaged in baking pies,
preparing sandwiches, and distributing these products, along with
cakes and doughnuts which it purchases already prepared, in the San
Diego and Long Beach, California, areas. It maintains a separate
plant for these purposes in each area.
During the fiscal year ended February 28, 1951, the Employer's total
purchases amounted to $443,219, all of which were made locally .3
During the same period, its sales totaled $678,244.02, of which $70,-
477.48 represented sales of sandwiches and baked goods to post ex-
changes located on United States military reservations, and to ships
service stores on United States Navy vessels and installations' The
-post exchanges and ships service stores are operated and controlled by
the Armed Forces, rather than private concessionaires, with the profits
being allocated to recreation funds for the service personnel. The
Employer supplies the sandwiches and baked goods requirements of
the ships service stores on Navy vessels under a written contract with
the Navy's purchasing officer at Los Angeles. The needs of the post
exchanges are handled under blanket. written orders from the post
exchange representatives. The Employer is paid for these products
by Government checks.
1 At the hearing , the Employer moved to dismiss the petition on jurisdictional grounds.
For the reasons stated in section 1 , infra, the motion is denied.
2 The names of the Employer and the Petitioner appears. in the caption as amended
at the hearing.
' While the record shows that meats used by the Employer were received from local
branches of interstate concerns , there is no evidence as to the amount of these or other
purchases which originated outside the State.
' Of the balance of the sales, approximately $ 13,000 represented sales to boats operating
between Santa Catalina Island and the California mainland and the remainder represented
sales to local stores and vendors.
95 NLRB No. 61.
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In view of the foregoing, and upon the entire record, we are of the.
opinion, contrary to the Employer's contention, that its operations are
sufficiently identified with the national defense effort to warrant the.
assertion of jurisdiction in this case.5
2. The labor organization involved claims to, represent certain
employees 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 :
We find, substantially in accord with the stipulation of the parties,
that all truck drivers at the Employer's Long Beach, California, plant,
excluding all other employees, guards, and supervisors as defined in
the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
' See Harvey Stoller, d/b/a Richland Laundry tf Dry Cleaners, 93 NLRB 680. Cf.
Westport Moving and Storage Company , 91 NLRB 902 ; Memphis Cold Storage Warehouse
Company, 91 NLRB 1404.
THE ECLIPSE LU1 BER COMPANY, INC. and INTERNATIONAL WOODWORK-
ERS of AMERICA, LOCAL 2-101, CIO and CHARLES B. MARL. Cases
Nos. 19-CA-328 and 19--CB-118. July 24,1951
Decision and- Order
On February 14, 1951, Trial Examiner Maurice M. Miller issued
his intermediate Report in the above-entitled proceeding, finding that.
the Respondent Union had engaged in and was engaging in certain
unfair labor practices and recommending that it cease and desist there-
from and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. The Trial Examiner also found
that the Respondent Company had not engaged in any unfair labor
practice and recommended that the complaint be dismissed with re-
spect to the Company. Thereafter, the General Counsel and the
Union filed exceptions to the Intermediate Report and supporting
briefs.
The Board 1 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 In-
1 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 Murdock].
95 NLRB No. 59.