McKesson & Robbins, Inc.

National Labor Relations Board - Board Decisions

Aug 7, 1942

42 N.L.R.B. 1297 (N.L.R.B. 1942)

In the Matter of McKEssoN, & ROBBINs, INC, FULLER-MORRISON
DIVISION and WAREHOUSE AND DISTRIBUTION WORKERS UNION, LOCAL'
208, I L W U . (C. I 0) and MISCELLANEOUS WAREHOUSEMEN'S
UNION LOCAL #781, I B T OF A. (A. F. L )
Case No RE-/3 -Decided August 7, 1942
Jurisdiction , ding and liquor wholesaling industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord either of petitioners recognition until certified by the Board,
contract automatically renewed after filing of petition held no bal. , election
necessary -
Unit Appropriate for Collective Bargaining : all employees at the Fullei-
Morrison Division of the Company, including watchmen, but excluding super-
visory employees, agreement as to
Air. Frederic Wingersky, of New York City, foi the Company
Mr. Alfred Caplan, and Mr Louis Goldblatt, of Chicago, Ill., for
the C. I O.
Mr Thomas J Kilroy and Mr Francis D. O'Mara, of Chicago, Ill.,
for the A F of L.
Mr'Louis Cokin, of counsel to the Boaid
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by McKesson & Robbins, Inc, Fuller-
Moriison Division, Chicago, Illinois, herein called the Company,
alleging that a question affecting commerce had arisen concerning the
representation of employees of the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Russell Packaid, Trial Examiner Said hearing was
held at Chicago, Illinois, on duly 7, 1942. The Company, Ware-
house and Distribution Workers Union, Local 208, I. L W. U.
(C I O) , herein called the C I O , and Miscellaneous Warehouse-
men's Union Local #781, I B T of A. (A F. of L), herein called
the A. F of L, appeared, participated, and were afforded, full op-
42 N L R B, No 236
472S14-42-vol 42--82
1297
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1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
On July 24, 1942, the A F of L filed a brief which the Board has
considered. -
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
McKesson & Robbins, Inc, is a Mai yland car poi ation operating
wholesale diug and liquor houses throughout the United States We
are heie concerned with its Fuller-Morrison Division located at
Chicago, Illinois The Fullei-Mori ison Division sells products valued
in excess of $9,000,000 annually, appioximately 17 percent of which
are shipped outside the State of Illinois. The Company admits that
it is engaged in commeice within the meaning of the National Labor
Relations Act
II THE ORGANIZATIONS INVOLVED
Waiehouse and Distribution Woikeis Union, Local 208, I L W U ,
is a labor oiganization affiliated with the Congress of Industiial
Organizations, admitting to membership employees of the Company
Miscellaneous Warehousemen's Union Local #781, I B T of A,
is a labor organization affiliated with the Ameiican Federation of
Labor, admitting to membership employees of the Company
III TILE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize either of the labor oiganizations
involved herein as the exclusive iepresentative of its employees until
such time as the Board deteimines the bargaining agent of agents of
its employees
On August 18, 1937, the Company and the A F of L entered into
an exclusive bargaining contiact This contract is for a period of 1
year and renewable thereafter for 1-year penods unless notice of
termination is given sixty (60) days prior to the end of any year
period by eithei party theieto. No such notice has been given The
A F of L contends that its conti act is a bar to a piesent determination
of representatives and requests that the petition be dismissed The
record nidicates that the,C I 0 made its claim upon the Company
on May 13, 1942, and that the petition herein was filed on June 15, 1942
The contract would not automatically have renewed itself until July
0
McKESSON & ROBBINTS, INC 1299
18, 1942. Under the circumstances we find that the contract does not
constitute a bar to a present determination of representatives.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the C I 0 and the A. F of L.
each represents a substantial number of employees in the unit here-
inafter found to be appropriate'
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
All parties agree that all employees at the Fuller-Morrison Di-
vision of the Company, including watchmen, but excluding super-
visory employees, constitute an appropriate unit The only contro-
versy with respect to the unit conccrns seven alleged supervisory
employees The C I 0 urges that all such employees be excluded
from the unit, and the Company and the A. F of L that they be
included.
The seven employees in dispute are designated-by the Company
as working foremen and they ai e in chai ge of various di ug and liquor
departments throughout the warehouse It does not clearly appear
from the record whether the position. held by such employees were
covered by the contract between the Company and the A F. of L.
We find that the employees in dispute should be included in the unit
if their positions were covered by the contract, but that they should
be excluded if such position weie not coveied by the conti act
We find that all employees of the Fullei-Moirison Division of the
Company, including watchmen, but excluding supervisory employees,
constitute a unit appropriate for the purposes, of collective bargain-
ing, within the meaning of Section 9 (b) of the Act
V THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be iesolved by an election by secret ballot. The A. F.
of L urges that a pay roll as of May 20,"1942, be used to determine,
eligibility to vote The Company contends that the pay roll as of
the date of the hearing should be used for that purpose The.A F
'The Regional Diiector iepoited that the C I 0 presented 73 inembeiship or author-
hation cards bearing apparently genuine Signatures of persons whose names appear on
the Company's pay roll of Tune 22, 1942 He further reported that the A F of L
presented 46 membership application cards bearing apparently genuine signatures of
persons whose names appear on the Company 's pay roll of Tune 22, 1942 There are
appioximately 120 employees on that pay roll in the unit hereinafter found to be
appiopiiate
1300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of L. requests that a current pay roll be used In accordance with
our usual practice, we shall direct that the employees of the Company
eligible to vote in the election shall be those 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.
The C. I 0 requests that it appear on the ballot as "Warehouse and
Distribution Workers Union, Local 208, I L W. U, C. I O " The
A F. of L requests that it appear on the ballot as "Miscellaneous
Warehousemen's Union Local 781, A F. of L " The requests are
hereby granted
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,
49 Stat 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining 'with McKesson &
Robbins, Inc , Fuller-Moiiison Division, Chicago, Illinois 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 Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the employees of the Company in Vie unit found
appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction,
including any such employees who did not work during said pay-roll
period, because they were ill or on vacation or in the active military
service or training of the United States, or tempoiarily 'laid off, but
excluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by Warehouse and
Distribution Workers Union, Local 208, I L W U. C I. 0., or by
Miscellaneous Warehousemen's Umon Local 781, A F of L , for the
purposes of collective bargaining, or by neither
MR GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election