92 N.L.R.B. 1430 (N.L.R.B. 1951)

New England Container Co.

National Labor Relations Board - Board DecisionsJan 19, 1951

92 N.L.R.B. 1430 (N.L.R.B. 1951)

In the Matter of NEw ENGLAND CONTAINER COMPANY, EMPLOYER and LOCAL 404, INTERNATIONAL BROTHERHOOD Or TEAMSTERS, CHAUF- FEURS, WAREIIOUSEMEN & HELPERS OF AMERICA, AFL, PETITIONER Case No. 1-RC-1663.Decided January 19, 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 Torbert H. Mac- donald, 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 [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case,. the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees of the Employer. 3. The Employer contends that a contract executed on July 25, 1950, between it and the Chicopee Container and Carton Workers' Union Local No. 430, affiliated with the International Printing Press- men and Assistants Union of North America,' is a bar to this proceeding. However, as the petition herein was filed July 20, 1950, prior to the execution of the agreement, the contract cannot operate as a bar to this proceeding.2 We find that a question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit of all truck drivers of the Employer, excluding office and clerical employees, professional employees, guards, and supervisors as defined in the Act. The Employer does not oppose the unit as such but, as previously indicated, contends that its contract is a bar to this proceedings. Local 430, which has represented 'Hereinafter called Local 430. 2 See Bunker Hill and Sullivan . Mining and Concentrating Company, et al., 89 NLRB 243. 92 NLRB No. 219. 1430 NEW ENGLAND CONTAINER COMPANY 1431 the production and maintenance employees of the Employer including truck drivers since 1938, has disclaimed any interest in this proceed- ing, and has relinquished all bargaining rights over the unit here concerned. There is no question but that a unit of the type sought here may be appropriate.3 The question presented is whether the Board should now make a final unit determination, or whether it should first "Globe" the employees to determine their desires in the matter of separate rep- resentation. As previously stated, Local 430 has relinquished its claim to representation with respect to the afore-mentioned employees. However, we do not believe that that fact alone warrants departure from our usual procedure of directing a globe election to determine whether employees who have appropriately been part of a larger unit desire to constitute a separate appropriate unit 4 Such a procedure will permit the truck drivers to remain in the over-all unit in the event they reject the Petitioner. Accordingly, we shall make no final unit determination at this time, but shall be guided in part by the desires of these employees as expressed in the election hereinafter directed. If a majority vote for the Petitioner, they will be taken to have in- dicated their desire to constitute a separate appropriate unit. Other- wise they shall remain a part of the unit currently represented by Local 430. We find that the following employees may constitute a unit appro- pri ate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All truck drivers of the Employer, excluding office and clerical employees, professional employees, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication in this volume.] 3 See for example , White-Washburne Co., Inc. , 91 NLRB No . 97, and cases cited therein.- i Davenport Machine & Foundry Co., 76 NLRB 938. Insofar as this decision is incon- sistent with The J7clipse Lawn Mower Co., 73 NLRB 258 , that decision is hereby overruled.