P. Ballantine & Sons

National Labor Relations Board - Board Decisions

Aug 13, 1942

43 N.L.R.B. 106 (N.L.R.B. 1942)

In the latter of P. BALLANTINE & SONS and LOCAL 843, INTERNATIONAL
BROTHERHOOD , TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELP-N
Ers,A.F.L.
Case No: R-4102. Decided 'August, 13,' 1942',
Jurisdiction : brewing iiidustry:.
-Investigation and Certification of Representatives : existence of question:. stipr
ulation as to; eligibility determined by stipulated pay roll.; election necessary.
Unit Appropriate for Collective Bargaining : all watchmen, porters, and checkers,
excluding supervisory employees ; stipulation as to.
Mr. Frederick R. Livingston, for the Board.
Mr. Otto A. Badenhausen, of Newark, N. J., for the Company.
Mr. Thomas L. Parsonnet, of Newark, N. J.; for the Union.
Mary M. Persinger, of counsel to the Board.
• DECISION
AND
DIRECTION OF ELECTION '
STATEMENT OF THE CASE
Upon petition duly filed by Local 843, International Brotherhood,
Teamsters, Chauffeurs, Warehousemen & Helpers, A. F. L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of P. Ballantine &
Sons, Newark, New Jersey, herein called the Company, the National
Labor Relations Board provided for ad appropriateappropriate hearing upon
due notice.
On July 28,1942, before a hearing was held, the Company, the Union,
and an attorney for the Second Region (New York City); entered into
a stipulation' containing an agreed statement of facts and expressly
waiving the holding of a hearing by-the Board. 'The Board hereby
approves the stipulation.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
P. Ballantine & Sons, a New Jersey corporation, has its plant and
principal place of business at Newark, New Jersey, where it is engaged
43 N. L. R. B., No. 11.
106
- P: BALLANTINE & SONS
in the manufacture; sale,- and distribution of ale and beer. During
1941, the Company. purchased raw materials valued at approximately
.$2,000,000; about 90. percent of which was shipped to it from outside
the State of New Jersey. During the same period the Company sold
finished products valued in excess of $10,000,000, approximately 50
percent of which was shipped outside the State of New Jersey. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act..'
H. THE ORGANIZATION INVOLVED -
Local 843, International Brotherhood, Teamsters, Chauffeurs,.
Warehousemen and Helpers is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company. .
III. THE QUESTION CONCERNING, REPRESENTATION
We find, in ,accordance. with. the stipulation of the parties, ,that f+
question affecting commerce has arisen concerning the representation
of employees of.the Company, within the meaning of Section 9. (c)T
and Section 2 (6) and (7) of the Act.,
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
watchmen, porters; and checkers at the Newark, New Jersey, plant
of the Company, excluding superVJsory employees, constitute a unit
appropriate 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 an election by secret ballot among the em-_.
ployees within, the appropriate unit who were employed during the
pay-roll period ending July 25, 1942,2 subject to the limitations and
additions-set, forth in the Direction-of Election herein.
3 A report by the Regional Director , which was attached to and made a part of the stipu-
lation herein, indicates that the Union represents a substantial number of employees in
the unit found ` below to be appropriate . The report stated that the Union submitted for
examination a petition signed by 61 persons , designating the Union as-their exclusive
representative for collective bargaining purposes ; that the signatures were obtained be-
tween June 1 and July 31 ; that all 61 of the signatures appear to be genuine ; and that
55 of the 61 are the names of persons, whose names appear on the Company 's pay roll
for July 25; 1942, which lists 70 persons in the appropriate unit. - '
2 The parties stipulated the use of _ the July 25 , 1942, pay roll to determine eligibility.
108 DECISIONS OF NATIONAL LABOR RELATIONS . BOARD'
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 Rela-
tions Act , 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' representa-
tives . for the purposes of collective bargaining with P. Ballantine &',
Sons, Newark, New Jersey, . an election by secret ballot shall be con-'
ducted 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 Second Region, acting in this matter as
agent for the National Labor. Relations Board and subject to Article
III, `Section 9, of said Rules and Regulations , among the employees
in the unit found appropriate in Section ITT, above, who were em-
ployed during the pay-roll period ending July 25, 1942, including'
employees who,did not work during such pay-roll period because they
were ill or on vacation or in the . active military service or training
of the United States , or temporarily laid off , but excluding employees
who have since quit or been discharged for cause , to determine
whether or not they desire to be represented by Local 843, Interna-
tional Brotherhood , Teamsters , Chauffeurs , Warehousemen & Help=
ers, affiliated with _ the American Federation of Labor, for the pur- -
poses of collective bargaining.