Quaker City Chocolate and Confectionery Co., Inc.

National Labor Relations Board - Board Decisions

May 17, 1958

120 N.L.R.B. 1160 (N.L.R.B. 1958)

1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
If a majority of the employees in voting group C vote for the UAW,
they will be taken to have indicated their desire to be added to the
existing unit represented by the UAW, and the Regional Director
conducting the election is instructed to issue a certification of results
of election to the UAW. If a majority of the employees in voting
group C vote for IBEW Local 1710, they will have indicated their
desire to constitute a separate appropriate unit, which the Board in
such circumstances finds to be appropriate for purposes of collective
bargaining, and the Regional Director conducting the election is in-
structed to issue a certification of representatives to IBEW Local 1710
for a unit of such employees. If, on the other hand, a majority of the
employees in voting group C vote for neither UAW nor IBEW Local
1710, they will be taken to have expressed their desire to remain
unrepresented.
[Text of Direction of Elections omitted from publication.]
Quaker City Chocolate and Confectionery Company, Inc., Peti-
tioner and Local 6, American Bakery & Confectionery Workers
International Union, AFL-CIO 1 and Local 6, Bakery and Con-
fectionery Workers International Union of America, and
Bakery and Confectionery Workers International Union of
America.' Case No. 4-ISM-175. May 17, 1958
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 a 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 Leedom and Members
Rodgers and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.'
i Herein called Local 6-AB.
Herein called Local 6-BW, and BW, respectively.
We find that Local 6-BW, which has a contract with the Employer and, as found
'below, is not defunct, is entitled to intervene. BW, which as Local 6-BW's parent is
,currently administering Its affairs through a trustee, is also entitled to intervene. In
the absence of stipulations , we find that Locals 6-BW and 6-AB are labor organizations.
120 NLRB No. 157.
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS 1161
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.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All employees at the Employer's Philadelphia, Pennsylvania, plant,
excluding executives , office clericals , sales personnel , maintenance and
repair employees, firemen, engineers , print shop employees , elevator
employees, watchmen, foremen , foreladies , and all other supervisors
as defined in the Act .5
[Text of Direction of Election omitted from publication.]
4 Local 6-BW and BW contend that the former 's contract, which will not expire until`
December 31, 1958, is a bar. Local 6-AB contends that it is the successor to Local 6-BW
and that no election is necessary . In the alternative Local 6-AB asserts that a schism
exists in Local 6-BW removing the contract as a bar. On December 9, 1957, the AFL-
CIO convention voted to expel BW effective December 12 The facts relating to the ex-
pulsion are set forth in The Great Atlantic and Pacific Tea Co., 120 NLRB 656.
On December 10, officials of Local 6-BW, an amalgamated local representing employees
of many employers in the Philadelphia area, called a special executive board meeting at
which it was voted unanimously , for reasons related to BW's expulsion from AFL-CIO,
to disaffiliate from BW and to affiliate with the newly chartered American Bakery and
Confectionery Workers International Union , AFL-CIO. Shortly thereafter , a petition
was circulated and signed by about 3,300 of the approximately 4,000 membership whereby
the action of the executive board meeting was endorsed On December 17, BW appointed
a special trustee to administer-the affairs of Local 6-131W. Among other things , the special
trustee instituted court proceedings to protect and obtain control of the assets of the
Local and notified employers under contract with Local 6-BW, including the Employer,
that he is ready, willing, and able to administer existing contracts We find, upon the
basis of the foregoing , that Local 6-BW is not defunct and that Local 6-AB is not its
successor . However, for the reasons given in the A and P case , we find that a schism
has occurred in Local 6-BW removing the contract as a bar herein
5 The unit was stipulated
Teamsters , Chauffeurs, Warehousemen and Helpers Union, Local
386, and General Teamsters Union, Local 4311 and California
Association of Employers . Case No. 20-CC-135. May 28, 1958
DECISION AND ORDER
On September 17,1957, Trial Examiner William E. Spencer issued
his Intermediate Report in the above-entitled proceeding, a copy of
which is attached hereto, finding that the Respondents had not en-
gaged in and were not engaging in unfair labor practices , and recom-
mending that the complaint be dismissed in its entirety . Thereafter,
the General Counsel and the Charging Party filed exceptions to the
Intermediate Report and supporting briefs.
1 The Board has been notified by the AFL--CIO that it deems the Teamsters ' certificate
of affiliation revoked by convention action . The identification of the two Respondent
Locals is amended accordingly.
120 NLRB No. 161.