Wm. Wood Bakery, Inc.

National Labor Relations Board - Board Decisions

Nov 26, 1951

97 N.L.R.B. 122 (N.L.R.B. 1951)

122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WM. WOOD BAKERY, INC., PETITIONER and INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, LOCAL No. 5, AFL. Case No. 15-ISM-32. November
26, 1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Joseph M. Mitchell, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
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 Employer operates a bakery at Baton Rouge, Louisiana,
where it manufactures, and from which it distributes, bakery products.
The Employer distributes its products both in Baton Rouge and its
immediately vicinity, and also in certain outlying areas. In Baton
Rouge, the Employer's products are distributed on various routes by
driver-salesmen who pick up such products at the Employer's bakery.
The products distributed in the outlying areas are, however, first
loaded into vans at the bakery, and are transported in such vans to the
outlying areas, where they are delivered to the driver-salesmen who
service such areas. The Employer asserts that a unit embracing all
its driver-salesmen, van drivers, extra men, extra order men, and load-
ers, both at Baton Rouge and in the outlying areas, is appropriate.
The Union asserts, however, that no question of representation exists,
because it has requested recognition as the representative of only the
driver-salesmen, extra men, extra order men, and loaders who work
at or out of the Baton Rouge bakery.
On August 14, 1951, the Union requested recognition as the repre-
sentative of employees at the Employer's Baton Rouge bakery. On
August 20, 1951, the Union called a strike and began picketing the
bakery; the picket carried a sign reading "Wolf Bakery Drivers on
Strike for Recognition." The strike and picketing were still in prog-
ress at the time of the hearing. At the hearing, the Union reiterated
its claim to represent the employees at the bakery. The Union does
not, however, claim to represent the employees who service the out-
lying areas.
I The hearing officer referred to the Board the Union ' s motion to dismiss the petition in
this proceeding . For the reasons set forth hereinafter , this motion is hereby granted
2 The Employer is a Louisiana corporation with its office and place of business at Baton
Rouge , Louisiana . During the 6-month period preceding the hearing in this matter, the
Employer sold and delivered outside the State of Louisiana products valued in excess of
$100,000 Stanaslavs Implement and Hardware Company, Limited , 91 NLRB 618
97 NLRB No. 23.
SERVICE TRADE CHAUFFEURS, SALESMEN, AND HELPERS 123-
On these facts we find that, although the Union is presently claiming
to represent certain employees of the Employer, neither it nor any
other labor organization claims to represent the employees in the unit
alleged as appropriate in the Employer's petition.3 Under these cir-
cumstances, we find that the petition does not raise a question con-
cerning representation , within the meaning of Section 9 (c) (1) and
Section 2 ( 6) and (7) of the Act 4 Accordingly, we shall dismiss the
petition.,,
Order
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
MEMBER MURDOCK took no part in the consideration of the above
Decision and Order.
8 There are about 75 employees in the unit alleged in the petition , and about 35 in the
group which the Union claims to represent.
ri Corer d'Alene Grocers Association, 88 NLRB 44; Ny-Lint Tool f Manufacturing Co.,
77 NLRB 642.
5In view of our disposition of this proceeding , we find it unnecessary to consider the
alternative grounds advanced by the Union in support of its motion to dismiss
SERVICE TRADE CHAUFFEURS, SALESMEN, AND HELPERS LOCAL 145, (ALSO
KNOWN AS FOOD, BEVERAGE AND EXPRESS DRIVERS LOCAL UNION
No. 145) AFFILIATED WITH - INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,
AFL and THE HOWLAND DRY GOODS COMPANY AND MEIGS & CO.,
INC. AND D. M. READ COMPANY. Cases Nos. 2-CC-64, 2-CC-65,
and O-CC-66. November 27, 1951
Supplemental Decision
On August 31, 1949, the National Labor Relations Board issued its
Decision and Order in this case (85 NLRB 1037), in which it found
that the Respondent Local 145 had engaged in certain unfair labor
practices affecting commerce, and ordered the Respondent to cease
and desist therefrom and take certain affirmative remedial action.
The Board thereafter petitioned the United States Court of Ap-
peals for the Second Circuit to enforce its Order against the Respond-
ent. On July 31, 1951, the court of appeals issued its decision (191
F. 2d 65), enforcing that portion of the Board's Order which was
based on the finding that the Respondent had violated Section 8 (b)
(4) (A) and (B) of the National Labor Relations Act, as amended,
in its picketing of the D. M. Read Company warehouse, Bridgeport,
Connecticut, but remanding the balance of the case to the Board for
97 NLRB No. 24.