Detroit Coca Cola Bottling Co.

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1404 (N.L.R.B. 1944)

In the Matter of DETROIT COCA COLA BOTTLING COMPANY and LOCAL
337, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS,
WAREHOUSEMEN & HELPERS OF AMERICA, A. F. OF L.
11
Case No. 7-R-17,53.-Decided June 15,1944
Mr. Maurice H. Mac Mahon, of Detroit, Mich., for the Company.
Padrway c Goldberg, by Mr. I. E. Goldberg, of Milwaukee, Wis.,
and Messrs. James Ho ff a' and Robert HolLmes, of Detroit, Mich., for
Local 337.
Mr. Martin F. Donoghue, of Washington, D. C., and Messrs. Eugene
J. McCann, Charles B. Hewgley and John J. Fox, of Detroit, Mich.,
for Local 38.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 337, International Brotherhood
of Teamsters, Chauffeurs,, Warehousemen & Helpers, of America, A. F.
of L., herein called Local 337, alleging that a question affecting com-
merce had aiisen concerning the representation of employees of Detroit
Coca Cola Bottling Company,-Detroit, Michigan, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Robert J. Wiener, Trial
Examiner. Said hearing was held at Detroit, Michigan, on May 26,
1944. At the commencement of the hearing the Trial Examiner
granted a motion of Local 38, International Union of United Brewery,
Flour, Cereal and Soft Drink Workers of America, C. I. 0., herein
called Local 38, to intervene. The Company, Local- 337, and Local'
38, appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free' frorh prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with''the Board.-
56 N. L. R. B, No. 252.
1404 _
DETROIT COCA COLA BOTTLING COMPANY, 1405
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
- Detroit Coca Cola Bottling Company is engaged in the bottling of
soft drinks at two plants in Detroit. The Company uses materials
valued in excess, of , $1,000,000 annually and shipped, to it from, points
outside the, State of Michigan. All its products are sold within the
State of Michigan.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 337, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees'of the Company. '
Local 38, International Union of United Brewery, Flour, Cereal
and Soft Drink Workers of America, is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employee's of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize Local 337 as the exclusive col-
lective bargaining representative of its employees until such time as
Local 337 is certified by the Board.
The Company and Local 38 were parties to a contract which expired
on March 19, 1944. On April - 24, 1944, Local 337 made its claim
upon the Company. On May 24, 1944, the Company and Local 38
entered into a new contract. Neither contract is urged as a bar.
Inasmuch as the contract of May 24, 1944, was entered into after Local
337's claim upon the Company, we find that it does not constitute a
bar to a determination of representatives at this time.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that Local 337 represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate.' -
We find that a question affecting commerce has arising concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
'The Field Examiner reported that Local 337 submitted 62 authorizat ion cards bearing
the names of persons who appear on a payroll of the Company. Theie are approximately
175 employees in the appropriate unit . Local 38 did not'present any evidence of representa-
tion but relies upon its contract as evidence of its interest in the instant proceeding.
587784-45-vol 56-90
1406 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
'We find, in accordance with a stipulation of the parties, that all
,production and inside employees, drivers, helpers, maintenance men,
janitors, and regular part-time employees at the two Detroit plants
of the Company, excluding clerical employees, shipping and' re-
ceiving clerks, syrup men, plant protection employees, casual em-
ployees, and all supervisory employees with authority to hire, promote.
'discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate;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 means of an election by secret ballot among
the employees 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 ' limita't.i ons and additions set forth in
the Direction..
0 DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant 'to Article III, Section 9, of National Labor Rela-
tions Board,Rules and Regulations-Series 3, it is hereby
DIRECTED that, as, part of the investigation to ascertain representa-
tives for the- purposes of collective bargaining with,Detroit Coca
Cola Bottling Company, Detroit, Michigan, an election by secret bal-
lot 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 Seventh -Region, acting
in this.matter as agent for the National Labor Relations' Board, and,
subject to Article III; Sections 10 and 11, of said-Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll' period immedi-
ately preceding the date of this Direction, including 'employees who
did not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the armed
forces of the United-States who present themselves in person at the
DETROIT COCA COLA BOTTLING COMPANY 1407"
polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to,determine whether they desire to be represented by Local
337, International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, A. F. of L., or by Local 38, International
Union of United Brewery, Flour, Cereal and Soft Drink Workers of
America, C. I. 0., for the purposes of collective bargaining, or by
neither.
I