Drewrys Ltd. U. S. A., Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1947

74 N.L.R.B. 31 (N.L.R.B. 1947)

In the Matter of DREWRYS LIMITED U. S. A., INC., EMPLOYER and IN-
TERNATIONAL UNION OF UNITED B REWERY, Fi.orni, CEREAL, SOFT,
DRINK AND DISTILLERY WORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. 13-R-.4. 82.-Decided June 10, 19117
Messrs. Rudy A. Moritz and C. A. Budd, of South Bend, Ind., for
the Employer.
Messrs. Oliver A. Switzer and Jo/tn Dippel, of South Bend, Ind., for
the Petitioner.
Padway, Goldberg & Previant, by Mr. Saul Cooper, of Milwaukee,
Wis., for the Intervenor..
Mr. Edvrntnd J. Flynn, of counsel to the Board.
DECISION
AN D
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at South
Bend, Indiana, on April 29, 1947, before Max Rotenberg, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. At the hearing the Em-
ployer moved to dismiss the petition. For the reasons appearing in
Section III, below, the motion is hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS Or FACT
I. THE BUSINESS OF THE EMPLOYER
Drewrys Limited U. S. A., Inc., is a corporation engaged in the op-
eration of a brewery at South Bend, Indiana. During the year 1946,
the Employer purchased materials valued in excess of $2,000,000 of
which 80 percent was shipped to it from points outside the State of
Indiana. During the same period, the Employer's total sales of its
products were valued at approximately $8,000,000, of which 70 per-
cent was shipped to points outside the State.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
74NLR B,No.8. 31
753420-18-vol 74 4
'32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
,of Industrial Organizations, claiming to represent employees of the
Employer.
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local 364, herein called the Intervenor,
is a labor organization affiliated with the American Federation of
-Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of the employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
The Intervenor contends, however, that it has a current collective
-bargaining contract with the Employer and that this contract should
constitute a bar to a determination of representatives at the present
-time. The contract provides that it shall be effective on the first day
of May 1946, and shall remain in effect for 1 year, and from year to
year thereafter in the absence of written notice to change or termi-
nate given by either party 30 days before any anniversary date. Inas-
much as the petition herein was filed on March 6, 1947, before the
operative date of the automatic renewal provision of the contract, we
find that the contract is not a bar to the election hereinafter directed.'
The Intervenor also moved to dismiss the petition for the reason
-that the Petitioner did not make a showing of its representative inter-
est at the hearing. Such a showing is not required to be made at the
hearing.2 Moreover, we have been administratively satisfied that the
Petitioner has an adequate representative interest among the
employees in question.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties, we find that all pro-
duction, maintenance, and city route delivery employees of the
Employer's brewery at South Bend, Indiana, excluding firemen, engi-
neers, watchmen, office employees, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
1 See Matter of Westinghouse Electric Corporation, 71 N L R. B. 983; and Matter of
Michigan Producers' Dasry Company, 68 N L R. B. 6, 7.
2 Matter of ,0. D. Jennings ct Company, 68 N L R B 516.
DREWRYS LIMITED U. S. A., INC. 33
changes in the status of emloyees or effectively recommend such action,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Drewrys Limited U. S. A., Inc.,
South Bend, Indiana, an election by secret ballot shall be conducted as
early as possible, but not later than thixty (30) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Thirteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately 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 polls, but excluding those employees 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 repre-
sented by International Union of United Brewery, Flour, Cereal, Soft
Drink and Distillery Workers of America, C. I. 0., or by Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehpusemen and
Helpers of America, Local 364, A. F. L., for the purposes of collecti\ve
bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
8 Any participant in the election directed herein may , upon its prompt request to and
approval thereof by the Regional Director, have its name removed from the ballot.