50 N.L.R.B. 831 (N.L.R.B. 1943)

J. Lee Price

National Labor Relations Board - Board DecisionsJun 25, 1943

50 N.L.R.B. 831 (N.L.R.B. 1943)

In the Matter Of J. LEE PRICE, AN INDIVIDUAL and WAREHOUSE AND DISTRIBUTION WORKERS UNION, I. L. W. U., C. I. O. Case No. R-6,505.-Decided June 25, 1943 Mr. J. Lee Price, of Washington, D. C., for the Company.; Mr. James M. Moore, of Washington, D. C., for the C. I. O. Mr. Thomas P. O'Brien and Mr. Robert A. Wilson, of Washington, D. C., for the Teamsters. Mr. Louis Cokin,, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition 'duly filed by Warehouse and Distribution Workers Union, I. L. W. U., C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the represen- tation of employees of J. Lee Price, an individual, Washington, D. C., herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon, due notice, before Anthony E. Molina, Trial Examiner. Said hearing was held at Washington, D. C., on June 4, 1943. At the commencement of the hearing, the Trial Examiner granted a motion of International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 639, A. F. of L., herein called the Teamsters, to intervene. The Com- pany, the C. I. 0., and the Teamsters appeared at and participated in the hearing, and all parties 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 from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY J. Lee Price, an individual, is engaged in the business of contract hauling at Washington, D. C. The Company's main source of busi- 50 N. L. R. B., No. 119. 831 832 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD 1 ness,-is gathering waste paper from United States Government build- ings at Washington , D. C., and nearby -points in the State of Vir- ginia and Maryland . The waste paper is hauled to central ware- houses for packing and sorting and thereafter to railroad yards for shipment to points outside the District of Columbia. II. THE ORGANIZATIONS INVOLVED Warehouse and Distribution Workers Union, I. L. W. U., is a labor organization affiliated with the Congress of Industrial Organiza- tions, admitting to membership employees of the Company. International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, Local 639, is a labor organization affiliated with the American Federation of Labor, admitting to membership' employees of .the Company. III. THE QUESTION CONCERNING REPRESENTATION During the latter part of April 1943, the C. I. O. requested the Com- pany to recognize it as the exclusive collective bargaining representa- tive of its employees. The Company did not reply to this request. A statement of the Trial Examiner, read into evidence at the hear- ing, indicates that the C. I. O. and Teamsters each represents a sub- stantial number of employees in the unit hereinafter found to be appropriate? We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. - IV. THE APPROPRIATE UNIT The parties agree, and we find, that all drivers and helpers of the Company, excluding foremen, 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 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 3 The Trial Examiner reported that the C . I. O. presented 12 authorization cards bearing apparently genuine signatures of persons whose names appear on the June 3 , 1943, pay roll of the Company. He further reported that the Teamsters presented 14 membership application cards bearing apparently genuine signatures of persons whose names appear on the pay roll of June 3, 1943. There are approximately 21 persons in the appropriate unit. J. LEE PRICE 833 Election herein, subject to the limitations and additions set forth in the'Direction. I The C. I. O. and the Teamsters request that they appear on the ballot as "C: I. 0." and "A. F. of L.,') respectively. The requests are hereby granted. 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represen- tatives for the purposes of collective bargaining with J. Lee Price, an individual, Washington, D. C., an election by secret ballot 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 Fifth Region acting in this,matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, 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 any who have since quit or been discharged for cause, to determine whether they desire to be represented by the C. I. 0., or by the A. F. of L., for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.