Pepsi Cola Metropolitan Bottling Co., Inc.

National Labor Relations Board - Board Decisions

Sep 15, 1952

100 N.L.R.B. 1139 (N.L.R.B. 1952)

PEPSI COLA METROPOLITAN BOTTLING COMPANY , INC. 1139
PEPSI COLA METROPOLITAN BOTTLING COMPANY , INC. and LOCAL 183
INTERNATIONAL UNION Or UNITED BREWERY, CEREAL, SOFT DRINK
AND DISTILLERY WORKERS OF AMERICA, CIO, PETITIONER . Case No.
4-RC-1464. September 15, 1952
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Harold Kowal, hearing
officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Styles and Peterson].
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 labor organizations involved claim to represent certain em-
ployees of the Employer.,
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The collective bargaining unit established by the most recent con-
tract between the Employer and the Intervenor comprises an outside
crew consisting of regular route salesmen, vending route salesmen,
and utility men, and an inside crew consisting of a mechanic leader,
mechanics, filler machine operators, fork-lift operators, working fore-
men of the full goods warehouse, of the clean-up crew, and of the
empty case warehouse, and the general plant workers.2
The Petitioner seeks, in effect, to sever a unit of the foregoing
inside employees, excluding only the mechanic leader and the me-
chanics. The Employer contends that the contractual bargaining
unit is alone appropriate and the Intervenor agrees generally with
the Employer. The parties agree that if the separate unit sought
by the Petitioner is found appropriate, the mechanic leader and the
1 The Commission Salesmen , Drivers and Helpers #187, International Brotherhood of
Teamsters , Chauffeurs , Warehousemen and Helpers of America , AFL, herein called the
Intervenor , was permitted to intervene at the hearing. The Intervenor contends that its
contract is a bar to this proceeding . However, prior to the automatic renewal date of its
contract the Intervenor notified the Employer I of its desire to modify the contract, thereby
effectively forestalling the automatic renewal of the contract . We therefore find the
contract is no bar to this proceeding.
2 There is also in effect a contract with Local 473 , International Brotherhood of Fire-
men and Oilers, AFL, covering maintenance mechanics , millwrights , engineers , oilers,
greasers , and firemen , all of whom the parties have agreed to exclude.
100 NLRB No. 154.
227260-53-vol . 100-73 _
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mechanics should be excluded. The Intervenor contends, further,
that the warehouse employees and fork-lift operators should also be
excluded.
The filler machine operators are engaged in operating the machines
which fill- the empty bottles with Pepsi Cola and crown them. They
work virtually all of the time operating these machines, which are
part of the production line. The fork-lift operators operate the fork-
lift machines used to transport merchandise in and about the plant,
including the warehouse, production line, and truck-loading areas,
and to load and unload the trucks. The general plant workers work
in the plant and warehouse as inspectors, stackers, and cleaners and
do other types of unskilled work. They constitute a labor pool and
may be moved from job to job either in the production area of the
plant or in the warehouse area. There are no employees who work
exclusively in the warehouse.
The regular route salesmen, of whom there are 82, spend nearly all
of their time away from the plant selling and delivering merchandise.
They drive trucks, make deliveries, and service coolers or vending
machines containing Pepsi Cola. They are supervised by 10 district
managers, whom all parties agree to exclude. The utility men, who
are also known as driver-trainees, take over one of the regular drivers'
routes in the event of his absence and eventually will themselves be
assigned to regular routes.
The proposed unit does not constitute a craft group, nor does any
other basis exist for finding that it may be appropriate in the face of
the bargaining history on a broader basis. Although the driver-sales-
men might constitute a craftiike group whom the Board would sever
from a larger unit,3 there is here no request for such a unit or any
union seeking to represent such a unit. The Board will not sever the.
noncraftsmen from a larger unit made up of noncraft and craft
employees .4
Order
IT IS HEREBY ORDERED that the petition be, and it hereby is, dismissed.
8 Norfolk Coca- Cola Company, 86 NLRB 462 ; Rockford Coca -Cola Bottling Company, 81
NLRB 579.
4 See Pittsburgh Railways Company , 79 NLRB 750 ; New Bedford Cotton Manufacturers'
Association, 78 NLRB 40.
J. J. NEWBERRY Co. and OFFICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 87, AFL, PETrrIONER. Case No. 15-RC-638. September
16,1952
Decision and Order
On January 12,1952, pursuant to a stipulation for certification upon
consent election, an election by secret ballot was conducted under the
100 NLRB No. 189.