Joseph S. Finch and Co.

In the Matter Of JOSEPH S. FINCH AND COMPANY and UNITED DISTIL- LERY WoRlinl:s, LOCAL #3, C. I. O. Case No. R-3487.-Decided February 27, 19!22 Jurisdiction : liquor distilling industry. Investigation and Certification of Representatives : existence of question. re- fusal to accord recognition to petitioning union; contract with rival uniov which parties agree does not constitute a 'bar, no tiar to ; election necessary. Unit Appropriate for Collective Bargaining : all firemen and water tenders, stipulation as to Mr. Frederick P. Lee, of Washington, D. C., for the Company. Mr. Benjamin C. Sigel and Mr. Anthony J. Federoff, of Pittsburgh, Pa., for the C. I. O. Mr. William E. Fredenberger, of Louisville, Ky., and Mr. J. C. Wiedmnan, of Pittsburgh, Pa., for the A. F. of L. Mr. Gerard J. Manack, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATI.'-11MENT OF THE CASE On November 13, 1941, United Distillery Workers, Local #3, C. I. 0., herein called the C., I. O., filed with the Regional Director for the Sixth Region ( Pittsburgh , Pennsylvania ) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Joseph S. Finch and Company, , Schenley, Pennsylvania, herein called the Company , and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 12, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the .Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investiga= tion and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. Erroneously designated in the petition as Joseph S Finch Distilling Co 39 N. L.R.B,No 51. 280 JOSEPH S. FINCH AND COMPANY 281 On January 22,,1942; the Regional Director issued a notice of hear- ing, copies of which-were duly served upon the Company, the C. I. O., and International Brotherhood of Firemen & Oilers,-Local No. 77,'a labor organization affiliated with the American Federation of Labor; herein called the A. F. of L., claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on January 30, 1942, at Pittsburgh, Pennsylvania, before W. G. Stuart Sherman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the C. I. 0., and the A. F. of L. were represented by counsel, and all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses and to introduce, evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and objections to. the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case; the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Joseph S. Finch and Company, a Pennsylvania corporation, is engaged in the distilling, and bottling of various types of spirituous liquors., It maintains a distilling plant at Schenley, Pennsylvania; rectifying plants at Aladdin, Pennsylvania, and Frankford, Ken- tucky; sales offices at Pittsburgh, Pennsylvania, and Philadelphia, Pennsylvania ; and executive offices in New York City. The dis- tilling plant at Schenley, Pennsylvania, where the Company employs 970 persons; is the only plant involved in this proceeding. During the year 1941 substantially all of the raw materials used in the operations of the, plant were purchased from points outside the State of Pennsylvania. During this period, the plant produced approxi- mately 5,500,000 gallons of various types of spirituous liquors `of the approximate value of $3,045,000. The Company transports its finished product throughout the United States by railroad and truck` The Company admits that it is engaged in commerce within the meaning of the Act. ' II. THE ORGANIZATIONS INVOLVED United Distillery Workers, Local #3, is a -labor organization affiliated with the 'Congress'of Industrial Organizations. It admits to -membership employees of the Company. 282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Brotherhood, of Firemen & Oilers, Local No. 77, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION On December 30, 1938, pursuant to a Globe election,2 the Board certified the C. I. O. as the exclusive representative of all production and maintenance employees at the Schenley plant, exclusive of fire- men, water tenders, watchmen, office workers, and supervisory em- ployees and other direct representatives of the management; and at the same time certified the A. F. of L. as the exclusive representative of all 'firemen and water tenders at the plant.3 The Company there- after entered into written contracts with both unions recognizing them as the respective representatives of the two units. The A. F. of L. contract, dated January 1, 1941, was for a period of 1 year and each year thereafter unless 30 days' written notice of termination was given by either party to the contract prior to any expiration date. The C. I. O. has requested, and the Company has refused it, recognition as representative of the firemen and water tenders. All parties agree that the A. F. of L. contract" does not constitute a bar to the present proceeding. A statement prepared by the Regional Director and introduced into evidence at the hearing discloses that the C. I. O. represents a substantial number of employees in the unit hereinafter found to be appropriate.4 The A. F. of L. relies upon its contract to show substantial interest. - We find that a question has arisen concerning the representation of employees of the Company. TV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE • We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. 'Matter of Joseph S. Finch & Co., Inc. and United Distilnery Workers Union, Local No 3, et al., 7 N L. R.B 1 10 N. L. R. B. 896. * The C I. 0 submitted 17 application -for-membership cards , 12 of which were dated in January 1939 , and 5 of which were dated in January 1941 ; all appeared to bear genuine, original signatures All signatures are names of persons appearing on the Company's pay roll of December 5, 1941, containing the names of 28 firemen and water tenders. JOSEPH S. FINCH AND COMPANY V. THE APPROPRIATE UNIT 283 We find, in accordance with a stipulation entered into by the Company, the C. I. 0., and the A. F. of L. at the hearing, that all firemen and water tenders 6 at the Schenley plant of the Company constitute an appropriate unit for the purposes of collective bargain- ing, and that said unit, will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and will otherwise effectuate the policies of the Act." VI. THE DETERMINATION OF REPRESENTATIVES We find that the, question concerning representation which has arisen can best be resolved by means of an election by secret ballot. In accordance with our usual practice we shall direct that the em- ployees eligible to vote in the election, shall be those employed by the Company in the appropriate unit during the pay-roll period immediately preceding the date of this Direction of Election, subject to the limitations and additions set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Joseph S. Finch and Company, Schenley, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All firemen and water tenders at the Schenley plant of the Company constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Joseph S. Finch and Company, Schenley, Pennsylvania, an 6 Those employees are also referred to in the record as oilers and boiler -plant employees "The C. I. 0 requested at the hearing that the Board merge this unit with the larger unit now represented by the C. I. O. In the Schenley plant , in the event that the C I 0 wins the election herein directed . We need not consider this request at this time. 284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days after the date of this Direction -of Election, under the direction and supervision of the Regional Direc- tor for the Sixth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all firemen and water tenders at the Schenley plant of Joseph S. Finch and Company who were employed by the Company during the' 'pay-roll period immediately preceding the date of this Direction of Election; including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United' States, or temporarily laid 'off, but excluding employees who have since quit or been discharged,'for cause, ,to determine whether they desire to be represented by United Distillery Workers, Local $k3, C. I. 0., or by International Brotherhood' of Firemen & Oilers, Local No.. -77, affiliated with the American Federation of Labor, 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. -